[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Rules and Regulations]
[Pages 52339-52341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18535]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-1127]
RIN 1625-AA00
Safety Zone; 2016 Wings Over Vermont Air Show, Lake Champlain,
Burlington, VT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for an
aerobatic demonstration over the navigable waters of Lake Champlain
along the shoreline in Burlington, VT. This temporary safety zone will
be necessary to protect spectators and vessels from hazards associated
with the air show. Entry into, transit through, mooring or anchoring
within this regulated area will be prohibited unless authorized by the
Captain of the Port (COTP) Sector Northern New England (SNNE).
DATES: This rule is effective from 9 a.m. on August 12, 2014, through 6
p.m. on August 14, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
USCG-2015-1127 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 about this
rulemaking, call or email Chief Marine Science Technician Chris Bains,
Waterways Management Division at Coast Guard Sector Northern New
England, telephone (207) 347-5003, or email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
SLR Special Local Regulation
U.S.C. United States Code
COTP Captain of the Port
NPRM Notice of Proposed Rulemaking
II. Background Information and Regulatory History
On April 19, 2016, the Coast Guard published an NPRM in the Federal
Register titled 2016 Wings over Vermont Air Show (81 FR 22944). There
we stated why we issued the NPRM, and invited comments on our proposed
regulatory action. No public comments or request for a public meeting
were received during the NPRM process.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP is establishing a safety zone for the Wings over Vermont
Air Show from 9 a.m. to 6 p.m. on August 12-14, 2016 on Lake Champlain,
along the shoreline of Burlington, VT. The safety zone will cover all
navigable waters, extending to and including the breakwater bounded by
the following coordinates: 44[deg]29'24'' N./073[deg]14'44'' W.;
44[deg]29'24'' N./073[deg]14'03'' W.; 44[deg]28'56'' N./073[deg]14'03''
W.; 44[deg]28'50'' N./073[deg]13'48'' W.; 44[deg]28'12'' N./
073[deg]13'33'' W.; 44[deg]27'47'' N./073[deg]14'03'' W.;
44[deg]27'25'' N./073[deg]14'03'' W.; 44[deg]27'25'' N./073[deg]14'44''
W. The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the scheduled 10
a.m. to 5 p.m. aerobatic displays. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text appears at
the end of this document.
The purpose of this rulemaking is to ensure the safety of spectator
vessels and other traffic using the navigable waters near or around the
designated aeronautical box.
IV. 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.
[[Page 52340]]
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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the rule has not been reviewed by the Office of Management
and Budget.
The Coast Guard has determined that this rule is not a significant
regulatory action for the following reasons: The safety zone will be of
limited duration and will only be in effect during a portion of three
days, it will allow vessels to transit in waters directly adjacent to
the safety zone, and coordinated efforts have been made to direct ferry
traffic around the safety zone so not to disrupt regularly scheduled
ferry service on Lake Champlain. Additionally, maritime advisories will
be posted in the Local Notice to Mariners and the Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM marine Channel 16 prior
to and during the entire duration of the enforcement period.
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
IV.A 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
contact 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 the Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it will 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 would 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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a
determination 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 a portion of
three days and will prohibit entry into without permission from the
COTP. Normally such actions are categorically excluded from further
review under paragraph 34 of figure 2-1 of Commandant Instruction
M16475.1D. A preliminary environmental analysis checklist supporting
this is available in the docket where indicated under ADDRESSES. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5 and Department of Homeland Security Delegation
No. 0170.1
0
2. Add Sec. 165.T01-1127 to read as follows:
[[Page 52341]]
Sec. 165.T01-1127 Safety Zone; 2016 Wings Over Vermont Air Show, Lake
Champlain; Burlington, VT.
(a) Location. The following area is a Safety Zone: All navigable
waters, from surface to bottom, of Lake Champlain, Burlington, VT,
within an aeronautical box extending to and including the breakwater
bounded by the following coordinates: 44[deg]29'24'' N./073[deg]14'44''
W.; 44[deg]29'24'' N./073[deg]14'03'' W.; 44[deg]28'56'' N./
073[deg]14'03'' W.; 44[deg]28'50'' N./073[deg]13'48'' W.;
44[deg]28'12'' N./073[deg]13'33'' W.; 44[deg]27'47'' N./073[deg]14'03''
W.; 44[deg]27'25'' N./073[deg]14'03'' W.; 44[deg]27'25'' N./
073[deg]14'44'' W.
(b) Enforcement period. This safety zone described in paragraph (a)
above will be enforced from 9 a.m. until 6 p.m. on August 12-14, 2016.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply. During the enforcement period, entry into, transiting,
mooring, anchoring or remaining within this safety zone is prohibited
unless authorized by the Captain of the Port or his designated
representatives.
(2) 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 or his designated representatives.
(3) Persons and vessels may request permission to enter the safety
zone by contacting the COTP or the COTP's designated representative on
VHF-16 or via phone at 207-767-0303.
(4) The ``designated representative'' is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
Captain of the Port to act on his behalf. The on-scene representative
may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, or
onboard a local or state agency vessel that is authorized to act in
support of the Coast Guard. Additionally, the Coast Guard Auxiliary may
be present to inform vessel operators of this regulation.
(5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
Dated: July 13, 2016.
M.A. Baroody,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2016-18535 Filed 8-5-16; 8:45 am]
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