Safety Zone; South Timbalier Block 22, Gulf of Mexico, Port Fourchon, LA, 33126-33128 [2021-13310]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES 33126 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations River within a 1,000-foot radius of fireworks loading site at 42°17.418′ N, 083°06.897′ W (WGS 84). The second safety zone is a 1,300 foot radius surrounding each barge while transiting in U.S. waters of the Detroit River from the loading site to the fireworks launch site on Lake St. Clair in the vicinity of the beach at the Lake St. Clair Metro Park. A third safety zone is established to encompass all U.S. navigable waters of Lake St. Clair within a 1,300-foot radius at the fireworks launch site in the vicinity of the beach at Lake St. Clair Metro Park. (b) Enforcement period. The first safety zone described in paragraph (a) of this section will be enforced from 8 a.m. on June 24, 2021 through 8 a.m. on June 28, 2021. The second safety zone described in paragraph (a) of this section will be enforced from 8 a.m. through 7 p.m. on June 28, 2021. The third safety zone described in paragraph (a) of this section will be enforced from 7 p.m. through 11:59 p.m. on June 28, 2021. In the case of inclement weather on June 28, 2021, all three safety zones will be enforced the subsequest day. The Captain of the Port Detroit will announce specific enforcement periods for these safety zones by Broadcast Notice to Mariners (BNM). (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within these safety zones is prohibited unless authorized by the Captain of the Port Detroit or a designated on-scene representative. (2) The safety zones are closed to all vessel traffic, except as may be permitted by the COTP Detroit or a designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port Detroit is any Coast Guard commissioned, warrant or petty officer or a federal, state, or local law enforcement officer designated by the Captain of the Port Detroit to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zones must contact the Captain of the Port Detroit or an on-scene representative to obtain permission to do so. The Captain of the Port Detroit or an on-scene representative may be contacted via VHF Channel 16. 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 Detroit or an on-scene representative. VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 Dated: June 14, 2021. Brad W. Kelly, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2021–13344 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–2021–0430] RIN 1625–AA00 Safety Zone; South Timbalier Block 22, Gulf of Mexico, Port Fourchon, LA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all navigable waters within a one nautical mile radius around a capsized vessel in the Gulf of Mexico, South Timbalier block 22, near Port Fourchon, LA. The temporary safety zone is needed to protect life and property during emergency salvage operations surrounding the capsized vessel. Entry of vessels or persons into this zone and movement of vessels within this zone is prohibited unless specifically authorized by the Captain of the Port Marine Safety Unit Houma or a designated representative. DATES: This rule is effective without actual notice from June 24, 2021 through August 2, 2021. For the purposes of enforcement, actual notice will be used from June 15, 2021 until June 24, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0430 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 Commander Matthew M. Spolarich, Chief of Prevention, U.S. Coast Guard; telephone 985–850–6437, email: Matthew.M.Spolarich@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code Frm 00046 Fmt 4700 Sfmt 4700 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 impractible. A safety zone is necessary to facilitate safe salvage operations surrounding a capsized vessel that has garnered high media interest and is in a location frequented by commercial and recreational vessel traffic. Immediate action is needed to respond to the potential safety hazards associated with recovery salvage operations. We must establish this safety zone by June 15, 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 against the public interest because immediate action is needed to continue ongoing recovery salvage operations. 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 Marine Safety Unit Houma (COTP) has determined that potential hazards associated with the recovery salvage operations continuing through August 2, 2021, will be a safety concern for anyone within a one nautical mile radius around the capsized vessel in South Timbalier Block 22 of the Gulf of Mexico at position 29°00′25.7877″ N, 090°11′52.9852″ W. This rule is needed to protect life and property on the navigable waters while recovery salvage operations are ongoing. IV. Discussion of the Rule I. Table of Abbreviations PO 00000 II. Background Information and Regulatory History This rule establishes a temporary safety zone from June 15, 2021 through August 02, 2021. The safety zone will cover all navigable waters within a one nautical mile radius around position 29°00′25.7877″ N, 090°11′52.9852″ W, E:\FR\FM\24JNR1.SGM 24JNR1 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations in South Timbalier Block 22 of the Gulf of Mexico, near Port Fouchon, LA. The duration of the zone is intended to protect life and property on these navigable waters for the duration of emergency recovery salvage operations related to the capsized vessel. No vessel or person will be permitted to enter and move within the safety zone without obtaining permission from the COTP 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 Marine Safety Unit Houma. Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or 67. Persons and vessels permitted to enter or to move within this safety zone must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. The COTP or a designated representative will inform the public of the enforcement periods and changes through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate. 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. khammond on DSKJM1Z7X2PROD with RULES 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 Office of Management and Budget (OMB). This regulatory action determination is based on the limited scale of the safety zone and the ease of vessel traffic navigating around said zone. 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 VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 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 safety zone 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. PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 33127 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 that will prohibit entry within a one nautical mile radius of vessels and machinery being used by personnel response operations to a capsized vessel. It is categorically excluded from further review under paragraph L60(d) 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. E:\FR\FM\24JNR1.SGM 24JNR1 33128 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations Information Bulletins (MSIBs) as appropriate. 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: Coast Guard, DHS. ACTION: Notice of enforcement of regulation. Dated: June 17, 2021. J.D. Cole, Captain, U.S. Coast Guard, Captain of the Port Charleston. J.W. Russell, Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit Houma. [FR Doc. 2021–13310 Filed 6–23–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY PART 165—[REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS] Coast Guard 1. The authority citation for part 165 continues to read as follows: ■ khammond on DSKJM1Z7X2PROD with RULES Special Local Regulations; Patriot’s Point Fireworks; Mount Pleasant, SC area for the Patriot’s Point Fireworks Display, which encompasses a portion of the Cooper River at Patriot’s Point 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. 33 CFR Part 165 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. [Docket No. USCG–2021–0367] ■ 2. Add § 165.T08–0430 to read as follows: AGENCY: § 165.T08–0430 Safety Zone; South Timbalier Block 22, Gulf of Mexico, Port Fourchon, LA. SUMMARY: (a) Location. The following area is a safety zone: all navigable waters within a one nautical mile radius of the capsized vessel and emergency response operations taking place at 29°00′25.7877″ N, 090°11′52.9852″ W. (b) Effective period. This section is effective without actual notice from June 24, 2021 through August 02, 2021. For the purposes of enforcement, actual notice will be used from June 15, 2021 until June 24, 2021. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into or remaining within this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit (COTP) or 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 Marine Safety Unit Houma. (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or 67 or by telephone at (985) 665–2437. (3) Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful directions issued by COTP or the designated representative. (e) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety VerDate Sep<11>2014 16:01 Jun 23, 2021 Jkt 253001 The Coast Guard will enforce a special local regulation for the Patriot’s Point 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 Patriot’s Point Fireworks Display occurring on the bank of the Cooper River at Patriot’s Point, in Charleston, South Carolina. The temporary safety zone is 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. DATES: The regulation in 33 CFR 100.704, Table 1 to § 100.704, Item No. (6), will be enforced from 8 p.m. until 10 p.m. on July 4, 2021. FOR FURTHER INFORMATION CONTACT: 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. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local regulation in 33 CFR 100.704, Table 1 to § 100.704, Item No. (6), for the Patriot’s Point 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. (6), specifies the location of the regulated PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 [FR Doc. 2021–13254 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–2021–0166] RIN 1625–AA00 Safety Zone; Tall Ships Boothbay Harbor 2021, Boothbay Harbor, ME Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a series of temporary safety zones on the waters of Boothbay Harbor, Maine. These safety zones are necessary to provide for the safety of participant vessels and the general public during Tall Ships Boothbay Harbor, 2021, an event allowing for public tours of tall ships (large sailing vessels) from various countries while at the docks of Boothbay Harbor, Maine. When enforced, this rule will prohibit persons and vessels from entering into the safety zone unless authorized by the Captain of the Port Northern New England or a designated representative. DATES: This rule is effective from 12:01 a.m. on June 25, 2021 until 12:01 a.m. on June 28, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0166 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Next, in the Document SUMMARY: E:\FR\FM\24JNR1.SGM 24JNR1

Agencies

[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33126-33128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13310]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0430]
RIN 1625-AA00


Safety Zone; South Timbalier Block 22, Gulf of Mexico, Port 
Fourchon, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters within a one nautical mile radius around a 
capsized vessel in the Gulf of Mexico, South Timbalier block 22, near 
Port Fourchon, LA. The temporary safety zone is needed to protect life 
and property during emergency salvage operations surrounding the 
capsized vessel. Entry of vessels or persons into this zone and 
movement of vessels within this zone is prohibited unless specifically 
authorized by the Captain of the Port Marine Safety Unit Houma or a 
designated representative.

DATES: This rule is effective without actual notice from June 24, 2021 
through August 2, 2021. For the purposes of enforcement, actual notice 
will be used from June 15, 2021 until June 24, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0430 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 Commander Matthew M. Spolarich, Chief of Prevention, U.S. 
Coast Guard; telephone 985-850-6437, 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 impractible. A safety zone is 
necessary to facilitate safe salvage operations surrounding a capsized 
vessel that has garnered high media interest and is in a location 
frequented by commercial and recreational vessel traffic. Immediate 
action is needed to respond to the potential safety hazards associated 
with recovery salvage operations. We must establish this safety zone by 
June 15, 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 against the public interest because immediate action 
is needed to continue ongoing recovery salvage operations.

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 Marine 
Safety Unit Houma (COTP) has determined that potential hazards 
associated with the recovery salvage operations continuing through 
August 2, 2021, will be a safety concern for anyone within a one 
nautical mile radius around the capsized vessel in South Timbalier 
Block 22 of the Gulf of Mexico at position 29[deg]00'25.7877'' N, 
090[deg]11'52.9852'' W. This rule is needed to protect life and 
property on the navigable waters while recovery salvage operations are 
ongoing.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from June 15, 2021 
through August 02, 2021. The safety zone will cover all navigable 
waters within a one nautical mile radius around position 
29[deg]00'25.7877'' N, 090[deg]11'52.9852'' W,

[[Page 33127]]

in South Timbalier Block 22 of the Gulf of Mexico, near Port Fouchon, 
LA. The duration of the zone is intended to protect life and property 
on these navigable waters for the duration of emergency recovery 
salvage operations related to the capsized vessel. No vessel or person 
will be permitted to enter and move within the safety zone without 
obtaining permission from the COTP 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 Marine Safety Unit Houma. Vessels requiring entry into this 
safety zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16 or 67. 
Persons and vessels permitted to enter or to move within this safety 
zone must transit at their slowest safe speed and comply with all 
lawful directions issued by the COTP or the designated representative. 
The COTP or a designated representative will inform the public of the 
enforcement periods and changes through Broadcast Notices to Mariners 
(BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety 
Information Bulletins (MSIBs) as appropriate.

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 Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the limited scale 
of the safety zone and the ease of vessel traffic navigating around 
said zone.

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 
safety zone 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 that will prohibit entry within a one nautical mile radius 
of vessels and machinery being used by personnel response operations to 
a capsized vessel. It is categorically excluded from further review 
under paragraph L60(d) 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.

[[Page 33128]]

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.T08-0430 to read as follows:


Sec.  165.T08-0430  Safety Zone; South Timbalier Block 22, Gulf of 
Mexico, Port Fourchon, LA.

    (a) Location. The following area is a safety zone: all navigable 
waters within a one nautical mile radius of the capsized vessel and 
emergency response operations taking place at 29[deg]00'25.7877'' N, 
090[deg]11'52.9852'' W.
    (b) Effective period. This section is effective without actual 
notice from June 24, 2021 through August 02, 2021. For the purposes of 
enforcement, actual notice will be used from June 15, 2021 until June 
24, 2021.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into or remaining within this zone is 
prohibited unless authorized by the Captain of the Port Marine Safety 
Unit (COTP) or 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 Marine Safety 
Unit Houma.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67 or by telephone at (985) 665-2437.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by COTP or the designated representative.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices 
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

J.W. Russell,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit 
Houma.
[FR Doc. 2021-13310 Filed 6-23-21; 8:45 am]
BILLING CODE 9110-04-P