
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Proposed Rules]
[Pages 22944-22946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09033]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-1127]
RIN 1625-AA00


Safety Zone; 2016 Wings Over Vermont Air Show, Lake Champlain, 
Burlington, VT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for an aerobatic demonstration over the navigable waters of Lake 
Champlain along the shoreline in Burlington, VT. This temporary safety 
zone will be necessary to protect spectators and vessels from hazards 
associated with the air show. Entry into, transit through, mooring or 
anchoring within this regulated area will be prohibited unless 
authorized by the Captain of the Port (COTP) Sector Northern New 
England (SNNE). We invite your comments on this proposed rulemaking.

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

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

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Chief Marine Science Technician 
Chris Bains, Waterways Management Division at Coast Guard Sector 
Northern New England, telephone (207) 347-5003, or email 
Chris.D.Bains@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

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

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone for the Wings over 
Vermont Air Show from 9 a.m. to 6 p.m. on August 12- 14, 2016 on Lake 
Champlain, along the shoreline of Burlington, VT. The safety zone would 
cover all navigable waters within an aeronautical box extending to and 
including the breakwater bounded by the following coordinates: 
44[deg]29'24'' N./073[deg]14'44'' W.; 44[deg]29'24'' N./073[deg]14'03'' 
W.; 44[deg]28'56'' N./073[deg]14'03'' W.; 44[deg]28'50'' N./
073[deg]13'48'' W.; 44[deg]28'12'' N./073[deg]13'33'' W.; 
44[deg]27'47'' N./073[deg]14'03'' W.; 44[deg]27'25'' N./073[deg]14'03'' 
W.; 44[deg]27'25'' N./073[deg]14'44'' W. The duration of the zone is 
intended to ensure the safety of vessels and these navigable waters 
before, during, and after the scheduled 10 a.m. to 5 p.m. aerobatic 
displays. No vessel or person would be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive Orders, and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    The Coast Guard has determined that this rule is not a significant 
regulatory action for the following reasons: The safety zone will be of 
limited duration and will only be in effect during a portion of three 
days, it will allow vessels to transit in waters directly adjacent to 
the safety zone, and coordinated efforts have been made to direct the 
ferry traffic around the safety zone so not to disrupt service on Lake 
Champlain. Additionally, maritime advisories will be posted in the 
Local Notice to Mariners and the Coast Guard will issue a Broadcast 
Notice to Mariners via VHF-FM marine Channel 16 prior to and during the 
entire duration of the enforcement period.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A this proposed rule would not have a significant economic impact on 
any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person

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

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under the Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it will not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a safety 
zone lasting a portion of three days and would prohibit entry into 
without permission from the COTP. Normally such actions are 
categorically excluded from further review under paragraph 34 of figure 
2-1 of Commandant Instruction M16475.1D. A preliminary environmental 
analysis checklist supporting this is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping requirements, Security Measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5 and Department of Homeland Security Delegation No. 
0170.1

0
2. Add Sec.  165.T01-1127 to read as follows:


Sec.  165.T01-1127  Safety Zone; 2016 Wings Over Vermont Air Show, Lake 
Champlain; Burlington, VT

    (a) Location. The following area is a Safety Zone: All navigable 
waters, from surface to bottom, of Lake Champlain, Burlington, VT, 
within an aeronautical box extending to and including the breakwater 
bounded by the following coordinates: 44[deg]29'24'' N./073[deg]14'44'' 
W.; 44[deg]29'24'' N./073[deg]14'03'' W.; 44[deg]28'56'' N./
073[deg]14'03'' W.; 44[deg]28'50'' N./073[deg]13'48'' W.; 
44[deg]28'12'' N./073[deg]13'33'' W.; 44[deg]27'47'' N./073[deg]14'03'' 
W.; 44[deg]27'25'' N./073[deg]14'03'' W.; 44[deg]27'25'' N./
073[deg]14'44'' W.
    (b) Effective and enforcement period. This rule would be effective 
and would be enforced with actual notice from 9 a.m. until 6 p.m. on 
August 12-14, 2016.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply. During the enforcement period, entry into, transiting, 
mooring, anchoring or remaining within this safety zone is prohibited 
unless authorized by the Captain of the Port or his designated 
representatives.
    (2) Vessel operators given permission to enter or operate in the 
safety zone must comply with all directions given to them by the 
Captain of the Port or his designated representatives.
    (3) Persons and vessels may request permission to enter the safety 
zone by contacting the COTP or the COTP's designated representative on 
VHF-16 or via phone at 207-767-0303.

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    (4) The ``designated representative'' is any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port to act on his behalf. The on-scene representative 
may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, or 
onboard a local or state agency vessel that is authorized to act in 
support of the Coast Guard. Additionally, the Coast Guard Auxiliary may 
be present to inform vessel operators of this regulation.
    (5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, 
flashing light or other means, the operator of the vessel must proceed 
as directed.

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


