[Federal Register Volume 67, Number 75 (Thursday, April 18, 2002)]
[Proposed Rules]
[Pages 19144-19148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9417]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-003]
RIN 2115-AA97


Safety Zones; Annual Fireworks Displays in the Captain of the 
Port Milwaukee Zone

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 29 permanent safety 
zones for annual fireworks displays throughout the Captain of the Port 
Milwaukee Zone. These safety zones are necessary to control vessel 
traffic within the immediate vicinity of the fireworks launch sites and 
to ensure the safety of life and property during each event. These 
safety zones are intended to restrict vessels from that area 
encompassed by the safety zone for the duration of each firework 
display.

DATES: Comments and related material must reach the Coast Guard on or 
before June 17, 2002.

ADDRESSES: You may mail or hand-deliver comments and related material 
to Commanding Officer, U.S. Coast Guard Marine Safety Office Milwaukee, 
2420 South Lincoln Memorial Drive, Milwaukee, WI 53207. Marine Safety 
Office Milwaukee maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as the 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Marine Safety Office Milwaukee between 7 a.m. and 3:30 p.m. 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Timothy Sickler, U.S. Coast 
Guard, Marine Safety Office Milwaukee, 2420 S. Lincoln Memorial Drive, 
Milwaukee, WI 53207, (414) 747-7155.

SUPPLEMENTARY INFORMATION:   

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking CGD09-02-
003 and indicate the specific section or event of this proposal to 
which each comment applies, and give the reason for each comment. 
Please submit two copies of all comments and attachments in an unbound 
format, no larger than 8 1/2 by 11 inches, suitable for photocopying 
and electronic filing. If you would like to know they reached us, 
please enclose a stamped, self-addressed envelope or postcard. We will 
consider all comments and material received during the comment period. 
We may change this proposal in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine

[[Page 19145]]

Safety Office Milwaukee at the address listed under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    Each year, various organizations in Wisconsin sponsor fireworks 
displays at the same locations during the same general time periods. 
Based on recent accidents that have occurred in other Captain of the 
Port zones, and the explosive hazard associated with these events, the 
Captain of the Port has determined that fireworks launches in close 
proximity to watercraft pose a significant risk to public safety and 
property. The likely combination of large numbers of inexperienced 
recreational boaters, congested waterways, darkness punctuated by 
bright flashes of light, alcohol use, and debris falling into the water 
could easily result in serious injuries or fatalities. Establishing a 
safety zone to control vessel movement will ensure the safety of 
persons and property at these events and help minimize the associated 
risk. In the past, the Captain of the Port has annually done separate 
temporary rulemaking for each firework event. This proposed rule merely 
consolidates past temporary rulemakings into one rulemaking, includes 
other events for the purpose of uniformity, and allows for a more 
thoughtful, timely rulemaking process. This rulemaking will create a 
permanent rule listing the safety zones for each fireworks launch 
platform used for each fireworks display.

Discussion of Proposed Rule

    The Coast Guard is proposing to establish a safety zone around all 
annual fireworks events in the Captain of the Port Milwaukee area. The 
proposed size of these safety zones was determined by using the 
National Fire Protection Association standards.
    The Coast Guard believes this proposed rule will not pose any 
additional problems for commercial vessels transiting the area. In the 
unlikely event that shipping is affected by these new regulations, 
commercial vessels may request permission from the Captain of the Port 
Milwaukee to transit through the safety zone. No commercial shipping 
lanes will be impacted as a result of this rulemaking.
    The Coast Guard will announce the exact dates and times for these 
events by publishing a Notice of Implementation in the Federal Register 
as well as in the Ninth Coast Guard District Local Notice to Mariners, 
marine information broadcasts, and, for those who request it from 
Marine Safety Office Milwaukee, by facsimile (fax).

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 on Regulatory Planning and Review 
and therefore does not require an assessment of potential costs and 
benefits under section 6(a)(3) of that order. The Office of Management 
and Budget has not reviewed this rule under that order. It is not 
significant under Department of Transportation regulatory policies and 
procedures (DOT) (44 FR 11040, February 26, 1979). If comments are 
received to indicate otherwise, the Captain of the Port may reconsider 
this determination. The Coast Guard expects the economic impact of this 
proposed rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. This determination is based on the minimal time that 
vessels will be restricted from the zone, and all of the zones are in 
areas where the Coast Guard expects insignificant adverse impact to 
mariners from the zones' activation.

Small Entities

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the Captain of the Port Milwaukee has determined that this rule 
will not have a significant impact on a substantial number of small 
entities. The term ``small entities'' comprises small businesses, not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U. S. C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This proposed rule would affect 
the following entities, some of which might be small entities: the 
owners or operators of vessels intending to transit or anchor in a 
portion of an activated safety zone. The safety zone would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons.
    The zones would be in effect for only a few hours on the day of the 
event on an annual basis. Vessel traffic can safely pass outside of 
some of the proposed safety zones during the events. Although the 
safety zones for some events would apply to the entire navigation 
channel, traffic would be allowed to pass through the safety zone with 
the permission of the Coast Guard Patrol Commander.
    Before the effective periods of the zones, the Coast Guard would 
issue a Notice of Implementation to be published in the Federal 
Register, and in the form of Maritime Broadcast Notice to Mariners, and 
upon request in printed or facsimile form, to operators of vessels who 
might be in the affected area. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), the Coast Guard wants to 
assist small entities in understanding this rule so that they can 
better evaluate its effects and participate in the rulemaking process. 
If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Marine Safety 
Office Milwaukee (see ADDRESSES.)

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental

[[Page 19146]]

Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    The Coast Guard has analyzed this proposed rule under Executive 
Order 13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This rule is not an economically significant rule and 
does not concern an environmental risk to health or risk to safety that 
may disproportionately affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph 32(g) of 
Commandant Instruction M16475.1C, this proposed rule is categorically 
excluded from further environmental documentation. A written 
categorical exclusion determination is available in the docket for 
inspection or copying where indicated under ADDRESSES.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reason discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. Add Sec. 165.909 to read as follows:


Sec. 165.909  Safety Zones; Annual Fireworks Displays in the Captain of 
the Port Milwaukee Zone

    (a) Safety zones. The following areas are designated safety zones. 
All geographic coordinates are North American Datum of 1983 (NAD83).
    (1) Pridefest Fireworks--Milwaukee, WI. (i) Location. All waters 
off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee 
Harbor from the point of origin at 43 deg.02.209' N, 087 deg.53.714' W; 
southeast to 43 deg.02.117' N, 087 deg.53.417' W; then south to 
43 deg.01.767' N, 087 deg.53.417' W; then southwest to 43 deg.01.555' 
N, 087 deg.53.772' W; then north following the shoreline back to the 
point of origin. The Harbor Island Lagoon Area is encompassed by this 
safety zone.
    (ii) Expected date and time. Second week in June; sunset to 
termination of display.
    (2) Summerfest Fireworks--Milwaukee, WI. (i) Location. All waters 
off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee 
Harbor from the point of origin at 43 deg.02.209' N, 087 deg.53.714' W; 
then southeast to 43 deg.02.117' N, 087 deg.53.417' W; then south to 
43 deg.01.767' N, 087 deg.53.417' W; then southwest to 43 deg.01.555' 
N, 087 deg.53.772' W; then north following the shoreline back to the 
point of origin. The Harbor Island Lagoon Area is encompassed by this 
safety zone.
    (ii) Expected date and time. Last week in June; sunset to 
termination of display.
    (3) Summerfest Hole-in-One Shoot/Stunt Shows. (i) Location. All 
waters of the Harbor Island Lagoon, outer Milwaukee Harbor from the 
point of origin at 43 deg.02.50' N, 087 deg.53.78' W' then west to 
43 deg.02.50' N, 087 deg.53.85' W; then following the shoreline of the 
Henry W. Maier Festival Park and Harbor Island back to the point of 
origin.
    (ii) Expected date and time. Last week in June through the first 
two weeks in July; 11:30 a.m. to 9:15 p.m.
    (4) Festa Italiana Fireworks--Milwaukee, WI. (i) Location. All 
waters off of Henry W. Maier Festival Park Harbor Island, outer 
Milwaukee Harbor from the point of origin at 43 deg.02.209' N, 
087 deg.53.714' W; then southeast to 43 deg.02.117' N, 087 deg.53.417' 
W; then south to 43 deg.01.767' N, 087 deg.53.417' W; then southwest to 
43 deg.01.555' N, 087 deg.53.772' W; then north following the shoreline 
back to the point of origin. The Harbor Island Lagoon Area is also 
included in this safety zone.
    (ii) Expected date and time. Third week in July; sunset to 
termination of display.
    (5) Germanfest Fireworks--Milwaukee, WI. (i) Location. All waters 
off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee 
Harbor from the point of origin at 43 deg.02.209' N, 087 deg.53.714' W; 
then southeast to 43 deg.02.117' N, 087 deg.53.417' W; then south to 
43 deg.01.767' N, 087 deg.53.417' W; southwest to 43 deg.01.555' N, 
087 deg.53.772' W; the north following the shoreline back to the point 
of origin. The Harbor Island Lagoon Area is encompassed by this safety 
zone.
    (ii) Expected date and time. Last full weekend in July; sunset to 
termination of display.
    (6) African World Festival--Milwaukee, WI. (i) Location. All waters 
off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee 
Harbor from the point of origin at 43 deg.02.209' N, 087 deg.53.714' W; 
then southeast to 43 deg.02.117' N, 087 deg.53.417' W; then south to 
43 deg.01.767' N, 087 deg.53.417' W; then southwest to 43 deg.01.555' 
N, 087 deg.53.772' W; then north following the shoreline back to the 
point of origin. The Harbor Island Lagoon Area is encompassed by this 
safety zone.
    (ii) Expected date and time. First week in August; sunset to 
termination of display.
    (7) Irishfest Fireworks--Milwaukee, WI. (i) Location. All waters 
off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee 
Harbor from the point of origin at 43 deg.02.209' N, 087 deg.53.714' W; 
then southeast to 43 deg.02.117' N, 087 deg.53.417' W; then south to 
43 deg.01.767' N, 087 deg.53.417' W; then southwest to 43 deg.01.555' 
N, 087 deg.53.772' W; then north following the shoreline back to the 
point of origin. The Harbor Island Lagoon Area is encompassed by this 
safety zone.
    (ii) Expected date and time. Third week in August; sunset to 
termination of display.
    (8) Mexican Fiesta Fireworks--Milwaukee, WI. (i) Location. All 
waters

[[Page 19147]]

off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee 
Harbor from the point of origin at 43 deg.02.209' N, 087 deg.53.714' W; 
then southeast to 43 deg.02.117' N, 087 deg.53.417' W; then south to 
43 deg.01.767' N, 087 deg.53.417' W; then southwest to 43 deg.01.555' 
N, 087 deg.53.772' W; then north following the shoreline back to the 
point of origin. The Harbor Island Lagoon Area is encompassed by this 
safety zone.
    (ii) Expected date and time. Last week in August; sunset to 
termination of display.
    (9) Indian Summer Fireworks--Milwaukee, WI. (i) Location. All 
waters off of Henry W. Maier Festival Park Harbor Island, outer 
Milwaukee Harbor from the point of origin at 43 deg.02.209' N, 
087 deg.53.714' W; then southeast to 43 deg.02.117' N, 087 deg.53.417' 
W; then south to 43 deg.01.767' N, 087 deg.53.417' W; then southwest to 
43 deg.01.555' N, 087 deg.53.772' W; then north following the shoreline 
back to the point of origin. The Harbor Island Lagoon Area is 
encompassed by this safety zone.
    (ii) Expected date and time. First week in September; sunset to 
termination of display.
    (10) Arabianfest Fireworks--Milwaukee, WI. (i) Location. All waters 
off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee 
Harbor from the point of origin at 43 deg.02.209' N, 087 deg.53.714' W; 
then southeast to 43 deg.02.117' N, 087 deg.53.417' W; then south to 
43 deg.01.767' N, 087 deg.53.417' W; then southwest to 43 deg.01.555' 
N, 087 deg.53.772' W; then north following the shoreline back to the 
point of origin. The Harbor Island Lagoon Area is encompassed by this 
safety zone.
    (ii) Expected date and time. Second week in September; sunset to 
termination of display.
    (11) St. Patrick's Day Fireworks--Manitowoc. (i) Location. All 
waters and adjacent shoreline across from the World War II U.S. Cobia 
submarine, Manitowoc River encompassed by the arc of a circle with a 
70-foot radius with its center in approximate position 44 deg.05.30' N, 
087 deg.39.15' W.
    (ii) Expected date and time. Third week in March; sunset to 
termination of display.
    (12) Rockets for Schools--Sheboygan, WI. (i) Location. All waters 
and adjacent shoreline around the south breakwall area, Lake Michigan 
encompassed by the arc of a circle with a 1260-foot radius with its 
center in the approximate position 43 deg.44.56' N, 087 deg.42.06' W. 
This zone will encompass the entrance to Sheboygan Harbor and will 
result in its closure while the safety zone is in effect.
    (ii) Expected date and time. Second weekend in May; sunset to 
termination of display.
    (13) City of Sheboygan Fourth of July Fireworks. (i) Location. All 
waters and adjacent shoreline of Lake Michigan encompassed by the arc 
of a circle with an 840-foot radius with its center in the approximate 
position 43 deg.44.48' N, 087 deg.42.14' W . This zone will encompass 
the entrance to Sheboygan Harbor and will result in its closure while 
the safety zone is in effect.
    (ii) Expected date and time. First week in July; sunset to 
termination of display.
    (14) City of Kenosha Fourth of July Fireworks. (i) Location. All 
waters and adjacent shoreline around the South Pier Light area, Lake 
Michigan encompassed by the arc of a circle with an 840-foot radius 
with its center in approximate position 42 deg.35.17' N, 087 deg.48.33' 
W. This safety zone will encompass the entrance to Kenosha Harbor and 
will result in its closure while the safety zone is in effect.
    (ii) Expected date and time. First week in July; sunset to 
termination of display.
    (15) Firstar Fireworks--Milwaukee, WI. (i) Location. All waters and 
adjacent shoreline south of Juneau Park, outer Milwaukee Harbor 
encompassed by the arc of a circle with an 840-foot radius of the 
fireworks barge in approximate position 43 deg.02.23' N, 087 deg.53.30' 
W.
    (ii) Expected date and time. First week in July; sunset to 
termination of display.
    (16) Marinettefest Fireworks. (i) Location. All waters between the 
U.S. 41 Interstate Bridge (mile marker 1.88) and the NEW Hydro Inc. Dam 
(mile marker 2.45) on the Menominee River. This safety zone includes 
all adjacent shoreline between the bridge and the dam.
    (ii) Expected date and time. First week in July; sunset to 
termination of display.
    (17) Riversplash Fireworks--Milwaukee, WI. (i) Location. All waters 
and adjacent shoreline east of Pere Marquette Park, Milwaukee River 
encompassed by the arc of a circle with a 210-foot radius of the 
fireworks barge in approximate position 43 deg.02.33' N, 087 deg.54.46' 
W. This safety zone will temporarily close down the Milwaukee River.
    (ii) Expected date and time. First week in July; sunset to 
termination of display.
    (18) Manitowoc Municipal Fourth of July Fireworks. (i) Primary 
location. All waters and adjacent shoreline east of the Manitowoc Yacht 
Club, Lake Michigan encompassed by the arc of a circle with an 840-foot 
radius of the fireworks barge in approximate position 44 deg.06.05' N, 
087 deg.38.37' W.
    (ii) Alternate location. All waters and the adjacent shoreline 
encompassed by the arc of a circle with a 420-foot radius of the 
fireworks barge with its center in approximate position 44 deg.05.33' 
N, 087 deg.39.00' W. If display is moved to secondary site, it will 
temporarily close entrance to Manitowoc Harbor.
    (iii) Expected Date and Time. First week in July; sunset to 
termination of display.
    (19) Fourthfest of Greater Racine. (i) Primary location. All waters 
and adjacent shoreline around the north breakwall, Lake Michigan 
encompassed by the arc of a circle with a 560-foot radius with its 
center in approximate position 42 deg.44.14' N, 087 deg.46.30' W.
    (ii) Alternate location. All waters and adjacent shoreline 
encompassed by the arc of a circle with a 560-foot radius with its 
center in approximate position 42 deg.44.21' N, 087 deg.46.45' W. (This 
point is on the beach north of the northern breakwall).
    (iii) Expected date and time. First week in July; sunset to 
termination of display.
    (20) Celebrate Amerifest--Green Bay, WI. (i) Location. All waters 
and adjacent shoreline between the Green Bay and Western Railroad 
Bridge (mile marker 1.03) and the Mason St. Bridge (mile marker 3.52) 
on the Fox River. This safety zone will temporarily close the Fox 
River. This safety zone does not encompass the water of the East River.
    (ii) Expected date and time. First week in July; 2 p.m. to 11 p.m.
    (21) South Shore Frolics Fireworks--Milwaukee, WI. (i) Location. 
All waters and adjacent shoreline east of South Shore Park, Milwaukee 
Harbor encompassed by the arc of a circle with a 280-foot radius with 
its center in approximate position 42 deg.59.43' N, 087 deg.52.54' W.
    (ii) Expected date and time. Second week in July; sunset to 
termination of display.
    (22) Kewaunee Annual Trout Festival. (i) Location. All waters and 
adjacent shoreline around the south breakwall area, Lake Michigan 
encompassed by the arc of a circle with a 560-foot radius with its 
center in approximate position 44 deg.27.30' N, 087 deg.29.46' W. This 
safety zone will temporarily close the entrance to Kewaunee Harbor.
    (ii) Expected time and date. Third weekend in July; sunset to 
termination of display.
    (23) Port Washington Fish Days Fireworks. (i) Location. All waters 
and adjacent shoreline around the Wisconsin Electric Coal Dock, Lake

[[Page 19148]]

Michigan encompassed by the arc of a circle with an 840-foot radius 
with its center in approximate position 43 deg.23.07' N, 087 deg.51.55' 
W. This safety zone will temporarily close the entrance to Port 
Washington Harbor.
    (ii) Expected date and time. Third week in July; sunset to 
termination of display.
    (24) Menominee Waterfront Festival. (i) Location. All waters and 
adjacent shoreline off the southeast side of the Menominee Municipal 
Marina, Lake Michigan encompassed by the arc of a circle with an 840-
foot radius of the fireworks launch platform with its center in 
approximate position 45 deg.20.05' N, 087 deg.36.49' W.
    (ii) Expected date and time. The Saturday following the first 
Thursday in August; sunset to termination of display.
    (25) Sturgeon Bay Venetian Night Fireworks. (i) Location. All 
waters and adjacent shoreline off the Sturgeon Bay Yacht Club, Sturgeon 
Bay Canal encompassed by the arc of a circle with a 350-foot radius of 
the fireworks launch platform with its center in approximate position 
44 deg.49.33' N, 087 deg.23.27' W. This safety zone will temporarily 
close down the Sturgeon Bay Canal.
    (ii) Expected date and time. First weekend in August; 10 a.m. to 
termination of fireworks display.
    (26) Algoma Shanty Days Fireworks. (i) Primary location. All waters 
and adjacent shoreline around the south breakwall area, Lake Michigan 
encompassed by the arc of a circle with a 560-foot radius with its 
center in approximate position 44 deg.36.22' N, 087 deg.25.55' W 
forming the primary site.
    (ii) Alternate location. All waters and adjacent shoreline 
encompassed by the arc of a circle with a 560-foot radius with its 
center in approximate position 44 deg.36.28' N, 087 deg.25.54' W. If 
the display is moved to secondary site, the safety zone will 
temporarily close entrance to Algoma Harbor.
    (iii) Expected time and date. Second week in August; sunset to 
termination of display.
    (27) Sister Bay MarinaFest--Sister Bay. (i) Location. All waters 
and adjacent shoreline off the town of Sister Bay, Lake Michigan 
encompassed by the arc of a circle with a 560-foot radius of the 
fireworks launch platform with its center in approximate position 
45 deg.10.60' N, 087 deg.06.60' W.
    (ii) Expected date and time. First week in September; sunset to 
termination of display.
    (28) Milwaukee River Challenge--Milwaukee, WI. (i) Location. All 
waters and adjacent shoreline between the Humboldt Ave. Bridge (mile 
marker 3.22) and E. Chicago St. (mile marker 1.08) on the Milwaukee 
River. This safety zone will temporarily close the Milwaukee River for 
crew boat races.
    (ii) Expected date and time. Third week in September; 10 a.m. to 5 
p.m.
    (29) Sheboygan South High School Homecoming Fireworks. (i) 
Location. All waters and adjacent shoreline around the south breakwall 
area, Lake Michigan encompassed by the arc of a circle with a 420-foot 
radius with its center in approximate position 43 deg.44.57' N, 
087 deg.42.13' W. This safety zone will temporarily close the entrance 
to Sheboygan Harbor.
    (ii) Expected date and time. One day in the first two weeks in 
October; sunset to termination of display.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. 
Coast Guard vessel via siren, radio, flashing light, or other means, 
the operator shall proceed as directed. U.S. Coast Guard Auxiliary, 
representatives of the event organizer, and local or state officials 
may be present to inform vessel operators of this regulation and other 
applicable laws.
    (3) In cases where shipping is affected, commercial vessels may 
request permission from the Captain of the Port Milwaukee to transit 
the safety zone. Approval in such cases will be case-by-case. Requests 
must be made in advance and approved by the Captain of the Port before 
transits will be authorized. The Captain of the Port may be contacted 
via U.S. Coast Guard Group Milwaukee on Channel 16, VHF-FM.
    (c) Captain of the Port Milwaukee will announce the exact time and 
location of the annual events listed in this regulation by Notice of 
Implementation, Broadcast Local Notice to Mariners, or any other means 
deemed appropriate.

    Dated: April 1, 2002.
M.R. DeVries,
Commander, U.S. Coast Guard, Captain of the Port, Milwaukee.
[FR Doc. 02-9417 Filed 4-17-02; 8:45 am]
BILLING CODE 4910-15-U