[Federal Register Volume 71, Number 147 (Tuesday, August 1, 2006)]
[Proposed Rules]
[Pages 43402-43406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12332]


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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