
[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48315-48318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19213]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0497]
RIN 1625-AA00


Safety Zone; North Hero Air Show; North Hero, VT

AGENCY: Coast Guard, DHS.

[[Page 48316]]


ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters east of North Hero Island in Lake Champlain for the 
North Hero Air Show, an event to be held over the water. This temporary 
final rule is necessary to provide for the safety of life on the 
navigable waters east of North Hero Island during an air show of low-
flying, high-speed, and high-performance acrobatic aircraft that could 
pose an imminent hazard to vessels operating in the area. This zone 
will close all waters in an area approximately 2 nautical miles by \1/
2\ nautical mile east of North Hero Island in North Hero, VT for the 
duration of the air show. Persons or vessels may not enter into this 
zone unless authorized by the Captain of the Port, Sector Northern New 
England.

DATES: This rule is effective from 9 a.m. on August 11, 2013, until 9 
p.m. on August 12, 2013. This rule will be enforced from 9 a.m. until 9 
p.m. daily on August 11, 2013, and August 12, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0497]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Megan L. Drewniak, Waterways Management 
Division at Coast Guard Sector Northern New England, telephone 207-741-
5421, email Megan.L.Drewniak@uscg.mil. If you have questions on viewing 
or submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive the 
necessary information for this even in sufficient time to publish an 
NPRM. The nature of this event has changed and the sponsor would like 
to include a low flying aerobatic air show over the water and drop 
grapefruits at a water target as part of a fundraising event. Per 
Federal Aviation Administration requirements, no vessels are permitted 
to transit during aerobatic maneuvers. This regulation is necessary to 
ensure the immediate safety of users of the waterway.

B. Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1231, 46 U.S.C. 
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Pub. L. 107-295, 116 Stat. 
2064; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to define safety zones.
    The safety zone is being issued to ensure the safety of persons and 
vessels east of North Hero Island for the duration of the air show.

C. Discussion of the Rule

    During this air show there will be low flying planes conducting 
aerobatic maneuvers east of North Hero Island in Lake Champlain within 
the confines of the safety zone and dropping grapefruits onto water 
targets as part of a fundraising event. This safety zone will be in 
effect from 9 a.m. to 9 p.m. on August 11 and August 12, 2013.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic effect of this rule will not be significant for the 
following reasons: The safety zone will be of limited duration. Vessels 
may be authorized to transit the zone with permission of the Captain of 
the Port, Sector Northern New England. The aerobatic box is a rectangle 
2 nautical miles by \1/2\ nautical mile, parallel to the shoreline, 
with its western edge 500 feet offshore. Vessels transiting to or from 
the shoreline may transit around the safety zone with limited delay. 
Additionally, maritime advisories will be broadcasted during the 
duration of the enforcement period.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    (1) Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
have considered whether this rule would have a significant economic 
impact on a substantial number of small entities. 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.
    This rule may affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
the safety zone. However, this rule will not have a significant 
economic impact on a substantial number of small entities due to the 
geographic location in which this rule takes place and advance 
notifications will be made to the local community by marine information 
broadcasts. Additionally, mariners may transit around the safety zone 
to gain access to or from the shoreline without a significant delay.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 48317]]

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, 
above.
    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.

4. 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).

5. Federalism

    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 that Order and determined 
that this rule does not have implications for federalism.

6. 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.

7. 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 will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
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 is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination will be available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
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; 46 U.S.C. 701, 3306, 3703; 50 U.S.C. 
191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0497 to read as follows:


Sec.  165.T01-0497  Safety Zone; North Hero Air Show, North Hero, VT.

    (a) Location. The safety zone will include all navigable waters 
surface to bottom beginning with the following coordinate: 
44[deg]48'24'' N, 73[deg]17'02'' W; thence southeast approximately 500 
feet to position 44[deg]48'22'' N, 73[deg]16'46'' W; thence southwest 
to position 44[deg]47'53'' N, 73[deg]16'54'' W; thence northwest to 
position 44[deg]47'54'' N, 73[deg]17'09'' W.
    (b) Enforcement and Effective dates. This rule is effective from 9 
a.m. on August 11, 2013, until 9 p.m. on August 12, 2013. This rule 
will be enforced from 9 a.m. until 9 p.m. daily on August 11, 2013, and 
August 12, 2013.
    (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) This temporary safety zone is closed to all vessel traffic, 
except as may be permitted by the Captain of the Port or his designated 
on-scene patrol personnel. 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

[[Page 48318]]

contacting the COTP or the COTP's on-scene 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: June 24, 2013.
B.S. Gilda,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern New 
England.
[FR Doc. 2013-19213 Filed 8-7-13; 8:45 am]
BILLING CODE 9110-04-P


