81_FR_52491 81 FR 52339 - Safety Zone; 2016 Wings Over Vermont Air Show, Lake Champlain, Burlington, VT

81 FR 52339 - Safety Zone; 2016 Wings Over Vermont Air Show, Lake Champlain, Burlington, VT

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 152 (August 8, 2016)

Page Range52339-52341
FR Document2016-18535

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).

Federal Register, Volume 81 Issue 152 (Monday, August 8, 2016)
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Rules and Regulations]
[Pages 52339-52341]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18535]


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

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.

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

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]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations                                        52339

                                               Dated: July 19, 2016.                                 designated on-scene representative may                SUPPLEMENTARY INFORMATION:
                                             A.E. Tucci,                                             be contacted via VHF Channel 16.
                                                                                                       This notice is issued under authority               I. Table of Abbreviations
                                             Captain, U.S. Coast Guard, Captain of the
                                             Port Sector Long Island Sound.                          of 33 CFR 165.943 and 5 U.S.C. 552(a).
                                                                                                                                                           CFR Code of Federal Regulations
                                             [FR Doc. 2016–18641 Filed 8–5–16; 8:45 am]              In addition to this notice in the Federal
                                                                                                                                                           DHS Department of Homeland Security
                                             BILLING CODE 9110–04–P                                  Register, the Coast Guard will provide                FR Federal Register
                                                                                                     the maritime community with advance                   NPRM Notice of proposed rulemaking
                                                                                                     notification of the enforcement of this               § Section
                                             DEPARTMENT OF HOMELAND                                  safety zone via Broadcast Notice to                   SLR Special Local Regulation
                                             SECURITY                                                Mariners.                                             U.S.C. United States Code
                                                                                                       Dated: July 29, 2016.                               COTP Captain of the Port
                                             Coast Guard
                                                                                                     E. E. Williams,                                       NPRM Notice of Proposed Rulemaking
                                             33 CFR Part 165                                         Commander, U.S. Coast Guard, Captain of
                                                                                                     the Port, Duluth.                                     II. Background Information and
                                             [Docket No. USCG–2016–0709]                             [FR Doc. 2016–18480 Filed 8–5–16; 8:45 am]            Regulatory History
                                                                                                     BILLING CODE 9110–04–P
                                             Safety Zones; Point to LaPointe Swim,                                                                           On April 19, 2016, the Coast Guard
                                             Lake Superior, LaPointe, WI                                                                                   published an NPRM in the Federal
                                                                                                     DEPARTMENT OF HOMELAND                                Register titled 2016 Wings over
                                             AGENCY:  Coast Guard, DHS.                                                                                    Vermont Air Show (81 FR 22944). There
                                             ACTION: Notice of enforcement of
                                                                                                     SECURITY
                                                                                                                                                           we stated why we issued the NPRM,
                                             regulation.                                             Coast Guard                                           and invited comments on our proposed
                                             SUMMARY:   The Coast Guard will enforce                                                                       regulatory action. No public comments
                                             the Safety Zone for the Point to LaPointe               33 CFR Part 165                                       or request for a public meeting were
                                             Swim in LaPointe, WI on August 6,                                                                             received during the NPRM process.
                                                                                                     [Docket No. USCG–2015–1127]
                                             2016. This action is necessary to protect                                                                     III. Legal Authority and Need for Rule
                                                                                                     RIN 1625–AA00
                                             participants and spectators during the
                                             Point to LaPointe Swim in Lake                                                                                   The Coast Guard is issuing this rule
                                                                                                     Safety Zone; 2016 Wings Over Vermont
                                             Superior between Bayfield, WI and                                                                             under authority in 33 U.S.C. 1231. The
                                                                                                     Air Show, Lake Champlain, Burlington,
                                             LaPointe, WI. During the enforcement                                                                          COTP is establishing a safety zone for
                                                                                                     VT
                                             period, entry into, transiting, or                                                                            the Wings over Vermont Air Show from
                                             anchoring within the safety zone is                     AGENCY:    Coast Guard, DHS.                          9 a.m. to 6 p.m. on August 12–14, 2016
                                             prohibited unless authorized by the                     ACTION:   Temporary final rule.                       on Lake Champlain, along the shoreline
                                             Captain of the Port Duluth or his                                                                             of Burlington, VT. The safety zone will
                                             designated on-scene representative.                     SUMMARY:   The Coast Guard is                         cover all navigable waters, extending to
                                             DATES: The regulations in 33 CFR                        establishing a temporary safety zone for              and including the breakwater bounded
                                             165.943(b) will be enforced from 7:15                   an aerobatic demonstration over the                   by the following coordinates: 44°29′24″
                                             a.m. through 10:15 a.m. on August 6,                    navigable waters of Lake Champlain                    N./073°14′44″ W.; 44°29′24″ N./
                                             2016.                                                   along the shoreline in Burlington, VT.                073°14′03″ W.; 44°28′56″ N./073°14′03″
                                                                                                     This temporary safety zone will be                    W.; 44°28′50″ N./073°13′48″ W.;
                                             FOR FURTHER INFORMATION CONTACT:      If                necessary to protect spectators and                   44°28′12″ N./073°13′33″ W.; 44°27′47″
                                             you have questions about this notice of                 vessels from hazards associated with the              N./073°14′03″ W.; 44°27′25″ N./
                                             enforcement, call or email Lieutenant                   air show. Entry into, transit through,                073°14′03″ W.; 44°27′25″ N./073°14′44″
                                             Junior Grade John Mack, Waterways                       mooring or anchoring within this                      W. The duration of the zone is intended
                                             Management Division, Coast Guard;                       regulated area will be prohibited unless              to ensure the safety of vessels and these
                                             telephone (218) 725–3818, email                         authorized by the Captain of the Port                 navigable waters before, during, and
                                             John.V.Mack@uscg.mil                                    (COTP) Sector Northern New England                    after the scheduled 10 a.m. to 5 p.m.
                                             SUPPLEMENTARY INFORMATION: The Coast                    (SNNE).                                               aerobatic displays. No vessel or person
                                             Guard will enforce a safety zone for the                                                                      will be permitted to enter the safety
                                             annual Point to LaPointe Swim in 33                     DATES: This rule is effective from 9 a.m.
                                                                                                     on August 12, 2014, through 6 p.m. on                 zone without obtaining permission from
                                             CFR 165.943(a)(7) from 7:15 a.m. until                                                                        the COTP or a designated
                                             10:15 p.m. August 6, 2016. This safety                  August 14, 2016.
                                                                                                     ADDRESSES: To view documents
                                                                                                                                                           representative. The regulatory text
                                             zone will include all waters between                                                                          appears at the end of this document.
                                             Bayfield, WI and Madeline Island, WI                    mentioned in this preamble as being
                                             within an imaginary line created by the                 available in the docket, go to http://                   The purpose of this rulemaking is to
                                             following coordinates: 46°48′50.97″ N.,                 www.regulations.gov, type USCG–                       ensure the safety of spectator vessels
                                             090°48′44.28″ W., moving southeast to                   USCG–2015–1127 in the ‘‘SEARCH’’                      and other traffic using the navigable
                                             46°46′44.90″ N., 090°47′33.21″ W., then                 box and click ‘‘SEARCH.’’ Click on                    waters near or around the designated
                                             moving northeast to 46°46′52.51″ N.,                    Open Docket Folder on the line                        aeronautical box.
                                             090°47′17.14″ W., then moving                           associated with this rule.
                                                                                                                                                           IV. Regulatory Analyses
                                             northwest to 46°49′03.23″ N.,                           FOR FURTHER INFORMATION CONTACT: If
                                             090°48′25.12″ W. and finally running                    you have questions about this                           We developed this rule after
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                                             back to the starting point.                             rulemaking, call or email Chief Marine                considering numerous statutes and
                                                Entry into, transiting, or anchoring                 Science Technician Chris Bains,                       executive orders related to rulemaking.
                                             within the safety zone is prohibited                    Waterways Management Division at                      Below we summarize our analyses
                                             unless authorized by the Captain of the                 Coast Guard Sector Northern New                       based on a number of these statutes and
                                             Port Duluth or his designated on-scene                  England, telephone (207) 347–5003, or                 executive orders, and we discuss First
                                             representative. The Captain of the Port’s               email Chris.D.Bains@uscg.mil.                         Amendment rights of protestors.


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                                             52340              Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations

                                             A. Regulatory Planning and Review                       compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                Executive Orders 12866 and 13563                     listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                                                                     CONTACT section.                                      would not result in such an
                                             direct agencies to assess the costs and
                                                                                                        Small businesses may send comments                 expenditure, we do discuss the effects of
                                             benefits of available regulatory
                                                                                                     on the actions of Federal employees                   this rule elsewhere in this preamble.
                                             alternatives and, if regulation is
                                                                                                     who enforce, or otherwise determine
                                             necessary, to select regulatory                                                                               F. Environment
                                                                                                     compliance with, Federal regulations to
                                             approaches that maximize net benefits.
                                                                                                     the Small Business and Agriculture                       We have analyzed this rule under
                                             Executive Order 13563 emphasizes the
                                                                                                     Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                             importance of quantifying both costs
                                                                                                     and the Regional Small Business                       Management Directive 023–01 and
                                             and benefits, of reducing costs, of
                                                                                                     Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                             harmonizing rules, and of promoting
                                                                                                     Ombudsman evaluates these actions                     which guide the Coast Guard in
                                             flexibility. This rule has not been
                                                                                                     annually and rates each agency’s                      complying with the National
                                             designated a ‘‘significant regulatory
                                                                                                     responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                             action,’’ under Executive Order 12866.
                                                                                                     wish to comment on actions by                         U.S.C. 4321–4370f), and have made a
                                             Accordingly, the rule has not been
                                                                                                     employees of the Coast Guard, call 1–                 determination that this action is one of
                                             reviewed by the Office of Management
                                                                                                     888–REG–FAIR (1–888–734–3247). The                    a category of actions that do not
                                             and Budget.
                                                                                                     Coast Guard will not retaliate against                individually or cumulatively have a
                                                The Coast Guard has determined that
                                                                                                     small entities that question or complain              significant effect on the human
                                             this rule is not a significant regulatory
                                                                                                     about this rule or any policy or action               environment. This rule involves a safety
                                             action for the following reasons: The
                                                                                                     of the Coast Guard.                                   zone lasting a portion of three days and
                                             safety zone will be of limited duration
                                             and will only be in effect during a                     C. Collection of Information                          will prohibit entry into without
                                             portion of three days, it will allow                      This rule will not call for a new                   permission from the COTP. Normally
                                             vessels to transit in waters directly                   collection of information under the                   such actions are categorically excluded
                                             adjacent to the safety zone, and                        Paperwork Reduction Act of 1995 (44                   from further review under paragraph 34
                                             coordinated efforts have been made to                   U.S.C. 3501–3520).                                    of figure 2–1 of Commandant
                                             direct ferry traffic around the safety                                                                        Instruction M16475.1D. A preliminary
                                             zone so not to disrupt regularly                        D. Federalism and Indian Tribal                       environmental analysis checklist
                                             scheduled ferry service on Lake                         Governments                                           supporting this is available in the
                                             Champlain. Additionally, maritime                          A rule has implications for federalism             docket where indicated under
                                             advisories will be posted in the Local                  under Executive Order 13132,                          ADDRESSES. We seek any comments or
                                             Notice to Mariners and the Coast Guard                  Federalism, if it has a substantial direct            information that may lead to the
                                             will issue a Broadcast Notice to                        effect on the States, on the relationship             discovery of a significant environmental
                                             Mariners via VHF–FM marine Channel                      between the national government and                   impact from this rule.
                                             16 prior to and during the entire                       the States, or on the distribution of                 G. Protest Activities
                                             duration of the enforcement period.                     power and responsibilities among the
                                             B. Impact on Small Entities                             various levels of government. We have                   The Coast Guard respects the First
                                                                                                     analyzed this rule under the Order and                Amendment rights of protesters.
                                                The Regulatory Flexibility Act of                    have determined that it is consistent                 Protesters are asked to contact the
                                             1980, 5 U.S.C. 601–612, as amended,                     with the fundamental federalism                       person listed in the FOR FURTHER
                                             requires Federal agencies to consider                   principles and preemption requirements                INFORMATION CONTACT section to
                                             the potential impact of regulations on                  described in Executive Order 13132.                   coordinate protest activities so that your
                                             small entities during rulemaking. The                      Also, this rule does not have tribal               message can be received without
                                             term ‘‘small entities’’ comprises small                 implications under Executive Order                    jeopardizing the safety or security of
                                             businesses, not-for-profit organizations                13175, Consultation and Coordination                  people, places, or vessels.
                                             that are independently owned and                        with Indian Tribal Governments,
                                             operated and are not dominant in their                  because it will not have a substantial                List of Subjects in 33 CFR Part 165
                                             fields, and governmental jurisdictions                  direct effect on one or more Indian
                                             with populations of less than 50,000.                                                                           Harbors, Marine safety, Navigation
                                                                                                     tribes, on the relationship between the
                                             The Coast Guard certifies under 5 U.S.C.                                                                      (water), Reporting and record keeping
                                                                                                     Federal Government and Indian tribes,
                                             605(b) that this rule will not have a                                                                         requirements, Security measures,
                                                                                                     or on the distribution of power and
                                             significant economic impact on a                                                                              Waterways.
                                                                                                     responsibilities between the Federal
                                             substantial number of small entities.                   Government and Indian tribes. If you                    For the reasons discussed in the
                                                While some owners or operators of                    believe this rule has implications for                preamble, the Coast Guard proposes to
                                             vessels intending to transit the safety                 federalism or Indian tribes, please                   amend 33 CFR part 165 as follows:
                                             zone may be small entities, for the                     contact the person listed in the FOR
                                             reasons stated in section IV.A this rule                FURTHER INFORMATION CONTACT section                   PART 165—REGULATED NAVIGATION
                                             will not have a significant economic                    above.                                                AREAS AND LIMITED ACCESS AREAS
                                             impact on any vessel owner or operator.
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                           ■ 1. The authority citation for part 165
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    continues to read as follows:
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires
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                                                                                                                                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             we want to assist small entities in                     Federal agencies to assess the effects of
                                                                                                                                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5 and
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In
                                                                                                                                                           Department of Homeland Security Delegation
                                             would affect your small business,                       particular, the Act addresses actions
                                                                                                                                                           No. 0170.1
                                             organization, or governmental                           that may result in the expenditure by a
                                             jurisdiction and you have questions                     State, local, or tribal government, in the            ■ 2. Add § 165.T01–1127 to read as
                                             concerning its provisions or options for                aggregate, or by the private sector of                follows:


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                                                                Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations                                        52341

                                             § 165.T01–1127 Safety Zone; 2016 Wings                  DEPARTMENT OF EDUCATION                               21985) (2011 NFP) and the 2013 notice
                                             Over Vermont Air Show, Lake Champlain;                                                                        of final priorities, requirement,
                                             Burlington, VT.                                         34 CFR Chapter II                                     definitions, and selection criteria for
                                                (a) Location. The following area is a                [Docket ID ED–2016–OESE–0004; CFDA                    this program (78 FR 31343) (2013 NFP).
                                                                                                     Number: 84.368A.]                                       Public Comment: In response to our
                                             Safety Zone: All navigable waters, from
                                                                                                                                                           invitation in the NPP, eight parties
                                             surface to bottom, of Lake Champlain,
                                                                                                     Final Priorities—Enhanced                             submitted comments on the proposed
                                             Burlington, VT, within an aeronautical
                                                                                                     Assessment Instruments                                priorities.
                                             box extending to and including the                                                                              We group major issues according to
                                             breakwater bounded by the following                     AGENCY:  Office of Elementary and                     subject. Generally, we do not address
                                             coordinates: 44°29′24″ N./073°14′44″                    Secondary Education, Department of                    technical and other minor changes.
                                             W.; 44°29′24″ N./073°14′03″ W.;                         Education.                                              Analysis of Comments and Changes:
                                             44°28′56″ N./073°14′03″ W.; 44°28′50″                   ACTION: Final priorities.                             An analysis of the comments and of any
                                             N./073°13′48″ W.; 44°28′12″ N./                                                                               changes in the priorities since
                                             073°13′33″ W.; 44°27′47″ N./073°14′03″                  SUMMARY:   The Assistant Secretary for                publication of the NPP follows.
                                             W.; 44°27′25″ N./073°14′03″ W.;                         Elementary and Secondary Education
                                                                                                     announces priorities under the                        General
                                             44°27′25″ N./073°14′44″ W.
                                                                                                     Enhanced Assessment Instruments                         Comment: Five commenters
                                                (b) Enforcement period. This safety                  Grant program, also called the Enhanced               expressed support for the proposed
                                             zone described in paragraph (a) above                   Assessment Grants (EAG) program. The                  priorities and noted the potential for
                                             will be enforced from 9 a.m. until 6 p.m.               Assistant Secretary may use one or more               grants awarded under the EAG program
                                             on August 12–14, 2016.                                  of these priorities for competitions using            to improve State assessment systems.
                                                (c) Regulations. (1) The general                     funds from fiscal year (FY) 2016 and                  Three commenters expressed views on
                                             regulations contained in 33 CFR 165.23                  later years. These priorities are designed            how the Department should distribute
                                             apply. During the enforcement period,                   to support projects to improve States’                awards across priorities under the EAG
                                             entry into, transiting, mooring,                        assessment systems.                                   program. One commenter strongly
                                             anchoring or remaining within this                      DATES: These priorities are effective                 recommended that Priority 2 be
                                             safety zone is prohibited unless                        September 7, 2016.                                    designated as an absolute priority in the
                                             authorized by the Captain of the Port or                FOR FURTHER INFORMATION CONTACT:                      EAG competition.
                                             his designated representatives.                         Donald Peasley, U.S. Department of                      Discussion: We appreciate the support
                                                                                                     Education, 400 Maryland Avenue SW.,                   for these priorities and agree that
                                                (2) Vessel operators given permission                                                                      projects funded under them will
                                             to enter or operate in the safety zone                  Room 3E124, Washington, DC 20202.
                                                                                                     Telephone: (202) 453–7982 or by email:                support States in continuously
                                             must comply with all directions given to                                                                      improving their assessment systems to
                                             them by the Captain of the Port or his                  donald.peasley@ed.gov.
                                                                                                        If you use a telecommunications                    measure college- and career-readiness.
                                             designated representatives.                                                                                   This notice establishes priorities that
                                                                                                     device for the deaf (TDD) or a text
                                                (3) Persons and vessels may request                  telephone (TTY), call the Federal Relay               can be used in any future competition,
                                             permission to enter the safety zone by                  Service (FRS), toll free, at 1–800–877–               but does not establish how those
                                             contacting the COTP or the COTP’s                       8339.                                                 priorities are designated in any
                                             designated representative on VHF–16 or                                                                        particular competition. For the
                                                                                                     SUPPLEMENTARY INFORMATION:                            competition funded with FY 2016
                                             via phone at 207–767–0303.
                                                                                                        Purpose of Program: The purpose of                 funds, as announced in the notice
                                                (4) The ‘‘designated representative’’ is             the EAG program is to enhance the                     inviting applications published
                                             any Coast Guard commissioned,                           quality of assessment instruments and                 elsewhere in this issue of the Federal
                                             warrant, or petty officer who has been                  assessment systems used by States for                 Register, Priorities 1, 2, and 3 will be
                                             designated by the Captain of the Port to                measuring the academic achievement of                 competitive preference priorities. The
                                             act on his behalf. The on-scene                         elementary and secondary school                       grant application and competition
                                             representative may be on a Coast Guard                  students.                                             process will determine the number and
                                             vessel, a Coast Guard Auxiliary vessel,                    Program Authority: Section 6112 of                 types of projects funded under each
                                             or onboard a local or state agency vessel               the Elementary and Secondary                          priority.
                                             that is authorized to act in support of                 Education Act of 1965 (ESEA), as                        Changes: None.
                                             the Coast Guard. Additionally, the Coast                amended by the No Child Left Behind                     Comment: One commenter
                                             Guard Auxiliary may be present to                       Act of 2001 (NCLB), and section                       encouraged the Department to consider
                                             inform vessel operators of this                         1203(b)(1) of the ESEA, as amended by                 requiring content developed under
                                             regulation.                                             the Every Student Succeeds Act (Pub. L.               proposed projects to be made freely
                                                                                                     114–95) (ESSA).                                       available to others. This commenter
                                                (5) Upon being hailed by a U.S. Coast                   We published a notice of proposed                  noted that, even if content is made
                                             Guard vessel by siren, radio, flashing                  priorities for this program in the Federal            publicly available, it is not always
                                             light or other means, the operator of the               Register on April 18, 2016 (81 FR                     accessible due to the use of proprietary
                                             vessel must proceed as directed.                        22550) (NPP). That notice contained                   software or applications.
                                               Dated: July 13, 2016.                                 background information and our reasons                  Discussion: We recognize the benefit
                                             M.A. Baroody,                                           for proposing the particular priorities.              of sharing work developed under the
                                                                                                        Except for minor revisions, there are              EAG program to serve as models and
rmajette on DSK2TPTVN1PROD with RULES




                                             Captain, U.S. Coast Guard, Captain of the
                                                                                                     no differences between the proposed                   resources for other States, which is why
                                             Port, Sector Northern New England.
                                                                                                     priorities and these final priorities.                Priorities 1 and 2 require an applicant
                                             [FR Doc. 2016–18535 Filed 8–5–16; 8:45 am]
                                                                                                        These priorities are for use in addition           responding to them to provide a
                                             BILLING CODE 9110–04–P                                  to those published in the 2011 notice of              dissemination plan. Sharing resources
                                                                                                     final priorities, requirements,                       and lessons learned from grantees is a
                                                                                                     definitions, and selection criteria (76 FR            key goal of the grant program.


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Document Created: 2016-08-06 03:07:54
Document Modified: 2016-08-06 03:07:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 9 a.m. on August 12, 2014, through 6 p.m. on August 14, 2016.
ContactIf 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]
FR Citation81 FR 52339 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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