Safety Zone; Clear Lake, Clear Creek, TX, 33133-33135 [2021-13229]
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
(e) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which this zone will be
enforced, in accordance with 33 CFR
165.7.
Dated: June 22, 2021.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2021–13620 Filed 6–23–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0420]
RIN 1625–AA00
Safety Zone; Clear Lake, Clear Creek,
TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within 100 feet of the
Pre-Stage Zone, Approach Zone, Course
Run Zone and Shut-Down Zone during
the Texas Outlaw Challenge in Clear
Lake, Clear Creek, TX. The safety zone
is needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the power
boat race. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Houston-Galveston.
DATES: This rule is effective from 7 a.m.
to 2 p.m. on June 25, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0420 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Next, in the Document
Type column, select ‘‘Supporting &
Related Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT James Mitard, Sector HoustonGalveston Waterways Management
Division, U.S. Coast Guard; telephone
281–464–4780, email James.V.Mitard@
uscg.mil.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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 it is
impracticable. We must establish this
special local regulation by June 25, 2021
and lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
power boat race being conducted in the
third largest recreational boating
community in the nation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Houston-Galveston
(COTP) has determined that potential
hazards associated with the power boat
race on June 25, 2021 in Clear Lake, TX,
will be a safety concern for anyone
within the Pre-Stage Zone, Approach
Zone, Course Run Zone, and Shut-Down
Zone before, during, and after the
scheduled event. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within these areas during the
power boat race.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7 a.m. to 2 p.m. on June 25, 2021.
The safety zone will cover all navigable
waters within 100 feet of the different
zones of the boat course to include the
Pre-Stage Zone, Approach Zone, Course
Run Zone and Shut-Down Zone. All of
these zones along with the Spectator
Zone are described below:
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33133
Pre-Stage Zone: This area is the prestaging area for participating vessels to
line up. It will include all waters within
the following areas 29°33.13 N,
095°01.84 W, 29°33.12 N, 095°01.89 W,
29°33.23 N, 095°01.96 W, 29°33.13 N,
095°01.84 W.
Approach Zone: 1⁄4 mile distance
required for participating vessels to
obtain the minimum 40mph
requirement for course entry. This will
be a straight line to begin at
approximately 29°33.256 N, 095°01.89
W and end at approximately 29°33.33 N,
095°02.15 W.
Course Run Zone: 3⁄4 mile distance
where participating vessels will conduct
their high-speed run. This will be a
straight line to begin at approximately
29°33.33 N, 095°02.16 W and end at
approximately 29°33.53 N, 095°02.98
W.
Shut-Down Zone: 1 mile distance
where participating vessels will be
allowed to slow their speeds back to an
idle. This will be a straight line to begin
at approximately 29°33.53 N, 095°02.98
W and end at approximately 29°33.74 N,
095°04.1 W.
Spectator Zone: All vessels that will
be viewing the event will be required to
stay within a designated area. The
sponsor is responsible for marking the
spectator zone with 4 buoys on the outer
corners and ensuring that all vessels
within the area are anchored and remain
in the area during all ongoing highspeed runs.
No vessel or person would be
permitted to enter the established zones
without obtaining permission from the
on-water Safety-Officer or designated
representative. If permission to transit
the area is granted, the person must
comply with the directions of the onwater Safety Officer or designated
representative.
V. 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.
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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, and
duration of the temporary safety zone.
This regulatory action will last seven
hours and encompasses a 100 feet
radius around the boat race path and
staging area. The rest of the lake is open
to the public to transit. Vessels and
persons may seek permission to transit
the regulated areas from the on-water
Safety Officer or designated
representative.
khammond on DSKJM1Z7X2PROD 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 special
local regulation area may be small
entities, for the reasons stated in section
V.A above, 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 call or email 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.
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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 that 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 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.
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
will 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
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (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 involves a safety
zone lasting 7 hours that will prohibit
entry within 100 feet of the boat race
course. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
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Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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 recordkeeping
requirements, Security measures,
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0420 to read as
follows:
■
§ 165.T08–0420 Safety Zone; Clear Lake,
Clear Creek, TX
(a) Location. The following areas of
Clear Lake in Clear Creek, TX make up
a safety zone:
(1) Pre-stage zone. All navigable
waters within 100 feet of the Pre-Stage
Zone which includes all waters within
the following areas: 29°33.13 N,
095°01.84 W, 29°33.12 N, 095°01.89 W,
29°33.23 N, 095°01.96 W, 29°33.13 N,
095°01.84 W;
(2) Approach zone. Comprised of all
navigable waters within 100 feet of a
straight line beginning at approximately
29°33.256 N, 095°01.89 W and ending
approximately 29°33.33 N, 095°02.15
W;
(3) Course run zone. Comprised of all
navigable waters within 100 ft of a
straight line beginning at approximately
29°33.33 N, 095°02.16 W and ending at
approximately 29°33.53 N, 095°02.98
W;
(4) Shut-down zone. Comprised of all
navigable waters within 100 feet of a
straight line beginning at approximately
29°33.53 N, 095°02.98 W and ending at
approximately 29°33.74 N, 095°04.1 W;
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
(5) Spectator zone. All vessels that
will be viewing the event must remain
anchored within a designated area
during all ongoing high-speed runs. The
sponsor is responsible for marking the
spectator zone with 4 buoys on the outer
corners.
(b) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, persons and vessels are
prohibited from entering the safety zone
unless authorized by the the on-water
Safety Officer or a designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Houston-Galveston.
(2) Persons or vessels desiring to enter
into or pass through the zone must
request permission from the on-water
Safety Officer or a designated
representative. They may be contacted
on VHF radio Channel 16.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the on-water Safety
Officer or designated representative
while navigating in the regulated area.
(c) Enforcement period: This safety
zone will be enforced from from 7 a.m.
to 2 p.m. on June 25, 2021.
J.E. Smith,
Captain, U.S. Coast Guard, Captain of the
Port Houston-Galveston.
[FR Doc. 2021–13229 Filed 6–23–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0368]
Special Local Regulations; City of
North Charleston Fireworks;
Charleston, SC
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a special local regulation for the City of
North Charleston’s Fireworks Display
on July 4, 2021 from 8 p.m. until 10
p.m., to provide for the safety of life on
navigable waterways during the event.
The Coast Guard will enforce a
temporary safety zone during the City of
North Charleston’s Fireworks Display
occurring at Waterfront Park on the
Cooper River, in Charleston, South
Carolina. The temporary safety zone is
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
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33135
necessary to protect vessels, spectators,
and the general public during the event.
During the enforcement period, no
person or vessel may enter, transit
through, anchor in, or remain within the
designated area unless authorized by the
Captain of the Port Charleston (COTP)
or a designated representative.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DATES:
The regulation in 33 CFR
100.704, Table 1 to § 100.704, Item No.
(5), will be enforced from 8 p.m. until
10 p.m. on July 4, 2021.
RIN 0938–AU01
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Commander Chad Ray, Sector
Charleston Office of Waterways
Management, Coast Guard; telephone
(843) 740–3184, email Chad.L.Ray@
uscg.mil.
Medicare Program: Comprehensive
Care for Joint Replacement Model
Three Year Extension and Changes to
Episode Definition and Pricing;
Medicare and Medicaid Programs;
Policy and Regulatory Revisions in
Response to the COVID–19 Public
Health Emergency; Additional Policy
and Regulatory Revisions in Response
to the COVID–19 Public Health
Emergency; Correction
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the special local
regulation in 33 CFR 100.704, Table 1 to
§ 100.704, Item No. (5), for the City of
North Charleston’s Fireworks Display
on July 4, 2021 from 8 p.m. to 10 p.m.
This action is being taken to provide for
the safety of life on navigable waterways
during this event. The regulation in
§ 100.704, Table 1 to § 100.704, Item No.
(5), specifies the location of the
regulated area for the City of North
Charleston’s Fireworks Display, which
encompasses a portion of the Cooper
River at River Front Park in Charleston,
South Carolina. During the enforcement
periods, as reflected in § 100.704(c)(1), if
you are the operator of a vessel in the
regulated area you must comply with
directions of the COTP Charleston or
from his designated representative,
including the Patrol Commander or any
Official Patrol displaying a Coast Guard
ensign.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
SUPPLEMENTARY INFORMATION:
Dated: June 17, 2021.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2021–13255 Filed 6–23–21; 8:45 am]
BILLING CODE 9110–04–P
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Centers for Medicare & Medicaid
Services
42 CFR Parts 510
[CMS–5529–CN]
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical errors that appeared in the
final rule published in the May 3, 2021,
Federal Register, titled ‘‘Medicare
Program: Comprehensive Care for Joint
Replacement Model Three Year
Extension and Changes to Episode
Definition and Pricing; Medicare and
Medicaid Programs; Policy and
Regulatory Revisions in Response to the
COVID–19 Public Health Emergency;
Additional Policy and Regulatory
Revisions in Response to the COVID–19
Public Health Emergency.’’
DATES: This correction is effective on
July 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Heather Holsey, (410) 786–0028.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In FR Doc. 2021–09097 of May 3,
2021 (86 FR 23496), there were
technical errors in the preamble that are
identified and corrected in this
correcting document. The provisions in
this correction document apply as if
they had been included in the document
published May 3, 2021.
II. Summary of Errors
On page 23553, we stated that all
Comprehensive Care for Joint
Replacement (CJR) model procedures, as
of CY 2021, could be performed in
ambulatory surgical centers (ASCs),
erroneously indicating that they would
all be paid for by Medicare. We failed
to note the exception to the ASC
covered procedure list policy that
excludes procedures that had been on
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]]>Agencies
[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33133-33135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13229]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0420]
RIN 1625-AA00
Safety Zone; Clear Lake, Clear Creek, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within 100 feet of the Pre-Stage Zone, Approach Zone,
Course Run Zone and Shut-Down Zone during the Texas Outlaw Challenge in
Clear Lake, Clear Creek, TX. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the power boat race. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Houston-Galveston.
DATES: This rule is effective from 7 a.m. to 2 p.m. on June 25, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0420 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT James Mitard, Sector Houston-Galveston Waterways
Management Division, U.S. Coast Guard; telephone 281-464-4780, email
[email protected].
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
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 it is impracticable. We must
establish this special local regulation by June 25, 2021 and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the power boat race being conducted in the third largest
recreational boating community in the nation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Houston-
Galveston (COTP) has determined that potential hazards associated with
the power boat race on June 25, 2021 in Clear Lake, TX, will be a
safety concern for anyone within the Pre-Stage Zone, Approach Zone,
Course Run Zone, and Shut-Down Zone before, during, and after the
scheduled event. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within these areas
during the power boat race.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. to 2 p.m. on June
25, 2021. The safety zone will cover all navigable waters within 100
feet of the different zones of the boat course to include the Pre-Stage
Zone, Approach Zone, Course Run Zone and Shut-Down Zone. All of these
zones along with the Spectator Zone are described below:
Pre-Stage Zone: This area is the pre-staging area for participating
vessels to line up. It will include all waters within the following
areas 29[deg]33.13 N, 095[deg]01.84 W, 29[deg]33.12 N, 095[deg]01.89 W,
29[deg]33.23 N, 095[deg]01.96 W, 29[deg]33.13 N, 095[deg]01.84 W.
Approach Zone: \1/4\ mile distance required for participating
vessels to obtain the minimum 40mph requirement for course entry. This
will be a straight line to begin at approximately 29[deg]33.256 N,
095[deg]01.89 W and end at approximately 29[deg]33.33 N, 095[deg]02.15
W.
Course Run Zone: \3/4\ mile distance where participating vessels
will conduct their high-speed run. This will be a straight line to
begin at approximately 29[deg]33.33 N, 095[deg]02.16 W and end at
approximately 29[deg]33.53 N, 095[deg]02.98 W.
Shut-Down Zone: 1 mile distance where participating vessels will be
allowed to slow their speeds back to an idle. This will be a straight
line to begin at approximately 29[deg]33.53 N, 095[deg]02.98 W and end
at approximately 29[deg]33.74 N, 095[deg]04.1 W.
Spectator Zone: All vessels that will be viewing the event will be
required to stay within a designated area. The sponsor is responsible
for marking the spectator zone with 4 buoys on the outer corners and
ensuring that all vessels within the area are anchored and remain in
the area during all ongoing high-speed runs.
No vessel or person would be permitted to enter the established
zones without obtaining permission from the on-water Safety-Officer or
designated representative. If permission to transit the area is
granted, the person must comply with the directions of the on-water
Safety Officer or designated representative.
V. 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.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the
[[Page 33134]]
Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This regulatory
action will last seven hours and encompasses a 100 feet radius around
the boat race path and staging area. The rest of the lake is open to
the public to transit. Vessels and persons may seek permission to
transit the regulated areas from the on-water Safety Officer or
designated representative.
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
special local regulation area may be small entities, for the reasons
stated in section V.A above, 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
call or email 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 that 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 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.
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 will 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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 involves a
safety zone lasting 7 hours that will prohibit entry within 100 feet of
the boat race course. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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
recordkeeping requirements, Security measures, 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0420 to read as follows:
Sec. 165.T08-0420 Safety Zone; Clear Lake, Clear Creek, TX
(a) Location. The following areas of Clear Lake in Clear Creek, TX
make up a safety zone:
(1) Pre-stage zone. All navigable waters within 100 feet of the
Pre-Stage Zone which includes all waters within the following areas:
29[deg]33.13 N, 095[deg]01.84 W, 29[deg]33.12 N, 095[deg]01.89 W,
29[deg]33.23 N, 095[deg]01.96 W, 29[deg]33.13 N, 095[deg]01.84 W;
(2) Approach zone. Comprised of all navigable waters within 100
feet of a straight line beginning at approximately 29[deg]33.256 N,
095[deg]01.89 W and ending approximately 29[deg]33.33 N, 095[deg]02.15
W;
(3) Course run zone. Comprised of all navigable waters within 100
ft of a straight line beginning at approximately 29[deg]33.33 N,
095[deg]02.16 W and ending at approximately 29[deg]33.53 N,
095[deg]02.98 W;
(4) Shut-down zone. Comprised of all navigable waters within 100
feet of a straight line beginning at approximately 29[deg]33.53 N,
095[deg]02.98 W and ending at approximately 29[deg]33.74 N,
095[deg]04.1 W;
[[Page 33135]]
(5) Spectator zone. All vessels that will be viewing the event must
remain anchored within a designated area during all ongoing high-speed
runs. The sponsor is responsible for marking the spectator zone with 4
buoys on the outer corners.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, persons and vessels are prohibited from
entering the safety zone unless authorized by the the on-water Safety
Officer or a designated representative. A designated representative is
a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Houston-
Galveston.
(2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the on-water Safety Officer or a
designated representative. They may be contacted on VHF radio Channel
16.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the on-water Safety Officer or designated
representative while navigating in the regulated area.
(c) Enforcement period: This safety zone will be enforced from from
7 a.m. to 2 p.m. on June 25, 2021.
J.E. Smith,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2021-13229 Filed 6-23-21; 8:45 am]
BILLING CODE 9110-04-P
