Safety Zone; 2016 Wings Over Vermont Air Show, Lake Champlain, Burlington, VT, 52339-52341 [2016-18535]

Download as PDF Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations Dated: July 19, 2016. A.E. Tucci, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. designated on-scene representative may be contacted via VHF Channel 16. This notice is issued under authority of 33 CFR 165.943 and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with advance notification of the enforcement of this safety zone via Broadcast Notice to Mariners. [FR Doc. 2016–18641 Filed 8–5–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Dated: July 29, 2016. E. E. Williams, Commander, U.S. Coast Guard, Captain of the Port, Duluth. Coast Guard 33 CFR Part 165 [Docket No. USCG–2016–0709] [FR Doc. 2016–18480 Filed 8–5–16; 8:45 am] Safety Zones; Point to LaPointe Swim, Lake Superior, LaPointe, WI BILLING CODE 9110–04–P Coast Guard, DHS. ACTION: Notice of enforcement of regulation. DEPARTMENT OF HOMELAND SECURITY AGENCY: Coast Guard The Coast Guard will enforce the Safety Zone for the Point to LaPointe Swim in LaPointe, WI on August 6, 2016. This action is necessary to protect participants and spectators during the Point to LaPointe Swim in Lake Superior between Bayfield, WI and LaPointe, WI. During the enforcement period, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Duluth or his designated on-scene representative. DATES: The regulations in 33 CFR 165.943(b) will be enforced from 7:15 a.m. through 10:15 a.m. on August 6, 2016. SUMMARY: If you have questions about this notice of enforcement, call or email Lieutenant Junior Grade John Mack, Waterways Management Division, Coast Guard; telephone (218) 725–3818, email John.V.Mack@uscg.mil SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone for the annual Point to LaPointe Swim in 33 CFR 165.943(a)(7) from 7:15 a.m. until 10:15 p.m. August 6, 2016. This safety zone will include all waters between Bayfield, WI and Madeline Island, WI within an imaginary line created by the following coordinates: 46°48′50.97″ N., 090°48′44.28″ W., moving southeast to 46°46′44.90″ N., 090°47′33.21″ W., then moving northeast to 46°46′52.51″ N., 090°47′17.14″ W., then moving northwest to 46°49′03.23″ N., 090°48′25.12″ W. and finally running back to the starting point. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Duluth or his designated on-scene representative. The Captain of the Port’s rmajette on DSK2TPTVN1PROD with RULES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 13:12 Aug 05, 2016 Jkt 238001 33 CFR Part 165 [Docket No. USCG–2015–1127] Safety Zone; 2016 Wings Over Vermont Air Show, Lake Champlain, Burlington, VT Coast Guard, DHS. Temporary final rule. AGENCY: 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). SUMMARY: 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 Chris.D.Bains@uscg.mil. DATES: PO 00000 Frm 00015 Fmt 4700 SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § 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 RIN 1625–AA00 ACTION: 52339 Sfmt 4700 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°29′24″ N./073°14′44″ W.; 44°29′24″ N./ 073°14′03″ W.; 44°28′56″ N./073°14′03″ W.; 44°28′50″ N./073°13′48″ W.; 44°28′12″ N./073°13′33″ W.; 44°27′47″ N./073°14′03″ W.; 44°27′25″ N./ 073°14′03″ W.; 44°27′25″ N./073°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. E:\FR\FM\08AUR1.SGM 08AUR1 52340 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations 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. rmajette on DSK2TPTVN1PROD with RULES 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 VerDate Sep<11>2014 13:12 Aug 05, 2016 Jkt 238001 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 $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 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 2. Add § 165.T01–1127 to read as follows: ■ E:\FR\FM\08AUR1.SGM 08AUR1 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations DEPARTMENT OF EDUCATION (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°29′24″ N./073°14′44″ W.; 44°29′24″ N./073°14′03″ W.; 44°28′56″ N./073°14′03″ W.; 44°28′50″ N./073°13′48″ W.; 44°28′12″ N./ 073°13′33″ W.; 44°27′47″ N./073°14′03″ W.; 44°27′25″ N./073°14′03″ W.; 44°27′25″ N./073°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. rmajette on DSK2TPTVN1PROD with RULES § 165.T01–1127 Safety Zone; 2016 Wings Over Vermont Air Show, Lake Champlain; Burlington, VT. [Docket ID ED–2016–OESE–0004; CFDA Number: 84.368A.] 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 VerDate Sep<11>2014 13:12 Aug 05, 2016 Jkt 238001 34 CFR Chapter II Final Priorities—Enhanced Assessment Instruments Office of Elementary and Secondary Education, Department of Education. ACTION: Final priorities. AGENCY: The Assistant Secretary for Elementary and Secondary Education announces priorities under the Enhanced Assessment Instruments Grant program, also called the Enhanced Assessment Grants (EAG) program. The Assistant Secretary may use one or more of these priorities for competitions using funds from fiscal year (FY) 2016 and later years. These priorities are designed to support projects to improve States’ assessment systems. DATES: These priorities are effective September 7, 2016. FOR FURTHER INFORMATION CONTACT: Donald Peasley, U.S. Department of Education, 400 Maryland Avenue SW., Room 3E124, Washington, DC 20202. Telephone: (202) 453–7982 or by email: donald.peasley@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUMMARY: SUPPLEMENTARY INFORMATION: Purpose of Program: The purpose of the EAG program is to enhance the quality of assessment instruments and assessment systems used by States for measuring the academic achievement of elementary and secondary school students. Program Authority: Section 6112 of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB), and section 1203(b)(1) of the ESEA, as amended by the Every Student Succeeds Act (Pub. L. 114–95) (ESSA). We published a notice of proposed priorities for this program in the Federal Register on April 18, 2016 (81 FR 22550) (NPP). That notice contained background information and our reasons for proposing the particular priorities. Except for minor revisions, there are no differences between the proposed priorities and these final priorities. These priorities are for use in addition to those published in the 2011 notice of final priorities, requirements, definitions, and selection criteria (76 FR PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 52341 21985) (2011 NFP) and the 2013 notice of final priorities, requirement, definitions, and selection criteria for this program (78 FR 31343) (2013 NFP). Public Comment: In response to our invitation in the NPP, eight parties submitted comments on the proposed priorities. We group major issues according to subject. Generally, we do not address technical and other minor changes. Analysis of Comments and Changes: An analysis of the comments and of any changes in the priorities since publication of the NPP follows. General Comment: Five commenters expressed support for the proposed priorities and noted the potential for grants awarded under the EAG program to improve State assessment systems. Three commenters expressed views on how the Department should distribute awards across priorities under the EAG program. One commenter strongly recommended that Priority 2 be designated as an absolute priority in the EAG competition. Discussion: We appreciate the support for these priorities and agree that projects funded under them will support States in continuously improving their assessment systems to measure college- and career-readiness. This notice establishes priorities that can be used in any future competition, but does not establish how those priorities are designated in any particular competition. For the competition funded with FY 2016 funds, as announced in the notice inviting applications published elsewhere in this issue of the Federal Register, Priorities 1, 2, and 3 will be competitive preference priorities. The grant application and competition process will determine the number and types of projects funded under each priority. Changes: None. Comment: One commenter encouraged the Department to consider requiring content developed under proposed projects to be made freely available to others. This commenter noted that, even if content is made publicly available, it is not always accessible due to the use of proprietary software or applications. Discussion: We recognize the benefit of sharing work developed under the EAG program to serve as models and resources for other States, which is why Priorities 1 and 2 require an applicant responding to them to provide a dissemination plan. Sharing resources and lessons learned from grantees is a key goal of the grant program. E:\FR\FM\08AUR1.SGM 08AUR1

Agencies

[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Rules and Regulations]
[Pages 52339-52341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18535]


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

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 Chris.D.Bains@uscg.mil.

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