81_FR_23019 81 FR 22944 - Safety Zone; 2016 Wings Over Vermont Air Show, Lake Champlain, Burlington, VT

81 FR 22944 - Safety Zone; 2016 Wings Over Vermont Air Show, Lake Champlain, Burlington, VT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 75 (April 19, 2016)

Page Range22944-22946
FR Document2016-09033

The Coast Guard is proposing to establish 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). We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 75 (Tuesday, April 19, 2016)
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Proposed Rules]
[Pages 22944-22946]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09033]



[[Page 22944]]

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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: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish 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). We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 20, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1127 using the Federal eRulemaking Portal http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed 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
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On December 24, 2015, the Vermont National Guard notified the Coast 
Guard that they will be holding the 2016 Wings over Vermont Air Show on 
Lake Champlain along the shoreline of Burlington, VT from August 12, 
2016 through August 14, 2016. The aeronautical box designed for the 
performers will measure 12,000 feet long and 4,770 feet wide and will 
be approximately 1,100 feet from shoreline. On water viewing locations 
will be placed both east and west of the air show box to control vessel 
traffic during the demonstration. Lake Champlain Transportation Company 
will redirect the ferry route around the aeronautical box so not to 
disrupt the safety zone during the enforcement period.
    The purpose of this rulemaking is to ensure the safety of the 
spectator vessels and other traffic using the navigable waters near or 
around the designated aeronautical box. The Coast Guard proposes this 
rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish 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 would 
cover all navigable waters 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. 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 would be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM 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 the 
ferry traffic around the safety zone so not to disrupt 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 
proposed rule would 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 proposed rule would not have a significant economic impact on 
any vessel owner or operator.
    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.
    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 proposed 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

[[Page 22945]]

listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard 
will not retaliate against small entities that question or complain 
about this proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed rule under the Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    This proposed 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 proposed 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 proposed 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 proposed 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 preliminary 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 proposed rule involves a safety 
zone lasting a portion of three days and would 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 
proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

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:


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) Effective and enforcement period. This rule would be effective 
and would be enforced with actual notice 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.

[[Page 22946]]

    (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: March 16, 2016.
M.A. Baroody,
Captain, U.S. Coast Guard, Captain of the Port, Sector Northern New 
England.
[FR Doc. 2016-09033 Filed 4-18-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                      22944                    Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules

                                                      DEPARTMENT OF HOMELAND                                  Burlington, VT from August 12, 2016                    and benefits, of reducing costs, of
                                                      SECURITY                                                through August 14, 2016. The                           harmonizing rules, and of promoting
                                                                                                              aeronautical box designed for the                      flexibility. This NPRM has not been
                                                      Coast Guard                                             performers will measure 12,000 feet                    designated a ‘‘significant regulatory
                                                                                                              long and 4,770 feet wide and will be                   action,’’ under Executive Order 12866.
                                                      33 CFR Part 165                                         approximately 1,100 feet from shoreline.               Accordingly, the NPRM has not been
                                                      [Docket No. USCG–2015–1127]
                                                                                                              On water viewing locations will be                     reviewed by the Office of Management
                                                                                                              placed both east and west of the air                   and Budget.
                                                      RIN 1625–AA00                                           show box to control vessel traffic during                 The Coast Guard has determined that
                                                                                                              the demonstration. Lake Champlain                      this rule is not a significant regulatory
                                                      Safety Zone; 2016 Wings Over Vermont                    Transportation Company will redirect                   action for the following reasons: The
                                                      Air Show, Lake Champlain, Burlington,                   the ferry route around the aeronautical                safety zone will be of limited duration
                                                      VT                                                      box so not to disrupt the safety zone                  and will only be in effect during a
                                                      AGENCY:   Coast Guard, DHS.                             during the enforcement period.                         portion of three days, it will allow
                                                                                                                The purpose of this rulemaking is to                 vessels to transit in waters directly
                                                      ACTION:   Notice of proposed rulemaking.
                                                                                                              ensure the safety of the spectator vessels             adjacent to the safety zone, and
                                                      SUMMARY:   The Coast Guard is proposing                 and other traffic using the navigable                  coordinated efforts have been made to
                                                      to establish a temporary safety zone for                waters near or around the designated                   direct the ferry traffic around the safety
                                                      an aerobatic demonstration over the                     aeronautical box. The Coast Guard                      zone so not to disrupt service on Lake
                                                      navigable waters of Lake Champlain                      proposes this rulemaking under                         Champlain. Additionally, maritime
                                                      along the shoreline in Burlington, VT.                  authority in 33 U.S.C. 1231.                           advisories will be posted in the Local
                                                      This temporary safety zone will be                                                                             Notice to Mariners and the Coast Guard
                                                                                                              III. Discussion of Proposed Rule                       will issue a Broadcast Notice to
                                                      necessary to protect spectators and
                                                      vessels from hazards associated with the                   The COTP proposes to establish a                    Mariners via VHF–FM marine Channel
                                                      air show. Entry into, transit through,                  safety zone for the Wings over Vermont                 16 prior to and during the entire
                                                      mooring or anchoring within this                        Air Show from 9 a.m. to 6 p.m. on                      duration of the enforcement period.
                                                      regulated area will be prohibited unless                August 12- 14, 2016 on Lake Champlain,
                                                                                                              along the shoreline of Burlington, VT.                 B. Impact on Small Entities
                                                      authorized by the Captain of the Port
                                                                                                              The safety zone would cover all                           The Regulatory Flexibility Act of
                                                      (COTP) Sector Northern New England                                                                             1980, 5 U.S.C. 601–612, as amended,
                                                      (SNNE). We invite your comments on                      navigable waters within an aeronautical
                                                                                                              box extending to and including the                     requires Federal agencies to consider
                                                      this proposed rulemaking.                                                                                      the potential impact of regulations on
                                                                                                              breakwater bounded by the following
                                                      DATES: Comments and related material                                                                           small entities during rulemaking. The
                                                                                                              coordinates: 44°29′24″ N./073°14′44″
                                                      must be received by the Coast Guard on                  W.; 44°29′24″ N./073°14′03″ W.;                        term ‘‘small entities’’ comprises small
                                                      or before June 20, 2016.                                44°28′56″ N./073°14′03″ W.; 44°28′50″                  businesses, not-for-profit organizations
                                                      ADDRESSES:  You may submit comments                     N./073°13′48″ W.; 44°28′12″ N./                        that are independently owned and
                                                      identified by docket number USCG–                       073°13′33″ W.; 44°27′47″ N./073°14′03″                 operated and are not dominant in their
                                                      2015–1127 using the Federal                             W.; 44°27′25″ N./073°14′03″ W.;                        fields, and governmental jurisdictions
                                                      eRulemaking Portal http://                              44°27′25″ N./073°14′44″ W. The                         with populations of less than 50,000.
                                                      www.regulations.gov. See the ‘‘Public                   duration of the zone is intended to                    The Coast Guard certifies under 5 U.S.C.
                                                      Participation and Request for                           ensure the safety of vessels and these                 605(b) that this proposed rule would not
                                                      Comments’’ portion of the                               navigable waters before, during, and                   have a significant economic impact on
                                                      SUPPLEMENTARY INFORMATION section for                   after the scheduled 10 a.m. to 5 p.m.                  a substantial number of small entities.
                                                      instructions on submitting comments.                    aerobatic displays. No vessel or person                   While some owners or operators of
                                                      FOR FURTHER INFORMATION CONTACT: If                     would be permitted to enter the safety                 vessels intending to transit the safety
                                                      you have questions about this proposed                  zone without obtaining permission from                 zone may be small entities, for the
                                                      rulemaking, call or email Chief Marine                  the COTP or a designated                               reasons stated in section IV.A this
                                                      Science Technician Chris Bains,                         representative. The regulatory text we                 proposed rule would not have a
                                                      Waterways Management Division at                        are proposing appears at the end of this               significant economic impact on any
                                                      Coast Guard Sector Northern New                         document.                                              vessel owner or operator.
                                                                                                                                                                        If you think that your business,
                                                      England, telephone (207) 347–5003, or                   IV. Regulatory Analyses                                organization, or governmental
                                                      email Chris.D.Bains@uscg.mil.
                                                                                                                We developed this proposed rule after                jurisdiction qualifies as a small entity
                                                      SUPPLEMENTARY INFORMATION:                                                                                     and that this rule would have a
                                                                                                              considering numerous statutes and
                                                      I. Table of Abbreviations                               Executive orders related to rulemaking.                significant economic impact on it,
                                                                                                              Below we summarize our analyses                        please submit a comment (see
                                                      CFR Code of Federal Regulations
                                                                                                              based on a number of these statutes and                ADDRESSES) explaining why you think it
                                                      DHS Department of Homeland Security
                                                      NPRM Notice of proposed rulemaking                      Executive Orders, and we discuss First                 qualifies and how and to what degree
                                                      Pub. L. Public Law                                      Amendment rights of protestors.                        this rule would economically affect it.
                                                                                                                                                                        Under section 213(a) of the Small
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                                                      § Section
                                                      U.S.C. United States Code
                                                                                                              A. Regulatory Planning and Review                      Business Regulatory Enforcement
                                                                                                                 Executive Orders 12866 and 13563                    Fairness Act of 1996 (Pub. L. 104–121),
                                                      II. Background, Purpose, and Legal                      direct agencies to assess the costs and                we want to assist small entities in
                                                      Basis                                                   benefits of available regulatory                       understanding this proposed rule. If the
                                                        On December 24, 2015, the Vermont                     alternatives and, if regulation is                     rule would affect your small business,
                                                      National Guard notified the Coast Guard                 necessary, to select regulatory                        organization, or governmental
                                                      that they will be holding the 2016                      approaches that maximize net benefits.                 jurisdiction and you have questions
                                                      Wings over Vermont Air Show on Lake                     Executive Order 13563 emphasizes the                   concerning its provisions or options for
                                                      Champlain along the shoreline of                        importance of quantifying both costs                   compliance, please contact the person


                                                 VerDate Sep<11>2014   17:42 Apr 18, 2016   Jkt 238001   PO 00000   Frm 00025   Fmt 4702   Sfmt 4702   E:\FR\FM\19APP1.SGM   19APP1


                                                                               Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules                                             22945

                                                      listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                   online docket at http://
                                                      CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                    www.regulations.gov and can be viewed
                                                      not retaliate against small entities that               preliminary determination that this                    by following that Web site’s
                                                      question or complain about this                         action is one of a category of actions that            instructions. Additionally, if you go to
                                                      proposed rule or any policy or action of                do not individually or cumulatively                    the online docket and sign up for email
                                                      the Coast Guard.                                        have a significant effect on the human                 alerts, you will be notified when
                                                                                                              environment. This proposed rule                        comments are posted or a final rule is
                                                      C. Collection of Information                            involves a safety zone lasting a portion               published.
                                                        This proposed rule would not call for                 of three days and would prohibit entry
                                                      a new collection of information under                   into without permission from the COTP.                 List of Subjects in 33 CFR Part 165
                                                      the Paperwork Reduction Act of 1995                     Normally such actions are categorically                  Harbors, Marine Safety, Navigation
                                                      (44 U.S.C. 3501–3520).                                  excluded from further review under                     (water), Reporting and record keeping
                                                                                                              paragraph 34 of figure 2–1 of                          requirements, Security Measures,
                                                      D. Federalism and Indian Tribal
                                                                                                              Commandant Instruction M16475.1D. A                    Waterways.
                                                      Governments
                                                                                                              preliminary environmental analysis                       For the reasons discussed in the
                                                         A rule has implications for federalism               checklist supporting this is available in              preamble, the Coast Guard proposes to
                                                      under Executive Order 13132,                            the docket where indicated under                       amend 33 CFR part 165 as follows:
                                                      Federalism, if it has a substantial direct              ADDRESSES. We seek any comments or
                                                      effect on the States, on the relationship               information that may lead to the                       PART 165—REGULATED NAVIGATION
                                                      between the national government and                     discovery of a significant environmental               AREAS AND LIMITED ACCESS AREAS
                                                      the States, or on the distribution of                   impact from this proposed rule.
                                                      power and responsibilities among the                                                                           ■ 1. The authority citation for part 165
                                                      various levels of government. We have                   G. Protest Activities                                  continues to read as follows:
                                                      analyzed this proposed rule under the                     The Coast Guard respects the First                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                      Order and have determined that it is                    Amendment rights of protesters.                        33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5 and
                                                      consistent with the fundamental                         Protesters are asked to contact the                    Department of Homeland Security Delegation
                                                      federalism principles and preemption                    person listed in the FOR FURTHER                       No. 0170.1
                                                      requirements described in Executive                     INFORMATION CONTACT section to                         ■ 2. Add § 165.T01–1127 to read as
                                                      Order 13132.                                            coordinate protest activities so that your             follows:
                                                         This proposed rule does not have                     message can be received without
                                                      tribal implications under Executive                     jeopardizing the safety or security of                 § 165.T01–1127 Safety Zone; 2016 Wings
                                                      Order 13175, Consultation and                           people, places, or vessels.                            Over Vermont Air Show, Lake Champlain;
                                                      Coordination with Indian Tribal                                                                                Burlington, VT
                                                      Governments, because it will not have a                 V. Public Participation and Request for                  (a) Location. The following area is a
                                                      substantial direct effect on one or more                Comments                                               Safety Zone: All navigable waters, from
                                                      Indian tribes, on the relationship                         We view public participation as                     surface to bottom, of Lake Champlain,
                                                      between the Federal Government and                      essential to effective rulemaking, and                 Burlington, VT, within an aeronautical
                                                      Indian tribes, or on the distribution of                will consider all comments and material                box extending to and including the
                                                      power and responsibilities between the                  received during the comment period.                    breakwater bounded by the following
                                                      Federal Government and Indian tribes.                   Your comment can help shape the                        coordinates: 44°29′24″ N./073°14′44″
                                                      If you believe this proposed rule has                   outcome of this rulemaking. If you                     W.; 44°29′24″ N./073°14′03″ W.;
                                                      implications for federalism or Indian                   submit a comment, please include the                   44°28′56″ N./073°14′03″ W.; 44°28′50″
                                                      tribes, please contact the person listed                docket number for this rulemaking,                     N./073°13′48″ W.; 44°28′12″ N./
                                                      in the FOR FURTHER INFORMATION                          indicate the specific section of this                  073°13′33″ W.; 44°27′47″ N./073°14′03″
                                                      CONTACT section above.                                  document to which each comment                         W.; 44°27′25″ N./073°14′03″ W.;
                                                                                                              applies, and provide a reason for each                 44°27′25″ N./073°14′44″ W.
                                                      E. Unfunded Mandates Reform Act                         suggestion or recommendation.                            (b) Effective and enforcement period.
                                                         The Unfunded Mandates Reform Act                        We encourage you to submit                          This rule would be effective and would
                                                      of 1995 (2 U.S.C. 1531–1538) requires                   comments through the Federal                           be enforced with actual notice from 9
                                                      Federal agencies to assess the effects of               eRulemaking Portal at http://                          a.m. until 6 p.m. on August 12–14,
                                                      their discretionary regulatory actions. In              www.regulations.gov. If your material                  2016.
                                                      particular, the Act addresses actions                   cannot be submitted using http://                        (c) Regulations. (1) The general
                                                      that may result in the expenditure by a                 www.regulations.gov, contact the person                regulations contained in 33 CFR 165.23
                                                      State, local, or tribal government, in the              in the FOR FURTHER INFORMATION                         apply. During the enforcement period,
                                                      aggregate, or by the private sector of                  CONTACT section of this document for                   entry into, transiting, mooring,
                                                      $100,000,000 (adjusted for inflation) or                alternate instructions.                                anchoring or remaining within this
                                                      more in any one year. Though this                          We accept anonymous comments. All                   safety zone is prohibited unless
                                                      proposed rule would not result in such                  comments received will be posted                       authorized by the Captain of the Port or
                                                      an expenditure, we do discuss the                       without change to http://                              his designated representatives.
                                                      effects of this rule elsewhere in this                  www.regulations.gov and will include                     (2) Vessel operators given permission
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                                                      preamble.                                               any personal information you have                      to enter or operate in the safety zone
                                                                                                              provided. For more about privacy and                   must comply with all directions given to
                                                      F. Environment                                          the docket, you may review a Privacy                   them by the Captain of the Port or his
                                                        We have analyzed this proposed rule                   Act notice regarding the Federal Docket                designated representatives.
                                                      under Department of Homeland                            Management System in the March 24,                       (3) Persons and vessels may request
                                                      Security Management Directive 023–01                    2005, issue of the Federal Register (70                permission to enter the safety zone by
                                                      and Commandant Instruction                              FR 15086).                                             contacting the COTP or the COTP’s
                                                      M16475.lD, which guide the Coast                           Documents mentioned in this notice,                 designated representative on VHF–16 or
                                                      Guard in complying with the National                    and all public comments, are in our                    via phone at 207–767–0303.


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                                                      22946                    Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules

                                                         (4) The ‘‘designated representative’’ is             FOR FURTHER INFORMATION CONTACT:   If                  proposes this rulemaking under
                                                      any Coast Guard commissioned,                           you have questions about this proposed                 authority in 33 U.S.C. 1231; 50 U.S.C.
                                                      warrant, or petty officer who has been                  rulemaking, call or email Lieutenant                   191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–
                                                      designated by the Captain of the Port to                Junior Grade Christina Ramirez, U.S.                   6, 160.5; Department of Homeland
                                                      act on his behalf. The on-scene                         Coast Guard Sector San Francisco;                      Security Delegation No. 0170.1.
                                                      representative may be on a Coast Guard                  telephone 415–399–3585, email D11-PF-                  IV. Regulatory Analyses
                                                      vessel, a Coast Guard Auxiliary vessel,                 MarineEvents@uscg.mil.
                                                      or onboard a local or state agency vessel               SUPPLEMENTARY INFORMATION:
                                                                                                                                                                       We developed this proposed rule after
                                                      that is authorized to act in support of                                                                        considering numerous statutes and
                                                      the Coast Guard. Additionally, the Coast                I. Table of Abbreviations                              Executive orders related to rulemaking.
                                                      Guard Auxiliary may be present to                       CFR Code of Federal Regulations                        Below we summarize our analyses
                                                      inform vessel operators of this                         COTP Captain of the Port                               based on a number of these statutes and
                                                      regulation.                                             DHS Department of Homeland Security                    Executive orders and we discuss First
                                                         (5) Upon being hailed by a U.S. Coast                FR Federal Register                                    Amendment rights of protestors.
                                                      Guard vessel by siren, radio, flashing                  NPRM Notice of proposed rulemaking
                                                                                                              PATCOM Patrol Commander                                A. Regulatory Planning and Review
                                                      light or other means, the operator of the
                                                      vessel must proceed as directed.                        § Section                                                 Executive Orders 12866 and 13563
                                                                                                              U.S.C. United States Code                              direct agencies to assess the costs and
                                                        Dated: March 16, 2016.
                                                                                                              II. Background, Purpose, and Legal                     benefits of available regulatory
                                                      M.A. Baroody,
                                                                                                              Basis                                                  alternatives and, if regulation is
                                                      Captain, U.S. Coast Guard, Captain of the                                                                      necessary, to select regulatory
                                                      Port, Sector Northern New England.                         The Coast Guard is conducting this                  approaches that maximize net benefits.
                                                      [FR Doc. 2016–09033 Filed 4–18–16; 8:45 am]             rulemaking under the authority of 33                   Executive Order 13563 emphasizes the
                                                      BILLING CODE 9110–04–P                                  U.S.C. 1231. Fireworks displays are held               importance of quantifying both costs
                                                                                                              annually on a recurring basis on the                   and benefits, of reducing costs, of
                                                                                                              navigable waters within the COTP San                   harmonizing rules, and of promoting
                                                      DEPARTMENT OF HOMELAND                                  Francisco zone. Three of the annual                    flexibility. This NPRM has not been
                                                      SECURITY                                                fireworks events that require safety                   designated a ‘‘significant regulatory
                                                                                                              zones do not currently reflect the                     action,’’ under Executive Order 12866.
                                                      Coast Guard                                             accurate location of the respective                    Accordingly, the NPRM has not been
                                                                                                              display sites. These safety zones are                  reviewed by the Office of Management
                                                      33 CFR Part 165
                                                                                                              necessary to provide for the safety of the             and Budget.
                                                      [Docket Number USCG–2016–0154]                          crew, spectators, participants of the                     This regulatory action determination
                                                      RIN 1625–AA00
                                                                                                              event, participating vessels, and other                is based on the size, location, duration,
                                                                                                              users and vessels of the waterway from                 and time-of-day of each safety zone.
                                                      Safety Zones; San Francisco, CA                         the hazards associated with firework                   Vessel traffic would be able to safely
                                                                                                              displays. The effect of these proposed                 transit around each safety zone which
                                                      AGENCY:   Coast Guard, DHS.                             safety zones will be to restrict general               would impact a small designated area of
                                                      ACTION:   Notice of proposed rulemaking.                navigation in the vicinity of the events,              the COTP San Francisco zone for less
                                                                                                              from the start of each event until the                 than 1 hour during the evening when
                                                      SUMMARY:   The Coast Guard proposes to
                                                                                                              conclusion of that event. Except for the               vessel traffic is normally low. Moreover,
                                                      amend several permanent safety zones
                                                                                                              persons or vessels authorized by the                   the Coast Guard would issue a Local
                                                      located in the Captain of the Port San
                                                                                                              COTP San Francisco or a designated                     Notice to Mariner and Broadcast Notice
                                                      Francisco zone that are established to
                                                                                                              representative, no person or vessel may                to Mariners via VHF–FM marine
                                                      protect public safety during annual
                                                                                                              enter or remain in the regulated area.                 channel 16 about the zone, and the rule
                                                      firework displays. These amendments
                                                                                                              These regulations are needed to keep                   would allow vessels to seek permission
                                                      will update listed events to accurately
                                                                                                              spectators and vessels a safe distance                 to enter the zones.
                                                      reflect the firework display locations.
                                                                                                              away from the fireworks displays to
                                                      This proposed rulemaking would limit                                                                           B. Impact on Small Entities
                                                                                                              ensure the safety of participants,
                                                      the movement of vessels within the
                                                                                                              spectators, and transiting vessels.                       The Regulatory Flexibility Act of
                                                      established firework display areas
                                                                                                                                                                     1980, 5 U.S.C. 601–612, as amended,
                                                      unless authorized by the Captain of the                 III. Discussion of Proposed Rule
                                                                                                                                                                     requires Federal agencies to consider
                                                      Port (COTP) San Francisco or a                             The Coast Guard has reviewed 33 CFR                 the potential impact of regulations on
                                                      designated representative. We invite                    165.1191for accuracy. The Coast Guard                  small entities during rulemaking. The
                                                      your comments on this proposed                          is proposing to amend Table 1 in § 1191                term ‘‘small entities’’ comprises small
                                                      rulemaking.                                             to update three events to reflect the                  businesses, not-for-profit organizations
                                                      DATES: Comments and related material                    current event locations. These events                  that are independently owned and
                                                      must be received by the Coast Guard on                  are listed numerically in Table 1 of this              operated and are not dominant in their
                                                      or before May 19, 2016.                                 section: (7), (8), (22). The display                   fields, and governmental jurisdictions
                                                      ADDRESSES: You may submit comments                      locations currently listed have been                   with populations of less than 50,000.
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                                                      identified by docket number USCG–                       deemed undesirable or hazardous by the                 The Coast Guard certifies under 5 U.S.C.
                                                      2016–0154 using the Federal                             event sponsors. The COTP San                           605(b) that this proposed rule would not
                                                      eRulemaking Portal at http://                           Francisco has determined that potential                have a significant economic impact on
                                                      www.regulations.gov. See the ‘‘Public                   hazards associated with the current                    a substantial number of small entities.
                                                      Participation and Request for                           fireworks locations would be a safety                     While some owners or operators of
                                                      Comments’’ portion of the                               concern for event crew, spectators,                    vessels intending to transit the safety
                                                      SUPPLEMENTARY INFORMATION section for                   participants of the event, participating               zone may be small entities, for the
                                                      further instructions on submitting                      vessels, and other users and vessels of                reasons stated in section IV.A above this
                                                      comments.                                               the waterway. The Coast Guard                          proposed rule would not have a


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Document Created: 2016-04-19 00:16:16
Document Modified: 2016-04-19 00:16:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before June 20, 2016.
ContactIf you have questions about this proposed 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]
FR Citation81 FR 22944 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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