Safety Zone; 2016 Wings Over Vermont Air Show, Lake Champlain, Burlington, VT, 52339-52341 [2016-18535]
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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:
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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 https://
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:
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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.
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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
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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:
■
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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.
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§ 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
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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
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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.
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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 https://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