Special Local Regulations; Great Lakes Annual Marine Events

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 09-95-005]

Special Local Regulations; Great Lakes Annual Marine Events

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising its list of annual marine events

which occur within the Ninth Coast Guard District. Publication of this

list in part 100 of the Code of Federal Regulations will establish

permanent special local regulations for marine events within the Ninth

Coast Guard District which recur on an annual basis and which have been

determined by the District Commander to require the issuance of special

local regulations. This action is being taken to ensure the safety of

life, limb and property during each event, while avoiding the necessity

of publishing a separate temporary regulation each year for each event.

The list reflects the approximate dates and locations of each annual

marine event.

EFFECTIVE DATE: This regulation is effective September 27, 1995.

FOR FURTHER INFORMATION CONTACT: Marine Science Technician Second Class

Jeffrey M. Yunker, Ninth Coast Guard District, Aids to Navigation and

Waterways Management Branch, 1240 East Ninth Street, Cleveland, Ohio,

44199-2060, (216) 522-3990.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of these regulations are Lieutenant Junior Grade Byron

D. Willeford, Ninth Coast Guard District, project officer, Aids to

Navigation and Waterway Management Branch and Lieutenant Charles D.

Dahill, Ninth Coast Guard District, project attorney, Legal Office.

Regulatory History

On June 21, 1995, the Coast Guard published a notice of proposed

rulemaking entitled Special Local Regulations; Great Lakes Annual

Marine Events in the Federal Register (60 FR 32288). The deadline for

the submission of comments was August 7, 1995. The Coast Guard received

no letters commenting on the proposal. A public hearing was not

requested and one was not held. The Commander Ninth Coast Guard

District has decided to publish the final rule as proposed.

Background and Purpose

This rulemaking updates an existing list of anticipated annual

events. Each year various public and private organizations sponsor

marine events on the navigable waters of the United States within the

Ninth Coast Guard District. These events include slow moving boat

parades, sailboat races, high speed hydroplane races, fireworks

displays, and other water related events. The listed events are held in

approximately the same location during the same general period of time

each year. Exact times and dates will be published in the Local Notice

to Mariners instead of being published in this final rule. This will

streamline the marine event process for those regattas and marine

events that have very little annual variation and will significantly

reduce the Coast Guard's administrative burden for managing these type

events with no reduction in services to the maritime community. The

nature of each event is such that special local regulations are deemed

necessary to ensure the safety of life, limb, and property on and

adjacent to navigable waters during the events. Group Commanders have

consulted and will continue to consult with parties potentially

affected by any significant changes to the nature, date, time, and

location proposed by an event sponsor for any of the events covered in

this rule.

Table 1 gives the approximate dates, times, and locations for the

annual events listed. Each year, one or more Local Notice to Mariners

will be published giving the exact dates, times, and locations for the

annual events. It should be noted that Table 1 in the regulation is not

a complete list of all marine events that will occur in the Ninth Coast

Guard District. It does not include events which the District Commander

has determined do not require establishment of regulations for the

safety of life, limb, and property on or adjacent to navigable waters.

It also does not include nonannual events or events which have not been

scheduled in time for this publication.

Federalism Implications

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the rulemaking does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard is simply revising its list of annual marine

events. The listing itself will not affect the environment. Upon

receipt of applications, the Coast Guard will conduct an environmental

analysis for each event in accordance with section 2.B.2.c of Coast

Guard Commandant Instruction M16475.1B, and the Coast Guard Notice of

final agency procedures and policy for categorical exclusions found at

59 FR 38654 (July 29, 1994).

Economic Assessment and Certification

These regulations are not a significant regulatory action under

section 3(f) of Executive Order 12866 and do not require an assessment

of potential costs and benefits under section 6(a)(3) of that order.

They have been exempted from review by the Office of Management and

Budget under that order. They are not significant under the regulatory

policies and procedures of the Department of Transportation (DOT) (44

FR 11040; February 26, 1979). The Coast Guard expects the economic

impact of these regulations to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the regulatory policies and

procedures of the DOT is unnecessary.

Collection of Information

These regulations will impose no collection information

requirements under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

Final Regulations

In consideration of the foregoing, the Coast Guard is amending Part

100 of

[[Page 44425]]

Title 33, Code of Federal Regulations, as follows:

PART 100--[AMENDED]

1. The authority citation for Part 100 continues to read as

follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

2. Section 100.901 is amended by revising Table 1 to read as

follows:

Sec. 100.901 Great Lakes Annual Marine Events.

* * * * *

Table 1

Group Buffalo, NY

Fireworks by Grucci

Sponsor: New York Power Authority

Date: Last Weekend of July

Location: Lake Ontario, Wright's Landing/Oswego Harbor, NY within

an 800-foot radius of the fireworks launching platform located in

approximate position 43 deg.28'10'' N 076 deg.31'04'' W. (NAD 83).

Flagship International Kilo Speed Challenge

Sponsor: Presque Isle Powerboat Racing Association

Date: 3rd or 4th weekend of June

Location: That portion of Lake Erie, Presque Isle Bay, south of a

line drawn from 42 deg.08'54'' N, 080 deg.05'42'' W; to 42 deg.07' N

080 deg.21' W will be a regulated area. That portion of Lake Erie,

Presque Isle Bay, north of a line drawn from 42 deg.08'54'' N

080 deg.05'42'' W; to 42 deg.07' N 080 deg.21' W (NAD 83) will be a

``caution area''. All vessels transiting the caution area will be

operated at bare steerageway, keeping the vessel's wake at a minimum,

and will exercise a high degree of caution in the area. The bay

entrance will not be affected.

Flagship International Offshore Challenge

Sponsor: Preque Isle Powerboat Racing Association

Date: 3rd or 4th weekend of June

Location: That portion of Lake Erie, Presque Isle Bay, Entrance

Channel, and the enclosed area from Erie Harbor Pier Head Light (LLNR

3430) northeast to 42 deg.12'48'' N 079 deg.57'24'' W (NAD 83), thence

south to shore just east of Shades Beach.

Friendship Festival Airshow

Sponsor: Friendship Festival

Date: 4th of July holiday

Location: That portion of the Niagara River and Buffalo Harbor

from:

Latitude Longitude

42 deg.54.4' N 078 deg.54.1' W, thence to

42 deg.54.4' N 078 deg.54.4' W, thence along the

International Border to

42 deg.52.9' N 078 deg.54.9' W, thence to

42 deg.52.5' N 078 deg.54.3' W, thence to

42 deg.52.7' N 078 deg.53.9' W, thence to

42 deg.52.8' N 078 deg.53.8' W, thence to

42 deg.53.1' N 078 deg.53.6' W, thence to

42 deg.53.2' N 078 deg.53.6' W, thence to

42 deg.53.3' N 078 deg.53.7' W, thence along the

breakwall to

42 deg.54.4' N 078 deg.54.1' W.

(NAD 83).

Geneva Offshore Grand Prix

Sponsor: Great Lakes Offshore Powerboat Racing Association

Date: 3rd or 4th weekend of May

Location: That portion of Lake Erie from:

Latitude Longitude

41 deg.51.5' N 080 deg.58.2' W, thence to

41 deg.52.4' N 080 deg.53.4' W, thence to

41 deg.53' N 080 deg.53.4' W, thence to

41 deg.52.2' N 080 deg.58.2' W, thence to

41 deg.51.5' N 080 deg.58.2' W.

(NAD 83).

Sodus Bay 4th of July Fireworks

Sponsor: Sodus Bay Historical Society

Date: 4th of July holiday

Location: Lake Ontario, within a 500 foot radius around a barge

anchored in approximate position 43 deg.15.73' N 076 deg.58.23' W (NAD

83), in Sodus Bay.

Tallship Erie

Sponsor: Erie Maritime Programs, Inc.

Date: 1st or 2nd weekend of July

Location: That portion of Lake Erie, Presque Isle Bay Entrance

Channel and Presque Isle Bay from:

Latitude Longitude

42 deg.10' N 080 deg.03' W, thence to

42 deg.08.1' N 080 deg.07' W, thence to

42 deg.07.9' N 080 deg.06.8' W, thence east along

the shoreline and structures to:

42 deg.09.2' N 080 deg.02.6' W, thence to

42 deg.10' N 080 deg.03' W.

(NAD 83).

Thomas Graves Memorial Fireworks Display

Sponsor: Port Bay Improvement Association

Date: 1st or 2nd weekend of July

Location: That portion of Lake Ontario, Port Bay Harbor, NY within

a 500 foot radius surrounding a barge anchored in approximate position

43 deg.17'46'' N. 076 deg.50'02'' W. (NAD 83).

Thunder Island Offshore Challenge

Sponsor: Thunder on the Water Inc.

Date: 3rd or 4th weekend of June

Location: That portion of Lake Ontario, Oswego Harbor from the West

Pier Head Light (LLNR 2080) north to:

Latitude Longitude

43 deg.29'02'' N 076 deg.32'04'' W, thence to

43 deg.26'18'' N 076 deg.39'30'' W, thence to

43 deg.24'55'' N 076 deg.37'45'' W, thence along the

shoreline to the West Pier Head

Light (LLNR 2080). (NAD 83).

We Love Erie Days Fireworks

Sponsor: We Love Erie Days Festival, Inc.

Date: 3rd weekend of August

Location: That portion of Lake Erie, Erie Harbor, within a 900 foot

radius, surrounding the Erie Sand and Gravel Pier, located in position

42 deg.08'16'' N 080 deg.05'40'' W. (NAD 83).

Group Detroit, MI

Bay City Fireworks Display

Sponsor: Bay City Fraternal Order of Police, Lodge 103

Date: 4th of July holiday

Location: Saginaw River, from the Veterans Memorial Bridge to

approximately 1000 yards south to the River Walk Pier, near Bay City,

MI.

Detroit APBA Gold Cup Race

Sponsor: Spirit of Detroit Association

Date: 1st or 2nd weekend of June

Location: Detroit River, between Belle Isle and the U.S. shoreline,

near Detroit, MI. Bound on the west by the Belle Isle Bridge and on the

east by a north-south line drawn through the Waterworks Intake Crib

Light (LLNR 1022).

Buick Watersports Weekend

Sponsor: Adore Ltd. and APBA

Date: 3rd or 4th weekend of July

Location: That portion of the Saginaw River from the Liberty Bridge

on the north to the Veterans Memorial Bridge on the south, near Bay

City, MI.

Cleveland Charity Classic

Sponsor: Lake Erie Offshore Racing, Ltd.

Date: 3rd or 4th weekend of July

[[Page 44426]]

Location: That portion of Lake Erie, Cleveland Harbor from the

Cleveland Waterworks Intake Crib Light (LLNR 4030) to:

Latitude Longitude

41 deg.30.7' N 081 deg.43.1' W, (West Pierhead

Light, LLNR 4160), thence along

the breakwater to,

41 deg.30.4' N 081 deg.42.9' W, (West Breakwater

Light, LLNR 4175), thence to,

41 deg.30.2' N 081 deg.42.8' W, (West Pier Light,

LLNR 4185), thence along the

shoreline and structures to,

41 deg.32.5' N 081 deg.38.3' W, (Disposal Light B,

LLNR 4045), thence to,

41 deg.33' N 081 deg.45' W, (Cleveland

Waterworks Intake Crib Light LLNR

4030). (NAD 83).

Cleveland National Air Show

Sponsor: Cleveland National Air Show

Date: Labor Day Weekend

Location: That portion of Lake Erie and Cleveland Harbor (near

Burke Lakefront Airport) from shore position 41 deg.31'52'' N

081 deg.39'17.5'' W, northwest to 41 deg.32'19'' N 081 deg.39'42.3'' W,

then southwest to the East Pierhead Light (LLNR 4075), thence southeast

on a bearing of 145 degrees true to shore. (NAD 83).

Cleveland Offshore Grand Prix

Sponsor: Great Lakes Offshore Powerboat Racing Association

Date: 1st or 2nd weekend of August

Location: That portion of Lake Erie, Cleveland Harbor from the

Cleveland Waterworks Intake Crib Light (LLNR 4030) to:

Latitude Longitude

41 deg.30.7' N 081 deg.43.1' W, (West Pierhead

Light, LLNR 4160), thence along

the breakwater to,

41 deg.30.4' N 081 deg.42.9' W, (West Breakwater

Light, LLNR 4175), thence to,

41 deg.30.2' N 081 deg.42.8' W, (West Pier Light,

LLNR 4185), thence along the

shoreline and structures to,

41 deg.32.5' N 081 deg.38.3' W, (Disposal Light B,

LLNR 4045), thence to,

41 deg.33' N 081 deg.45' W, (Cleveland

Waterworks Intake Crib Light LLNR

4030) (NAD 83).

Flatsfest

Sponsor: Flats Riverfest Corporation

Date: 3rd or 4th weekend of July

Location: Cuyahoga River, Conrail Railroad Bridge at Mile 0.8 above

the mouth of the river to the Eagle Avenue Bridge, near Cleveland, OH.

International Bay City River Roar

Sponsor: Bay City River Roar, Inc.

Date: 3rd or 4th weekend of June

Location: That portion of the Saginaw River from the Liberty Bridge

on the north to the Veterans Memorial Bridge on the south, near Bay

City, MI

International Freedom Festival Fireworks

Sponsor: Detroit Renaissance Foundation

Date: 3rd or 4th week of June

Location: The Detroit River between 083 deg.03' W (Cobo Hall) and

083 deg.01'27'' W (NAD 83) (Huron Cement).

International Freedom Festival Tug Across the River

Sponsor: Detroit Renaissance Foundation

Date: 3rd or 4th week of June

Location: That portion of the Detroit River bounded on the south by

the International Boundary, on the west by 083 deg.03' W, on the east

by 083 deg.02' W (NAD 83) and on the north by the U.S. shoreline.

Port Clinton Offshore Grand Prix

Sponsor: Great Lakes Offshore Powerboat Racing Association

Date: 1st or 2nd weekend of July

Location: That portion of western Lake Erie:

Latitude Longitude

41 deg.31.2' N 082 deg.56.1' W, thence along the

shoreline and structures to

41 deg.33.3' N 082 deg.51.3' W, thence to

41 deg.33.3' N 082 deg.52.8' W, thence to

41 deg.31.2' N 082 deg.56.1' W.

(NAD 83).

Port Huron to Mackinac Island Race

Sponsor: Bayview Yacht Club

Date: 2nd or 3rd weekend of July

Location: That portion of the Black River, St. Clair river, and

Lower Lake Huron from:

Latitude Longitude

42 deg.58.8' N 082 deg.26' W, to

42 deg.58.4' N 082 deg.24.8' W, thence northward

along the International Boundary

to

43 deg.02.8' N 082 deg.23.8' W, to

43 deg.02.8' N 082 deg.26.8' W, thence southward

along the U.S. shoreline to

42 deg.58.9' N 082 deg.26' W, thence to

42 deg.58.8' N 082'26' W.

(NAD 83).

Thunder on the River Hydroplane Race

Sponsor: Toledo Prop Spinners

Date: 3rd or 4th weekend of August

Location: Maumee River, between the Martin Luther King and Anthony

Wayne bridges, near Toledo, OH

Toledo 4th of July Fireworks

Sponsor: City of Toledo

Date: 4th of July holiday

Location: Maumee River, between the Martin Luther King and Anthony

Wayne bridges, near Toledo, OH

Toledo Labor Day Fireworks

Sponsor: Reams Broadcasting Corporation

Date: Labor Day

Location: Maumee River, between the Martin Luther King and Anthony

Wayne bridges, near Toledo, OH

Group Sault Ste. Marie, MI

Bridgefest Regatta

Sponsor: Bridgefest Committee

Date: 2nd weekend of June

Location: Keweenaw Waterway, from the Houghton Hancock Lift Bridge

to 100 yards west of the bridge, near Houghton, MI

Duluth Fourth Fest Fireworks

Sponsor: Office of the Mayor, Duluth, MN

Date: 4th of July Holiday

Location: That portion of the Duluth Harbor Basin Northern Section

bounded on the south by a line drawn on a bearing of 087 deg. true from

the Cargill Pier through Duluth Basin Lighted Buoy #5 (LLNR 15905) to

the opposite shore on the north by the Duluth Aerial Bridge. That

portion of Duluth Harbor Basin Northern Section within 600 yards of

position 46 deg.46'47'' N 092 deg.06'10'' W. (NAD 83).

July 4th Fireworks

Sponsor: City of Sault Ste Marie, MI

Date: 4th of July holiday

Location: That portion of the St. Marys River, Sault Ste. Marie, MI

within a 1000 foot radius of Brady Park, located on the south shore of

the river. These waters are enclosed by the Locks to the west and to

the east from a line drawn from the pier light of the east center pier

to the

[[Page 44427]]

U.S. Coast Guard Base to the southeast.

National Cherry Festival Blue Angels Air Demonstration

Sponsor: National Cherry Festival Inc.

Date: 1st week of July

Location: That portion of the Western arm of the Grand Traverse

Bay, Traverse City, MI, enclosed by straight lines connecting the

following geographic coordinates:

Latitude Longitude

44 deg.46.8' N 085 deg.38.3' W, to

44 deg.46.5' N 085 deg.35.5' W, to

44 deg.46' N 085 deg.35.8' W to

44 deg.46.5' N 085 deg.38.5' W, thence to

44 deg.46.8' N 085 deg.38.3' W.

(NAD 83).

Venetian Festival Yacht Parade

Sponsor: Charlevoix Chamber of Commerce

Date: 3rd or 4th weekend of July

Location: That portion of the upper and lower section of the Pine

River, to include Round Lake, from:

Latitude Longitude

45 deg.19.3' N 085 deg.15.9' W, (North Pierhead

Light, LLNR 17920) thence to,

45 deg.18.9' N 085 deg.14.7' W, (Pine River Light

3, LLNR 17945) thence to,

45 deg.18.8' N 085 deg.14.7' W, (Pine River

Channel Lighted Buoy 2, LLNR

17950) thence to,

45 deg.19' N 085 deg.15.9' W, (South Pierhead

Light, LLNR 17925) thence to,

45 deg.19.3' N 085 deg.15.9' W, (NAD 02).

Group Grand Haven, MI

Coast Guard Festival Fireworks

Sponsor: Grand Haven Coast Guard Festival, Inc.

Date: 1st weekend of August

Location: That portion of the Grand River, Grand Haven, MI, from a

north-south line drawn from the North Pierhead Light Number 1 (LLNR

18045) on the north to the South Pierhead Entrance Light (LLNR 18035)

on the south, thence down river to the US 31 Bascule Bridge (mile

2.89).

Grand Haven Area Jaycees Annual 4th of July Fireworks Display

Sponsor: Grand Haven Area Jaycees

Date: 1st week of July

Location: That portion of the Grand River, Grand Haven, MI from the

pier heads (mile 0.0) to the US 31 Bascule Bridge (mile 2.89).

Tulip Time Fireworks and Water Ski Show

Sponsor: Holland Tulip Time Festival Inc.

Date: 1st weekend of May

Location: That portion of Lake Macatawa, Holland Harbor, east of a

north-south line, from shore to shore, at position 086 deg.08' W. (NAD

83).

Tulip Time Water Ski Show

Sponsor: Holland Tulip Time Festival Inc.

Date: 2nd weekend of May

Location: That portion of Lake Macatawa, Holland Harbor, east of a

north-south line, from shore to shore, at position 086 deg.08' W. (NAD

83).

Waves of Thunder Offshore Race

Sponsor: Michigan Offshore Powerboat Racing Association

Date: 3rd weekend of June

Location: That portion of Lake Michigan, from the South Pierhead

Light (LLNR 18520) south along the shoreline to:

Latitude Longitude

42 deg.19' N 086 deg.19.3' W, thence to,

42 deg.19.5' N 086 deg.19.8' W, thence to,

42 deg.23.9' N 086 deg.18.7' W, thence to,

42 deg.23.9' N 086 deg.17' W.

(NAD 83).

West Michigan Offshore Powerboat Challenge

Sponsor: Michigan Offshore Powerboat Racing Association

Date: 1st or 2nd weekend of September

Location: That portion of Lake Michigan from:

Latitude Longitude

43 deg.03.4' N 086 deg.15.3' W (Grand Haven South

Pierhead Entrance Light, LLNR

18965), thence along the

breakwater and shoreline to

42 deg.54.8' N 086 deg.13' W, thence to,

42 deg.54.8' N 086 deg.15.7' W, thence to,

43 deg.03.4' N 086 deg.15.7' W, thence to

43 deg.03.4' N 086 deg.15.3' W (Grand Haven South

Pierhead Entrance Light, LLNR

18965). (NAD 83).

Group Milwaukee, WI

Chicago Air and Water Show

Sponsor: Chicago Park District

Date: 3rd or 4th weekend of August

Location: That portion of Lake Michigan from 41 deg.55'54'' N at

the shoreline, then east to a point at 41 deg.55'54'' N 87 deg.37'12''

W, thence southeast to a point at 41 deg.54' N 87 deg.36' W, (NAD 83)

then a line drawn southwestward to the northeast corner of the Central

District Filtration Plant Breakwall, thence due west to shore.

Festa Italiana

Sponsor: The Italian Community Center

Date: 3rd weekend of July

Location: The uncharted lagoon or basin in Milwaukee Harbor north

of the mouth of the Milwaukee River and directly adjacent to the

Summerfest grounds, enclosed by shore on the west and a ``comma''

shaped man-made rock wall on the east. The construction of the lagoon

is such that a small ``basin'' has been created with one entrance

located at the northwest end, thus, there is no ``thru traffic''.

Milwaukee Summerfest

Sponsor: Milwaukee World Festival, Inc.

Date: Last week of June through 2nd weekend of July

Location: The uncharted lagoon or basin in Milwaukee Harbor north

of the mouth of the Milwaukee River and directly adjacent to the

Summerfest grounds, enclosed by shore on the west and a ``comma''

shaped man-made rock wall on the east. The construction of the lagoon

is such that a small ``basin'' has been created with one entrance

located at the northwest end, thus, there is no ``thru traffic''. Four

special buoys will be set by the sponsor to delineate the entrance to

the lagoon.

Racine on the Lakefront Airshow

Sponsor: Rotary Club of Racine

Date: 2nd weekend of June

Location: That portion of Racine Harbor, Lake Michigan bounded by

the following corner points:

Southeast Corner--42 deg.41.95' N 87 deg.45.5' W

Southwest Corner--42 deg.41.95' N 87 deg.47.2' W

Northwest Corner--42 deg.45.6' N 87 deg.46.2' W

Northeast Corner--42 deg.45.6' N 87 deg.45.5' W

(NAD 83).

Dated: August 11, 1995.

G.F. Woolever,

Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.

[FR Doc. 95-21296 Filed 8-25-95; 8:45 am]

BILLING CODE 4910-14-M