[Federal Register: August 2, 2006 (Volume 71, Number 148)]
[Rules and Regulations]
[Page 43655-43657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au06-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-06-098]
RIN 1625-AA00
Safety Zone; Vermont Air National Guard 60th Anniversary Air
Show, Burlington Bay, Burlington, VT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Vermont Air National Guard 60th Anniversary Air Show on August 18
and 19, 2006 in Burlington, Vermont. This zone will temporarily close
all waters in Burlington Bay from Lone Rock Point 44[deg]29[min]43[sec]
N 073[deg]14[min]56[sec] W SE to Oakledge Park 44[deg]27[min]15[sec] N
073[deg]14[min]52[sec] W, thence from the Burlington South break wall
light 44[deg]28[min]12[sec] N 073[deg]13[min]32[sec] W extending due
east to the shore, thence from the Burlington north break wall
44[deg]28[min]50[sec] N 073[deg]13[min]47[sec] W and extending due east
to the shore. The safety zone, which temporarily prohibits entry into
or movement within this portion of Burlington Bay, is necessary to
safeguard the public from possible hazards associated with an air show.
Entry into this zone by any vessel is prohibited unless specifically
authorized by the Captain of the Port, Northern New England or his
designated representative.
DATES: This rule is effective from 10 a.m. until 4 p.m. on August 18,
2006 and from 8 a.m. until 6 p.m. EDT on August 19, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD01-06-098] and are available for
inspection or copying at U.S. Coast Guard Sector Northern New England,
259 High Street, South Portland, ME 04106 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
[[Page 43656]]
FOR FURTHER INFORMATION CONTACT: LTJG Stephanie Forbes at Sector
Northern New England, (207) 767-0313 or LTJG Jarrett Bleacher at (207)
742-5421.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The Coast Guard was not
presented with the logistical information for the Vermont Air National
Guard 60th Anniversary Air Show in sufficient time to draft and publish
an NPRM. Publishing an NPRM and delaying the effective date would be
contrary to the public interest since immediate action is needed to
protect the maritime public from the potential hazards associated with
high-speed, high-performance, low-flying aircraft conducting acrobatic
demonstrations above the waters of Burlington Bay.
Under 5 U.S.C. 553(d)(3), the Coast Guard also finds, for the same
reasons, that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.
Background and Purpose
The Vermont National Guard is holding a 60th Anniversary Air Show
over the waters of Burlington Bay. This rule establishes a safety zone
temporarily closing all waters in Burlington Bay from Lone Rock Point
44[deg]29[min]43[sec] N 073[deg]14[min]56[sec] W SE to Oakledge Park
44[deg]27[min]15[sec] N 073[deg]14[min]52[sec] W, thence from the
Burlington South break wall light 44[deg]28[min]12[sec] N
073[deg]13[min]32[sec] W extending due east to the shore, thence from
the Burlington north break wall 44[deg]28[min]50[sec] N
073[deg]13[min]47[sec] W and extending due east to the shore. This zone
is necessary to protect the life and property of the maritime public
from the potential dangers posed by this event. It will protect the
public by prohibiting entry into or movement within the proscribed
portion of Burlington Bay during the Vermont National Guard 60th
Anniversary Air Show.
Marine traffic may transit safely outside of the zone during the
effective period. The Captain of the Port does not anticipate any
negative impact on vessel traffic due to this event. Public
notifications will be made prior to and during the effective period via
marine safety information broadcasts and Local Notice to Mariners.
Discussion of Rule
This rule is effective from 10 a.m. until 4 p.m. on August 18, 2006
and from 8 a.m. until 6 p.m. on August 19, 2006. This safety zone is
needed to safeguard mariners from the hazards associated with low-
flying, high-speed, and high-performance acrobatic aircraft performing
above the designated waters in Burlington Bay. During the effective
period of the safety zone, vessel traffic will be restricted in a
portion of Burlington Bay. Entry into this zone by any vessel is
prohibited unless specifically authorized by the Captain of the Port,
Northern New England or his designated representative.
The Captain of the Port anticipates negligible negative impact on
vessel traffic from this temporary safety zone as it will be in effect
for limited hours during only one weekend. Additionally, extensive
advanced notifications will be made to the maritime community via Local
Notice to Mariners, marine information broadcasts, local port safety
committee meetings, area newspapers, and electronic Marine Safety
Information Bulletins. These advisories will afford large commercial
traffic substantial advance notice to schedule around the event. It has
been determined that the enhanced safety to life and property provided
by this rule greatly outweighs any potential negative impacts. Public
notifications will be made during the entire effective period of this
safety zone via Local Notice to Mariners and marine information
broadcasts.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The Coast Guard expects the economic impact of this rule to be so
minimal that a full regulatory evaluation is unnecessary. The effect of
this rule will not be significant for the following reasons: the
duration of the safety zone is for a limited number of hours and during
the span of only one weekend. Vessels will be permitted to transit and
navigate in waters adjacent to this safety zone, minimizing any adverse
impact. Additionally, this rule will be entered into the Local Notice
to Mariners, and extensive maritime advisories will be broadcast.
Small Entities
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 will affect the following entities, some of which may be
small entities: the owners and operators of vessels intending to
transit in the vicinity of Burlington, Vermont. The safety zone will
not have a significant impact on a substantial number of small entities
as the duration of the safety zone is for a limited number of hours and
during the span of only one weekend. Vessels will be permitted to
transit and navigate in waters adjacent to this safety zone, minimizing
any adverse impact.
Assistance for Small Entities
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 so that they can better evaluate
its effects on them and participate in the rulemaking process. If this
rule will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call LTJG Stephanie Forbes at (207) 767-
0313 or LTJG Jarrett Bleacher at (207) 742-5421, Sector Northern New
England, Waterways Management Division.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and
[[Page 43657]]
would either preempt State law or impose a substantial direct cost of
compliance on them. We have analyzed this rule under that Order and
have determined that it does not have implications for federalism.
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 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.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g) of the Instruction, from further environmental
documentation. This rule fits the category selected from paragraph
(34)(g), as it establishes a safety zone. A final ``Environmental
Analysis Check List'' and a final ``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
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C
191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Public Law 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T01-098 to read as follows:
Sec. 165.T01-098 Safety Zone: Vermont Air National Guard 60th
Anniversary Air Show, Burlington Bay, Burlington, VT.
(a) Location. The following area is a safety zone: all waters in
Burlington Bay from Lone Rock Point 44[deg]29'43'' N 073[deg]14'56'' W
SE to Oakledge Park 44[deg]27'15'' N 073[deg]14'52'' W, thence from the
Burlington South break wall light 44[deg]28'12'' N 073[deg]13'32'' W
extending due east to the shore, thence from the Burlington north break
wall 44[deg]28'50'' N 073[deg]13'47'' W and extending due east to the
shore. All vessels are restricted from entering this area.
(b) Effective Date. This section is effective from 10 a.m. until 4
p.m. on August 18, 2006 and from 8 a.m. until 6 p.m. on August 19,
2006.
(c) Definitions. As used in this section Designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP).
(d) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into or movement within this zone by any
person or vessel is prohibited unless authorized by the Captain of the
Port (COTP), Northern New England or the COTP's designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative.
Dated: July 18, 2006.
Stephen P. Garrity,
Captain, U.S. Coast Guard,Captain of the Port, Northern New England.
[FR Doc. E6-12400 Filed 8-1-06; 8:45 am]
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