[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Rules and Regulations]
[Pages 43655-43657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12400]


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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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