9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0601]
RIN 1625-AA00
Safety Zone; Petit Fleur Events Wedding Fireworks, Lake St. Clair; Grosse Pointe
Farms, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable
waters on Lake St. Clair, Grosse Pointe Farms, MI. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards associated with
fireworks displays created by Petit Fleur Events. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the Port Detroit, or his
designated representative.
DATES: This rule is effective from 10 p.m. through 11 p.m. July 27, 2024.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0601 in the “SEARCH” box
and click "SEARCH." Click on Open Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call
or email Tracy Girard, Waterways Department, Sector Detroit, Coast Guard; telephone
(313) 568-9564, email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS

Code of Federal Regulations
Department of Homeland Security

FR
NPRM
§
U.S.C.

Federal Register
Notice of proposed rulemaking
Section
United States Code

II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule under authority in 5 U.S.C.
553(b)(B). This statutory provision authorizes an agency to issue a rule without prior
notice and opportunity to comment when the agency for good cause finds that those
procedures are “impracticable, unnecessary, or contrary to the public interest.” The
Coast Guard finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because the event sponsor notified the Coast
Guard with insufficient time to publish an NPRM and immediate action is necessary to
protect personnel, vessels, and the marine environment on Lake St. Clair. It is
impracticable and contrary to the public interest to publish a NPRM because we must
establish this safety zone by July 27, 2024.
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.
For the same reasons discussed in the preceding paragraph, delaying the effective date of
this rule would be impracticable because immediate action is needed to respond to the
potential safety hazards associated with a fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The Captain of the Port Detroit (COTP) has determined
that potential hazards associated with fireworks displays will be a safety concern for
anyone within a 200-yard radius of the launch site. The likely combination of
recreational vessels, darkness punctuated by bright flashes of light, and fireworks debris
falling into the water presents risks of collisions which could result in serious injuries or
fatalities. This rule is necessary to protect personnel, vessels, and the marine

environment in the navigable waters within the safety zone during the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 10 p.m. through 11 p.m. on July 27, 2024.
The safety zone will encompass all U.S. navigable waters of Lake St. Clair within a 200yard radius of the fireworks launch site located 42°23.1’ N, 082°53.71’ W in Grosse
Pointe Farms, MI. The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters during the fireworks display. Entry
into, transiting, or anchoring within the safety zone is prohibited unless authorized by the
Captain of the Port Detroit or his designated representative. The Captain of the Port
Detroit or his designated representative may be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and Executive orders
related to rulemaking. Below we summarize our analyses based on a number of these
statutes and Executive orders, and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits
of available regulatory alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits. This rule has not been designated a “significant
regulatory action,” under Executive Order 12866. Accordingly, this rule has not been
reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size, location, and duration of
the safety zone. Vessel traffic will be able to safely transit around this safety zone which
would impact a small, designated area of Lake St. Clair for approximately one hour
during the evening when vessel traffic is normally low. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM Marine Channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires
Federal agencies to consider the potential impact of regulations on small entities during
rulemaking. 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.
While some owners or operators of vessels intending to transit the safety zone
may be small entities, for the reasons stated in section V.A above, this rule will not have
a significant economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act
of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If
the rule would affect your small business, organization, or governmental jurisdiction and
you have questions concerning its provisions or options for compliance, please call or
email the person listed in the FOR FURTHER INFORMATION CONTACT section.
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). The
Coast Guard will not retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
C. Collection of Information

This rule will not call for a new collection of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132, Federalism,
if it has a substantial direct effect on the States, on the relationship between the National
Government and the States, or on the distribution of power and responsibilities among the
various levels of government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism principles and
preemption requirements described in Executive Order 13132.
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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section above.
E. 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 (adjusted
for inflation) 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.
F. Environment
We have analyzed this rule under Department of Homeland Security Directive
023-01, Rev. 1, associated implementing instructions, and Environmental Planning

COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the
National Environmental Policy Act of 1969(42 U.S.C. 4321–4370f), and have determined
that this action is one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves a safety zone
lasting only 1 hour that will prohibit entry within 200-yard radius of where the fireworks
display will be conducted. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters. Protesters are
asked to call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section to coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record keeping
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3.
2. Add § 165.T09-0601 to read as follows:
§ 165.T09-0601 Petit Fleur Events Wedding Fireworks, Lake St. Clair, Grosse

Pointe Farms, MI.
(a) Location. The following area is a temporary safety zone: all U.S. navigable
waters of Lake St. Clair within a within a 200-yard radius of the fireworks launch site
located at the Grosse Isle War Memorial at position 42°23.1’ N, 082°53.71’ W. All
geographic coordinates are North American Datum of 1983 (NAD 83).
(b) Enforcement period. This regulation will be enforced from 10 p.m. through
11 p.m. on July 27, 2024. The Captain of the Port Detroit, or a designated representative
may suspend enforcement of the safety zone at any time.
(c) Definitions. As used in this section, designated representative means a Coast
Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local officer designated
by or assisting the Captain of the Port Detroit (COTP) in the enforcement of the safety
zone.
(d) Regulations. (1) In accordance with the general regulations in § 165.23, entry
into, transiting, or anchoring within this safety zone is prohibited unless authorized by the
Captain of the Port Detroit or his designated representative.
(2) Vessel operators desiring to enter or operate within the safety zone shall
contact the Captain of the Port Detroit or his designated representative to obtain
permission to do so. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of the Port Detroit or
his designated representative. The COTP Detroit or his designated representative may be
contacted via VHF Channel 16.
Dated: July 03, 2024.
Richard P. Armstrong,
Captain, U.S. Coast Guard,
Captain of the Port Detroit.
[FR Doc. 2024-15120 Filed: 7/9/2024 8:45 am; Publication Date: 7/10/2024]