[Federal Register: August 1, 2006 (Volume 71, Number 147)]
[Proposed Rules]
[Page 43402-43406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au06-23]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-123]
RIN 1625-AA00
Safety Zones; U.S. Coast Guard Water Training Areas, Great Lakes
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish safety zones throughout
the Great Lakes. These zones are intended to restrict vessels from
portions of the Great Lakes during live fire gun exercises that will be
conducted by Coast Guard cutters and small boats. These safety zones
are necessary to protect the public from the hazards associated with
the firing of weapons.
DATES: Comments and related materials must reach the Coast Guard on or
before August 31, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dre) Ninth Coast Guard District, 1240 E. 9th Street, Room 2069,
Cleveland, OH 44199. The Ninth Coast Guard District Planning and
Development Section (dpw-1) maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
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 between 8 a.m. (local) and 4 p.m. (local), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Commander Gustav Wulfkuhle,
Enforcement Branch, Response Division, Ninth Coast Guard District,
Cleveland, OH at (216) 902-6091.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to submit comments and related materials. If you
submit a comment, please include your name and address, identify the
docket number for this rulemaking [CGD09-06-123], indicate the specific
section of this document to which each comment applies, and give the
reason for each comment. You may submit your comments and material by
mail (see ADDRESSES). If you submit them by mail or delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit them by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period, which may result in a
modification to the rule.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a public meeting (see 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.
Regulatory Information
The Coast Guard is proposing to establish these safety zones to
conduct training essential to carrying out Coast Guard missions
relating to military operations and national security. Accordingly,
these proposed safety zones fall within the military function exception
to the Administrative Procedure Act (APA), 5 U.S.C. 553(a)(1). Notice
and comment rulemaking under 5 U.S.C. 553(b), and an effective date of
30 days after publication under 5 U.S.C. 553(d) are not required for
this rulemaking.
However, we have determined that it would be beneficial to accept
public comments on this proposed rule. Therefore, we will be accepting
comments until August 31, 2006. By issuing this notice of proposed
rulemaking and accepting public comments, the Coast Guard does not
waive its use of the military-function exception to notice and comment
rulemaking under 5 U.S.C. 553(b).
Background and Purpose
These safety zones are necessary to protect vessels and people from
hazards associated with live fire gun exercises. Such hazards include
projectiles that may ricochet and damage vessels and/or cause death or
serious bodily harm.
Discussion of Proposed Rule
The proposed safety zones are necessary to ensure the safety of
vessels and people during live fire gun exercises on the Great Lakes.
Twenty-six zones will be located throughout the Great Lakes in order to
accommodate 57 separate Coast Guard units. The proposed safety zones
are all located at least three nautical miles from the shoreline.
The proposed safety zones will be enforced only upon notice by the
cognizant Captain of the Port for the area in which the exercise will
be held. The cognizant Captain of the Port will cause notice of the
enforcement of a live
[[Page 43403]]
fire exercise safety zone to be made by all appropriate means to effect
the widest publicity among the affected segments of the public
including publication in the Federal Register as practicable, in
accordance with 33 CFR 165.7(a). Such means of notification may also
include but are not limited to, Broadcast Notice to Mariners or Local
Notice to Mariners. The cognizant Captain of the Port will issue a
Broadcast Notice to Mariners and Local Notice to Mariners notifying the
public when enforcement of a live fire exercise safety zone is
suspended.
The proposed live fire exercise safety zones are as follows:
Lake Ontario
Ontario Zone 1 (Eastern): Beginning at 43[deg]44'18'' N,
076[deg]30'22'' W; then south to 43[deg]36'05'' N, 076[deg]30'22''
W; the east to 43[deg]36'05'' N, 076[deg]22'58'' W; then north to
43[deg]44'18'' N, 076[deg]22'58'' W; then west to the point of
origin.
Ontario Zone 2 (Middle): Beginning at 43[deg]27'59'' N,
077[deg]34'32'' W; then south to 43[deg]24'19'' N, 077[deg]34'36''
W; the east to 43[deg]24'20'' N, 077[deg]22'55'' W; then north to
43[deg]28'06'' N, 077[deg]23'04'' W; then west to the point of
origin.
Ontario Zone 3 (Western): Beginning at 43[deg]24'19'' N,
079[deg]02'25'' W; then south to 43[deg]21'50'' N, 079[deg]00'47''
W; then east to 43[deg]23'48'' N, 078[deg]50'29'' W; then north to
43[deg]26'29'' N, 078[deg]52'05'' W; then west to the point of
origin.
Lake Erie
Erie Zone 1 (Eastern): Beginning at 42[deg]12'01'' N,
080[deg]45'11'' W; then south to 42[deg]05'22'' N, 080[deg]38'23''
W; then east to 42[deg]12'35'' N, 080[deg]18'01'' W; then north to
42[deg]15'18'' N, 080[deg]23'52'' W; then west to the point of
origin.
Erie Zone 2 (Eastern Middle): Beginning at 41[deg]59'51'' N,
081[deg]16'23'' W; then south to 41[deg]56'15'' N, 081[deg]16'02''
W; then east to 41[deg]58'39'' N, 081[deg]00'12'' W; the north to
42[deg]02'20'' N, 081[deg]01'00'' W; then west to the point of
origin.
Erie Zone 3 (Western Middle): Beginning at 41[deg]47'40'' N,
081[deg]47'44'' W; then south to 41[deg]41'50'' N, 081[deg]46'22''
W; then east to 41[deg]41'24'' N, 081[deg]40'26'' W; then north to
41[deg]47'26'' N, 081[deg]37'49'' W then west to the point of
origin.
Erie Zone 4 (Western): Beginning at 41[deg]35'30'' N,
082[deg]30'04'' W; then south to 41[deg]30'07'' N, 082[deg]31'02''
W; then east to 41[deg]30'22'' N, 082[deg]25'07'' W; then north to
41[deg]35'30'' N, 082[deg]25'07'' W; then west to the point of
origin.
Lake Huron
Huron Zone 1 (Southern): Beginning at 43[deg]43'07'' N,
082[deg]24'23'' W; then south to 43[deg]27'45'' N, 082[deg]24'34''
W; then east to 43[deg]27'45'' N, 082[deg]20'16'' W; then north to
43[deg]42'51'' N, 082[deg]17'14'' W; then west to the point of
origin.
Huron Zone 2 (Harbor Beach): Beginning at 44[deg]12'00'' N,
082[deg]40'30'' W; then south to 44[deg]04'02'' N, 082[deg]37'41''
W; then east to 44[deg]04'44'' N, 082[deg]29'24'' W; then north to
44[deg]12'00'' N, 082[deg]33'08'' W; then west to the point of
origin.
Huron Zone 3 (Saginaw Bay): Beginning at 44[deg]19'24'' N,
083[deg]10'40'' W; then south to 44[deg]09'48'' N, 083[deg]15'55''
W; then east to 44[deg]12'08'' N, 082[deg]50'35'' W; then north to
44[deg]19'30'' N, 082[deg]55'15'' W; the west to the point of
origin.
Huron Zone 4 (Thunder Bay South): Beginning at 44[deg]45'45'' N,
083[deg]07'19'' W; then south to 44[deg]38'00'' N, 083[deg]03'18''
W; then east to 44[deg]38'00'' N, 082[deg]54'11'' W; then north to
44[deg]45'45'' N, 082[deg]57'42'' W; then west to the point of
origin.
Huron Zone 5 (Thunder Bay North): Beginning at 45[deg]17'02'' N,
082[deg]51'48'' W; then south to 45[deg]05'54'' N, 082[deg]51'22''
W; then southeast to 45[deg]01'10'' N, 082[deg]47'22'' W; then east
to 45[deg]01'07'' N, 082[deg]35'48'' W; then north to 45[deg]16'13''
N, 082[deg]39'33'' W; then west to the point of origin.
Huron Zone 6 (Northern): Beginning at 45[deg]44'35'' N,
083[deg]58'16'' W; then south to 45[deg]39'48'' N, 083[deg]59'55''
W; then east to 45[deg]38'41'' N, 083[deg]49'26'' W; then north to
45[deg]42'39'' N, 083[deg]50'22'' W; then west to the point of
origin.
Lake Michigan
Michigan Zone 1 (Charlevoix): Beginning at 45[deg]30'00'' N,
085[deg]25'18'' W, then southwest to 45[deg]22'41'' N,
085[deg]26'47'' W, then northeast to 45[deg]27'45'' N,
085[deg]13'50'' W, then northwest to 45[deg]32'46'' N, 085[deg]16'
25'' W then southwest to the point of origin.
Michigan Zone 2 (Frankfort): Beginning at 44[deg]47'23'' N,
086[deg]41'12'' W; then south to 44[deg]34'06'' N, 086[deg]48'54''
W; then east to 44[deg]35'55'' N, 086[deg]33'03'' W; then north to
44[deg]46'41'' N, 086[deg]28'43'' W; then west to the point of
origin.
Michigan Zone 3 (Manistee): Beginning at 44[deg]22'18'' N,
086[deg]53'41'' W; then southwest to 44[deg]14'34'' N,
087[deg]01'06'' W; then southeast to 44[deg]09'18'' N,
086[deg]51'36'' W; then northeast to 44[deg]21'49'' N,
086[deg]40'14'' W; then northwest to the point of origin.
Michigan Zone 4 (Ludington): Beginning at 43[deg]59'40'' N,
086[deg]46'24'' W; then south to 43[deg]51'24'' N, 086[deg]49'50''
W; then east to 43[deg]51'11'' N, 086[deg]42'28'' W; then north to
43[deg]59'21'' N, 086[deg]39'15'' W; then west to the point of
origin.
Michigan Zone 5 (Grand Haven): Beginning at 43[deg]13'03'' N,
086[deg]46'57'' W; then south to 43[deg]00'27'' N, 086[deg]46'04''
W; then east to 43[deg]00'17'' N, 086[deg]27'13'' W; then north to
43[deg]13'49'' N, 086[deg]32'00'' W; then west to the point of
origin.
Michigan Zone 6 (St. Joseph): Beginning at 42[deg]12'52'' N,
086[deg]50'10'' W; then south to 42[deg]05'41'' N, 086[deg]53'55''
W; then east to 42[deg]05'24'' N, 086[deg]43'45'' W; then north to
42[deg]12'19'' N, 086[deg]39'42'' W; then west to the point of
origin.
Michigan Zone 7 (Michigan City): Beginning at 41[deg]58'36'' N,
087[deg]02'53'' W; then south to 41[deg]48'42'' N, 087[deg]02'53''
W; then northeast to 41[deg]52'51'' N, 086[deg]51'40'' W; then north
to 41[deg]59'06'' N, 086[deg]48'00'' W; then west to the point of
origin.
Michigan Zone 8 (Chicago): Beginning at 41[deg]55'18'' N,
087[deg]15'49'' W; then south to 41[deg]48'29'' N, 087[deg]17'46''
W; then east to 41[deg]47'45'' N, 087[deg]08'57'' W; then north to
41[deg]55'18'' N, 087[deg]08'48'' W; then west to the point of
origin.
Michigan Zone 9 (Waukeegan): Beginning at 42[deg]22'28'' N,
087[deg]39'14'' W; then south to 42[deg]17'49'' N, 087[deg]39'27''
W; then southeast to 42[deg]13'42'' N, 087[deg]37'35'' W; then east
to 42[deg]14'02'' N, 087[deg]31'36'' W; then north to 42[deg]22'58''
N, 087[deg]33'02'' W; then west to the point of origin.
Michigan Zone 10 (Kenosha): Beginning at 42[deg]39'28'' N,
087[deg]33'19'' W; then south to 42[deg]30'17'' N, 087[deg]31'09''
W; then east to 42[deg]30'21'' N, 087[deg]23'23'' W; then north to
42[deg]38'55'' N, 087[deg]24'30'' W; then west to the point of
origin.
Michigan Zone 11 (Milwaukee): Beginning at 43[deg]05'13'' N,
087[deg]32'48'' W; then south to 42[deg]54'37'' N, 087[deg]34'27''
W; then east to 42[deg]54'50'' N, 087[deg]26'27'' W; then north to
43[deg]05'13'' N, 087[deg]25'55'' W; then west to the point of
origin.
Michigan Zone 12 (Two Rivers): Beginning at 44[deg]08'20'' N,
087[deg]24'08'' W; then south to 43[deg]49'06'' N, 087[deg]27'34''
W; then east to 43[deg]48'59'' N, 087[deg]20'19'' W; then north to
44[deg]06'04'' N, 087[deg]16'43'' W; then northwest to the point of
origin.
Michigan Zone 13 (Sturgeon Bay): Beginning at 44[deg]41'22'' N,
087[deg]08'43'' W; then south to 44[deg]32'49'' N, 087[deg]13'21''
W; then east to 44[deg]32'32'' N, 087[deg]04'10'' W; then north to
44[deg]40'33'' N, 087[deg]01'41'' W; then west to the point of
origin.
Michigan Zone 14 (Washington Island): Beginning at
45[deg]19'17'' N, 086[deg]35'58'' W; then southwest to
45[deg]12'50'' N, 086[deg]41'39'' W; then southeast to
45[deg]10'50'' N, 086[deg]30'48'' W; then northeast to
45[deg]17'29'' N, 086[deg]25'32'' W; then northwest to the point of
origin.
Lake Superior:
Superior Zone 1 (Whitefish Bay): Beginning at 46[deg]41'30'' N,
084[deg]54'00'' W; then south to 46[deg]36'00'' N, 084[deg]55'00''
W; continuing south to 46[deg]34'30'' N, 084[deg]54'36'' W; then
east to 46[deg]33'18'' N, 084[deg]50'54'' W; continuing east to
46[deg]32'48'' N, 084[deg]46'00'' W; then north to 46[deg]33'12'' N,
084[deg]45'54'' W; then northwest to 46[deg]36'06'' N,
084[deg]49'48'' W; continuing northwest to 46[deg]42'00'' N,
084[deg]52'18'' W; then southwest to the point of origin.
Superior Zone 2 (Sault Ste. Marie): Beginning at 46[deg]56'16''
N, 085[deg]39'01'' W; then southeast to 46[deg]51'55'' N,
085[deg]24'04'' W; then northeast to 46[deg]53'07'' N,
085[deg]12'37'' W; then northwest to 46[deg]58'20'' N,
085[deg]29'44'' W; then southwest to the point of origin.
Superior Zone 3 (Marquette) Beginning at 46[deg]47'39'' N,
087[deg]11'42'' W; then south to 46[deg]39'54'' N, 087[deg]09'47''
W; then east to 46[deg]41'13'' N, 086[deg]57'33'' W; then north to
46[deg]48'14'' N, 086[deg]58'31'' W; then west to the point of
origin.
Superior Zone 4 (Portage): Beginning at 47[deg]11'05'' N,
087[deg]53'30'' W; then southwest to 47[deg]07'21'' N,
088[deg]02'39'' W; then southeast to 47[deg]03'54'' N,
087[deg]53'30'' W; then northeast to 47[deg]07'21'' N,
087[deg]44'21'' W; then northwest to the point of origin.
Superior Zone 5 (Bayfield): Beginning at 46[deg]49'09'' N,
090[deg]19'16'' W; then southwest to 46[deg]42'50'' N,
090[deg]21'27'' W; then northeast to 46[deg]46'52'' N,
090[deg]11'38'' W; then northeast to 46[deg]52'26'' N,
090[deg]09'15'' W; then southwest to the point of origin.
[[Page 43404]]
Superior Zone 6 (Duluth): Beginning at 47[deg]03'29'' N,
091[deg]16'57'' W; then southwest to 46[deg]59'54'' N,
091[deg]27'22'' W; then southeast to 46[deg]59'13'' N,
091[deg]20'55'' W; then northeast to 47[deg]02'29'' N,
091[deg]08'59'' W; then northwest to the point of origin.
Superior Zone 7 (Grand Marais): Beginning at 47[deg]40'53'' N,
090[deg]04'51'' W; then south to 47[deg]34'18'' N, 090[deg]05'09''
W; then east to 47[deg]34'37'' N, 089[deg]53'35'' W; then north to
47[deg]41'47'' N, 089[deg]53'52'' W; then west to the point of
origin.
All coordinates use above are based upon North American Datum 1983
(NAD 83).
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The Coast
Guard's use of these safety zones will be periodic in nature and will
likely not exceed two or three one-day events per year. Moreover, these
safety zones will only be enforced during time the safety zone is
actually in use. Furthermore, these safety zones are located in places
known not to be heavily used by the boating public. Hence, this
determination is based on the minimal amount of time that vessels will
be restricted from the proposed zones and that the zones are located in
areas which vessels can easily transit around. The Coast Guard expects
insignificant adverse impact to mariners from the activation of these
zones.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in an activated safety zone.
The proposed safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The zones will be in effect for only a short time and vessels
can easily transit around them. In the unlikely event that these zones
do affect shipping, commercial vessels may request permission from an
on-scene representative to transit through the safety zone by
contacting the on-scene representative on VHF-FM channel 16. The Coast
Guard will give notice to the public via a Broadcast to Mariners that
the regulation is in effect.
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 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. 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 Commander Gustav Wulfkuhle,
Enforcement Branch, Response Division, Ninth Coast Guard District,
Cleveland, OH at (216) 902-6091. 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.
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
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 proposed 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 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 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
We have 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 would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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. The Administrator of the Office
[[Page 43405]]
of Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that there are no factors in this case
that would limit the use of a categorical exclusion under section 2.B.2
of the Instruction. Therefore, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. This event
establishes a safety zone therefore paragraph (34)(g) of the
Instruction applies.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
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 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.928 to read as follows:
Sec. 165.928 Safety zones; U.S. Coast Guard, Water Training Areas,
Great Lakes.
(a) Notice of Enforcement or Suspension of Enforcement. The safety
zones established by this section will be enforced only upon notice by
the cognizant Captain of the Port for the area in which a live fire gun
exercise will be held. The Captain of the Port will cause notice of the
enforcement of a safety zone established by this section to be made by
all appropriate means and to effect the widest publicity among the
affected segments of the public including publication in the Federal
Register as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification may also include, but are not limited to, Broadcast
Notice to Mariners or Local Notice to Mariners. The appropriate Captain
of the Port will issue a Broadcast Notice to Mariners and Local Notice
to Mariners notifying the public when enforcement of a safety zone
established by this section is suspended.
(b) Definitions. The following definitions apply to this section:
Designated representative means those persons designated by either
the Captain of the Port Buffalo, Detroit, Sault Ste. Marie, and Lake
Michigan to monitor these safety zones, permit entry into these zones,
give legally enforceable orders to persons or vessels within these
zones and take other actions authorized by the Captain of the Port.
Persons authorized in paragraph (g) to enforce this section are
designated representatives.
(c) Location. The following areas are safety zones:
Ontario:
Ontario Zone 1 (Eastern): Beginning at 43[deg]44'18'' N,
076[deg]30'22'' W; then south to 43[deg]36'05'' N, 076[deg]30'22''
W; then east to 43[deg]36'05'' N, 076[deg]22'58'' W; then north to
43[deg]44'18'' N, 076[deg]22'58'' W; then west to the point of
origin.
Ontario Zone 2 (Middle): Beginning at 43[deg]27'59'' N,
077[deg]34'32'' W; then south to 43[deg]24'19'' N, 077[deg]34'36''
W; then east to 43[deg]24'20'' N, 077[deg]22'55'' W; then north to
43[deg]28'06'' N, 077[deg]23'04'' W; then west to the point of
origin.
Ontario Zone 3 (Western): Beginning at 43[deg]24'19'' N,
079[deg]02'25'' W; then south to 43[deg]21'50'' N, 079[deg]00'47''
W; then east to 43[deg]23'48'' N, 078[deg]50'29'' W; then north to
43[deg]26'29'' N, 078[deg]52'05'' W; then west to the point of
origin.
Lake Erie:
Erie Zone 1 (Eastern): Beginning at 42[deg]12'01'' N,
080[deg]45'11'' W; then south to 42[deg]05'22'' N, 080[deg]38'23''
W; then east to 42[deg]12'35'' N, 080[deg]18'01'' W; then north to
42[deg]15'18'' N, 080[deg]23'52'' W; then west to the point of
origin.
Erie Zone 2 (Eastern Middle): Beginning at 41[deg]59'51'' N,
081[deg]16'23'' W; then south to 41[deg]56'15'' N, 081[deg]16'02''
W; then east to 41[deg]58'39'' N, 081[deg]00'12'' W; then north to
42[deg]02'20'' N, 081[deg]01'00'' W; then west to the point of
origin.
Erie Zone 3 (Western Middle): Beginning at 41[deg]47'40'' N,
081[deg]47'44'' W; then south to 41[deg]41'50'' N, 081[deg]46'22''
W; then east to 41[deg]41'24'' N, 081[deg]40'26'' W; then north to
41[deg]47'26'' N, 081[deg]37'49'' W then west to the point of
origin.
Erie Zone 4 (Western): Beginning at 41[deg]35'30'' N,
082[deg]30'04'' W; then south to 41[deg]30'07'' N, 082[deg]31'02''
W; then east to 41[deg]30'22'' N, 082[deg]25'07'' W; then north to
41[deg]35'30'' N, 082[deg]25'07'' W; then west to the point of
origin.
Lake Huron:
Huron Zone 1 (Southern): Beginning at 43[deg]43'07'' N,
082[deg]24'23'' W; then south to 43[deg]27'45'' N, 082[deg]24'34''
W; then east to 43[deg]27'45'' N, 082[deg]20'16'' W; then north to
43[deg]42'51'' N, 082[deg]17'14'' W; then west to the point of
origin.
Huron Zone 2 (Harbor Beach): Beginning at 44[deg]12'00'' N,
082[deg]40'30'' W; then south to 44[deg]04'02'' N, 082[deg]37'41''
W; then east to 44[deg]04'44'' N, 082[deg]29'24'' W; then north to
44[deg]12'00'' N, 082[deg]33'08'' W; then west to the point of
origin.
Huron Zone 3 (Saginaw Bay): Beginning at 44[deg]19'24'' N,
083[deg]10'40'' W; then south to 44[deg]09'48'' N, 083[deg]15'55''
W; then east to 44[deg]12'08'' N, 082[deg]50'35'' W; then north to
44[deg]19'30'' N, 082[deg]55'15'' W; the west to the point of
origin.
Huron Zone 4 (Thunder Bay South): Beginning at 44[deg]45'45'' N,
083[deg]07'19'' W; then south to 44[deg]38'00'' N, 083[deg]03'18''
W; then east to 44[deg]38'00'' N, 082[deg]54'11'' W; then north to
44[deg]45'45'' N, 082[deg]57'42'' W; then west to the point of
origin.
Huron Zone 5 (Thunder Bay North): Beginning at 45[deg]17'02'' N,
082[deg]51'48'' W; then south to 45[deg]05'54'' N, 082[deg]51'22''
W; then southeast to 45[deg]01'10'' N, 082[deg]47'22'' W; then east
to 45[deg]01'07'' N, 082[deg]35'48'' W; then north to 45[deg]16'13''
N, 082[deg]39'33'' W; then west to the point of origin.
Huron Zone 6 (Northern): Beginning at 45[deg]44'35'' N,
083[deg]58'16'' W; then south to 45[deg]39'48'' N, 083[deg]59'55''
W; then east to 45[deg]38'41'' N, 083[deg]49'26'' W; then north to
45[deg]42'39'' N, 083[deg]50'22'' W; then west to the point of
origin.
Lake Michigan:
Michigan Zone 1 (Charlevoix): Beginning at 45[deg]30'00'' N,
085[deg]25'18'' W, then southwest to 45[deg]22'41'' N,
085[deg]26'47'' W, then northeast to 45[deg]27'45'' N,
085[deg]13'50'' W, then northwest to 45[deg]32'46'' N,
085[deg]16'25'' W then southwest to the point of origin.
[[Page 43406]]
Michigan Zone 2 (Frankfort): Beginning at 44[deg]47'23'' N,
086[deg]41'12'' W; then south to 44[deg]34'06'' N, 086[deg]48'54''
W; then east to 44[deg]35'55'' N, 086[deg]33'03'' W; then north to
44[deg]46'41'' N, 086[deg]28'43'' W; then west to the point of
origin.
Michigan Zone 3 (Manistee): Beginning at 44[deg]22'18'' N,
086[deg]53'41'' W; then southwest to 44[deg]14'34'' N,
087[deg]01'06'' W; then southeast to 44[deg]09'18'' N,
086[deg]51'36'' W; then northeast to 44[deg]21'49'' N,
086[deg]40'14'' W; then northwest to the point of origin.
Michigan Zone 4 (Ludington): Beginning at 43[deg]59'40'' N,
086[deg]46'24'' W; then south to 43[deg]51'24'' N, 086[deg]49'50''
W; then east to 43[deg]51'11'' N, 086[deg]42'28'' W; then north to
43[deg]59'21'' N, 086[deg]39'15'' W; then west to the point of
origin.
Michigan Zone 5 (Grand Haven): Beginning at 43[deg]13'03'' N,
086[deg]46'57'' W; then south to 43[deg]00'27'' N, 086[deg]46'04''
W; then east to 43[deg]00'17'' N, 086[deg]27'13'' W; then north to
43[deg]13'49'' N, 086[deg]32'00'' W; then west to the point of
origin.
Michigan Zone 6 (St. Joseph): Beginning at 42[deg]12'52'' N,
086[deg]50'10'' W; then south to 42[deg]05'41'' N, 086[deg]53'55''
W; then east to 42[deg]05'24'' N, 086[deg]43'45'' W; then north to
42[deg]12'19'' N, 086[deg]39'42'' W; then west to the point of
origin.
Michigan Zone 7 (Michigan City): Beginning at 41[deg]58'36'' N,
087[deg]02'53'' W; then south to 41[deg]48'42'' N, 087[deg]02'53''
W; then northeast to 41[deg]52'51'' N, 086[deg]51'40'' W; then north
to 41[deg]59'06'' N, 086[deg]48'00'' W; then west to the point of
origin.
Michigan Zone 8 (Chicago): Beginning at 41[deg]55'18'' N,
087[deg]15'49'' W; then south to 41[deg]48'29'' N, 087[deg]17'46''
W; then east to 41[deg]47'45'' N, 087[deg]08'57'' W; then north to
41[deg]55'18'' N, 087[deg]08'48'' W; then west to the point of
origin.
Michigan Zone 9 (Waukeegan): Beginning at 42[deg]22'28'' N,
087[deg]39'14'' W; then south to 42[deg]17'49'' N, 087[deg]39'27''
W; then southeast to 42[deg]13'42'' N, 087[deg]37'35'' W; the east
to 42[deg]14'02'' N, 087[deg]31'36'' W; then north to 42[deg]22'58''
N, 087[deg]33'02'' W; then west to the point of origin.
Michigan Zone 10 (Kenosha): Beginning at 42[deg]39'28'' N,
087[deg]33'19'' W; then south to 42[deg]30'17'' N, 087[deg]31'09''
W; then east to 42[deg]30'21'' N, 087[deg]23'23'' W; then north to
42[deg]38'55'' N, 087[deg]24'30'' W; then west to the point of
origin.
Michigan Zone 11 (Milwaukee): Beginning at 43[deg]05'13'' N,
087[deg]32'48'' W; then south to 42[deg]54'37'' N, 087[deg]34'27''
W; then east to 42[deg]54'50'' N, 087[deg]26'27'' W; then north to
43[deg]05'13'' N, 087[deg]25'55'' W; then west to the point of
origin.
Michigan Zone 12 (Two Rivers): Beginning at 44[deg]08'20'' N,
087[deg]24'08'' W; then south to 43[deg]49'06'' N, 087[deg]27'34''
W; then east to 43[deg]48'59'' N, 087[deg]20'19'' W; then north to
44[deg]06'04'' N, 087[deg]16'43'' W; then northwest to the point of
origin.
Michigan Zone 13 (Sturgeon Bay): Beginning at 44[deg]41'22'' N,
087[deg]08'43'' W; then south to 44[deg]32'49'' N, 087[deg]13'21''
W; then east to 44[deg]32'32'' N, 087[deg]04'10'' W; then north to
44[deg]40'33'' N, 087[deg]01'41'' W; then west to the point of
origin.
Michigan Zone 14 (Washington Island): Beginning at
45[deg]19'17'' N, 086[deg]35'58'' W; then southwest to
45[deg]12'50'' N, 086[deg]41'39'' W; then southeast to
45[deg]10'50'' N, 086[deg]30'48'' W; then northeast to
45[deg]17'29'' N, 086[deg]25'32'' W; then northwest to the point of
origin.
Lake Superior:
Superior Zone 1 (Whitefish Bay): Beginning at 46[deg]41'30'' N,
084[deg]54'00'' W; then south to 46[deg]36'00'' N, 084[deg]55'00''
W; continuing south to 46[deg]34'30'' N, 084[deg]54'36'' W; then
east to 46[deg]33'18'' N, 084[deg]50'54'' W; continuing east to
46[deg]32'48'' N, 084[deg]46'00'' W; then north to 46[deg]33'12'' N,
084[deg]45'54'' W; then northwest to 46[deg]36'06'' N,
084[deg]49'48'' W; continuing northwest to 46[deg]42'00'' N,
084[deg]52'18'' W; then southwest to the point of origin.
Superior Zone 2 (Sault Ste. Marie): Beginning at 46[deg]56'16''
N, 085[deg]39'01'' W; then southeast to 46[deg]51'55'' N,
085[deg]24'04'' W; then northeast to 46[deg]53'07'' N,
085[deg]12'37'' W; then northwest to 46[deg]58'20'' N,
085[deg]29'44'' W; then southwest to the point of origin.
Superior Zone 3 (Marquette) Beginning at 46[deg]47'39'' N,
087[deg]11'42'' W; then south to 46[deg]39'54'' N, 087[deg]09'47''
W; then east to 46[deg]41'13'' N, 086[deg]57'33'' W; then north to
46[deg]48'14'' N, 086[deg]58'31'' W; then west to the point of
origin.
Superior Zone 4 (Portage): Beginning at 47[deg]11'05'' N,
087[deg]53'30'' W; then southwest to 47[deg]07'21'' N,
088[deg]02'39'' W; then southeast to 47[deg]03'54'' N,
087[deg]53'30'' W; then northeast to 47[deg]07'21'' N,
087[deg]44'21'' W; then northwest to the point of origin.
Superior Zone 5 (Bayfield): Beginning at 46[deg]49'09'' N,
090[deg]19'16'' W; then southwest to 46[deg]42'50'' N,
090[deg]21'27'' W; then northeast to 46[deg]46'52'' N,
090[deg]11'38'' W; then northeast to 46[deg]52'26'' N,
090[deg]09'15'' W; then southwest to the point of origin.
Superior Zone 6 (Duluth): Beginning at 47[deg]03'29'' N,
091[deg]16'57'' W; then southwest to 46[deg]59'54'' N,
091[deg]27'22'' W; then southeast to 46[deg]59'13'' N,
091[deg]20'55'' W; then northeast to 47[deg]02'29'' N,
091[deg]08'59'' W; then northwest to the point of origin.
Superior Zone 7 (Grand Marais): Beginning at 47[deg]40'53'' N,
090[deg]04'51'' W; then south to 47[deg]34'18'' N, 090[deg]05'09''
W; then east to 47[deg]34'37'' N, 089[deg]53'35'' W; then north to
47[deg]41'47'' N, 089[deg]53'52'' W; then west to the point of
origin.
All coordinates use above are based upon North American Datum
1983 (NAD 83).
(d) Obtaining permission to enter or move within the safety zones.
All vessels must obtain permission from the Captain of the Port or a
Designated Representative to enter or move within the safety zones
established in this section when these safety zones are enforced.
(e) Compliance. Upon notice of enforcement by the cognizant Captain
of the Port, the Coast Guard will enforce these safety zones in
accordance with the rules set out in this section. Upon notice of
suspension of enforcement by the Captain of the Port, all persons and
vessels are authorized to enter, transit, and exit these safety zones.
(f) Regulations. The general regulations in 33 CFR part 165 subpart
C, apply to any vessel or person in the navigable waters of the United
States to which this section applies. No person or vessel may enter the
safety zones established in this section unless authorized by the
cognizant Captain of the Port or their designated representative. All
vessels authorized to enter these safety zones must operate at the
minimum speed necessary to maintain a safe course and must proceed as
directed by the cognizant Captain of the Port or his designated
representative.
(g) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section.
Dated: July 14, 2006.
John E. Crowley, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. E6-12332 Filed 7-31-06; 8:45 am]
BILLING CODE 4910-15-P