On September 19, 2026, from 9:30 p.m. to 10:30 p.m., the U.S. Coast Guard will enforce a temporary safety zone on a portion of Lake St. Clair in Grosse Pointe Farms, Michigan. This measure is a direct response to an upcoming overwater fireworks display and aims to protect marine vessels, personnel, and the environment from potential hazards. The rule, issued as a temporary final action, restricts access to a 560-foot radius around the fireworks launch site.
Rationale for the Temporary Safety Zone
The Coast Guard received notification regarding a scheduled fireworks event to be launched from a barge on Lake St. Clair, specifically near 60 Lake Shore Drive in Grosse Pointe Farms. The Captain of the Port (COTP) Detroit assessed the potential hazards associated with such a display, determining that any individual or vessel within a 560-foot radius of the launch site would face significant safety risks. Consequently, the Coast Guard invoked its authority under 46 U.S.C. 70034 to establish a safety zone, emphasizing its commitment to protecting personnel and vessels in navigable waters.
Procedural Expediency and Legal Basis
The implementation of this temporary final rule proceeded without prior public notice and comment. The Coast Guard cited a "good cause" exemption under 5 U.S.C. 553(b)(B) for waiving the notice of proposed rulemaking. This decision was based on the compressed timeframe available for action. The agency was notified of the event on July 24, 2026, requiring the safety zone to be in effect by September 19, 2026. This limited period was deemed insufficient to solicit and respond to public comments effectively. Similarly, good cause under 5 U.S.C. 553(d)(3) was found to make the rule effective less than 30 days after its publication in the Federal Register, further underscoring the urgency of the safety imperative.
Specifics of the Safety Zone
The temporary safety zone encompasses all navigable waters of Lake St. Clair within a 560-foot radius of the fireworks launch site. The precise coordinates for the center of this zone are 42 degrees 23'12.26'' N, 82 degrees 53'36.33'' W, based on the World Geodetic System (WGS 84)/North American Datum 83 (NAD 83). During the specified hour of enforcement, from 9:30 p.m. to 10:30 p.m. on September 19, 2026, unauthorized entry by vessels or persons into this area is strictly prohibited. Permission to enter must be obtained directly from the COTP Detroit or their designated representative. Contact can be made via VHF-FM channel 16. A "designated representative" includes various Coast Guard personnel and assisting Federal, State, and local officers.
Regulatory Impact Analyses
In developing this rule, the Coast Guard conducted various regulatory analyses, as required by statute and executive orders. The Regulatory Flexibility Act of 1980 provisions were deemed inapplicable, as the rule was not subject to notice and comment due to the good cause waiver. This means no specific analysis of the rule's impact on small entities was required. The rule will not necessitate any new collection of information under the Paperwork Reduction Act of 1995. Furthermore, the Coast Guard determined that the rule aligns with the principles of federalism outlined in Executive Order 13132 and poses no substantial direct effects on Indian tribal governments under Executive Order 13175. It also does not trigger the thresholds for the Unfunded Mandates Reform Act of 1995, as it will not result in an annual expenditure of $100,000,000 or more. Environmentally, the rule is categorically excluded from further review under the National Environmental Policy Act of 1969, categorized as an action that does not individually or cumulatively have a significant effect on the human environment.
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