[Federal Register Volume 67, Number 128 (Wednesday, July 3, 2002)]
[Rules and Regulations]
[Pages 44558-44562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16749]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-003]
RIN 2115-AA97


Safety Zone; Annual Fireworks Events in the Captain of the Port 
Milwaukee Zone

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing safety zones for annual 
fireworks displays located in the Captain of the Port Milwaukee Zone. 
This action provides for the safety of life and property on navigable 
waters during each event. This action restricts vessel traffic in a 
portion of the Captain of the Port Milwaukee Zone during the 
enforcement periods.

DATES: This rule is effective on July 3, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD09-02-003 and are available for inspection or 
copying at, U.S. Coast Guard, Marine Safety Office Milwaukee, 2420 S. 
Lincoln Memorial Drive, Milwaukee, WI 53207 between 7 a.m. and 3:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marine Science Technician Chief, Dave 
McClintock, U.S. Coast Guard Marine Safety Office Milwaukee, at (414) 
747-7155.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 18, 2002, we published a notice of proposed rulemaking 
(NPRM)

[[Page 44559]]

entitled Safety Zone; Captain of the Port Milwaukee Zone in the Federal 
Register (67 FR 19144). We received no letters commenting on the 
proposed rule. No public hearing was requested, and none was held.
    The Coast Guard is establishing 29 permanent safety zones that will 
be enforced during fireworks displays occurring annually at the same 
location. The 29 locations are the Henry W. Maier Festival Park Harbor 
Island, Outer Milwaukee Harbor, Lake Michigan; 80 feet east of the 
Annheuser Busch grain elevator, Manitowoc River; 100 feet out on the 
South Pier, Sheboygan Harbor, Sheboygan River, and Lake Michigan; C 
Reiss Coal Co. Beach, Lake Michigan and Sheboygan River; Wolfen Buttel 
Park, Lake Michigan and Kenosha Harbor entrance; Veterans Park, outer 
Milwaukee Harbor, Lake Michigan; Stephenson Island, Menominee River; 
150 feet off Pere Marquette Park, Milwaukee River; 1000 feet east of 
Manitowoc Yacht Club, Lake Michigan; north breakwall at the elbow, 
Racine Harbor and Lake Michigan; Leichts Park and the Western Lime 
Corp. & Leichts Transfer Storage Companies private property, Fox River; 
Henry W. Maier Festival Park Harbor Island Lagoon, outer Milwaukee 
Harbor, Lake Michigan; South Shore Park, Lake Michigan; South Pier, 
Kewaunee Harbor and Lake Michigan; Wisconsin Electric Coal Dock, Port 
Washington Harbor, Lake Michigan; 1000 feet off Menominee Marina, Lake 
Michigan; 360 feet off Sturgeon Bay Yacht Harbor, Sturgeon Bay Canal; 
South breakwall at the second elbow, Algoma Harbor and Lake Michigan; 
560 feet off Sister Municipal Marina, Lake Michigan; between East 
Chicago St. and Humboldt Ave, Milwaukee River; and 500 feet out on the 
South Pier, Sheboygan Harbor and Lake Michigan.
    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 around the fireworks launch 
platforms will help ensure the safety of persons and property at these 
events and help minimize the associated risk. Under 5 U.S.C. 553(d)(3), 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register.

Discussion of Comments and Changes

    MSO Milwaukee received no comments or related information 
pertaining to this rulemaking.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and 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 it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of commercial vessels 
intending to transit a portion of an activated safety zone.
    These safety zones would not have a significant economic impact on 
these small entities for the following reasons: The safety zone is only 
in effect for a few hours on the day of the event on an annual basis. 
Vessel traffic can safely pass outside the safety zones during the 
events. In cases where traffic congestion is greater than expected and 
blocks shipping channels, traffic may be allowed to pass through the 
safety zone under Coast Guard escort with the permission of the Captain 
of the Port Milwaukee.
    Before the effective period, the Coast Guard will issue maritime 
advisories widely available to users who might be in the affected area 
by publication in the Federal Register and the Ninth Coast Guard 
District Local Notice to Mariners Marine information broadcasts and 
facsimile broadcasts may also be made. Additionally, the Coast Guard 
has not received any negative reports from small entities affected 
during these displays in previous years.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want 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).
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have

[[Page 44560]]

taking implications under Executive Order 12630, Governmental Actions 
and Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This 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

    We have analyzed this 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation.
    A ``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 reasons discussed in the preamble, the Coast Guard amends 
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 events in the Captain of 
the Port Milwaukee Zone.

    (a) Safety zones. The following areas are designated safety zones:
    (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 (NAD 83). 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 encompassed by a line drawn 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 (NAD 
83). 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. All geographic coordinates are 
North American Datum of 1983 (NAD 83).
    (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 (NAD 83). 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; then north 
following the shoreline back to the point of origin (NAD 83). The 
Harbor Island Lagoon Area is encompassed by this safety zone.
    (ii) Expected date and time. Last week 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 (NAD 83). 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 (NAD 83). The 
Harbor Island

[[Page 44561]]

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 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 (NAD 83). 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 (NAD 83). 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 (NAD 83). 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 (NAD 1983).
    (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 (NAD 1983). 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 
(NAD 1983). 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 (NAD 1983). 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) U.S. Bank (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 (NAD 1983).
    (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 (NAD 1983). (This safety zone will 
temporarily close down the Milwaukee River.)
    (ii) Expected date and time. First week in June; 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 (NAD 1983).
    (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 (NAD 1983). 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 (NAD 1983).
    (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 (NAD 
1983) (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 & Western Railroad Bridge (mile marker 1.03) and the Mason St. 
Bridge (mile marker 3.52) on the Fox River. This safety 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

[[Page 44562]]

with its center in approximate position 42 deg.59.43' N, 087 deg.52.54' 
W (NAD 1983).
    (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 (NAD 1983). 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 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 (NAD 1983). 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 (NAD 1983).
    (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 (NAD 1983). 
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 (NAD 1893) 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 (NAD 
1983). If display is moved to secondary site, it 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 (NAD 1983).
    (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 (NAD 1983). 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.
    (3) The safety zones in this regulation are outside navigation 
channels and will not adversely affect shipping. In cases where 
shipping is affected, commercial vessels may request permission from 
the Captain of the Port Milwaukee to transit the safety zone. Approval 
will be made on a case-by-case basis. 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) Enforcement period. The Captain of the Port Milwaukee will 
publish at least 10 days in advance a Notice in the Federal Register as 
well as in the Ninth Coast Guard District Local Notice to Mariners the 
dates and times this section will be enforced.

    Dated: June 24, 2002.
M.R. DeVries,
Commander, Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 02-16749 Filed 7-2-02; 8:45 am]
BILLING CODE 4910-15-P