Safety Zone; Lake Charles, Lake Charles, LA, 34134-34136 [2021-13817]
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34134
Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations
(1) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(2) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
H. Consultation With Indian Tribes
(E.O. 13175 and Departmental Policy)
The Department strives to strengthen
its government-to-government
relationship with Indian tribes through
a commitment to consultation with
Indian tribes and recognition of their
right to self-governance and tribal
sovereignty. We evaluated this rule
under the Department’s consultation
policy, under Departmental Manual Part
512 Chapters 4 and 5, and under the
criteria in E.O. 13175. We determined
that this rule has no substantial direct
effects on Federally-recognized Indian
tribes or Alaska Native Claims
Settlement Act (ANCSA) Corporations,
and that consultation under the
Department’s tribal and ANCSA
consultation policies is not required.
I. Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the OMB under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) is not required.
J. National Environmental Policy Act
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the rule
is covered by a categorical exclusion
(see 43 CFR 46.210(i)). This rule is
excluded from the requirement to
prepare a detailed statement because it
is a regulation of an administrative
nature. BSEE also determined that the
rule does not implicate any of the
extraordinary circumstances listed in 43
CFR 46.215 that would require further
NEPA analysis.
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K. Effects on the Energy Supply (E.O.
13211)
This rule is not a significant energy
action under the definition in E.O.
13211. Therefore, a Statement of Energy
Effects is not required.
List of Subjects in 30 CFR Part 250
Administrative practice and
procedure, Continental shelf,
Continental Shelf—mineral resources,
Continental Shelf—rights-of-way,
Environmental impact statements,
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Environmental protection, Government
contracts, Investigations, Oil and gas
exploration, Penalties, Pipelines,
Reporting and recordkeeping
requirements, Sulfur.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
For the reasons given in the preamble,
the Bureau of Safety and Environmental
Enforcement amends title 30, chapter II,
subchapter B, part 250 Code of Federal
Regulations as follows.
PART 250—OIL AND GAS AND
SULFUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
1. The authority citation for part 250
continues to read as follows:
■
Authority: 30 U.S.C. 1751, 31 U.S.C. 9701,
33 U.S.C. 1321(j)(1)(C), 43 U.S.C. 1334.
2. Revise § 250.1453 to read as
follows:
■
§ 250.1453
violation?
What if I do not correct the
(a) We may send you a Notice of Civil
Penalty if you do not correct all of the
violations identified in the Notice of
Noncompliance within 20 days after
you receive the Notice of
Noncompliance (or within a longer time
period specified in that Notice). The
Notice of Civil Penalty will tell you how
much penalty you must pay for each
day, beginning with the date of the
Notice of Noncompliance, for each
violation identified in the Notice of
Noncompliance for as long as you do
not correct the violation. The maximum
civil penalty amount for each day of
such an uncorrected violation is as
specified in 30 CFR 1241.52(a)(2).
(b) If you do not correct all of the
violations identified in the Notice of
Noncompliance within 40 days after
you receive the Notice of
Noncompliance (or 20 days following
the expiration of a longer time period
specified in that Notice), we may
increase the penalty for each day,
beginning with the date of the Notice of
Noncompliance, for each violation for as
long as you do not correct the
violations. The maximum civil penalty
amount for each day of such an
uncorrected violation is as specified in
30 CFR 1241.52(b).
■ 3. Revise § 250.1460 to read as
follows:
§ 250.1460 May I be subject to penalties
without prior notice and an opportunity to
correct?
The Federal Oil and Gas Royalty
Management Act sets out several
specific violations for which penalties
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accrue without an opportunity to first
correct the violation.
(a) Under 30 U.S.C. 1719(c), you may
be subject to civil penalties up to the
maximum amount specified in 30 CFR
1241.60(b)(1) for each violation for each
day that it continues if you:
(1) Fail or refuse to permit lawful
entry, inspection, or audit; or
(2) Knowingly or willfully fail or
refuse to notify the Secretary, within 5
business days after any well begins
production on a lease site or allocated
to a lease site, or resumes production in
the case of a well which has been off
production for more than 90 days, of the
date on which production has begun or
resumed.
(b) Under 30 U.S.C. 1719(d), you may
be subject to civil penalties up to the
maximum amount specified in 30 CFR
1241.60(b)(2) for each violation for each
day that it continues if you:
(1) Knowingly or willfully prepare,
maintain, or submit false, inaccurate, or
misleading reports, notices, affidavits,
records, data, or other written
information;
(2) Knowingly or willfully take or
remove, transport, use or divert any oil
or gas from any lease site without
having valid legal authority to do so; or
(3) Purchase, accept, sell, transport, or
convey to another person, any oil or gas
knowing or having reason to know that
such oil or gas was stolen or unlawfully
removed or diverted.
[FR Doc. 2021–13805 Filed 6–28–21; 8:45 am]
BILLING CODE 4310–VH–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0379]
RIN 1625–AA00
Safety Zone; Lake Charles, Lake
Charles, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of Lake Charles
west of 93°13′51.2″ W, east of 93°14′8.3″
W, and extending 500 yards south from
the northern shore of Lake Charles. This
safety zone is necessary to protect
persons and vessels from hazards
associated with a Pro Watercross event
on August 28 and 29, 2021 in Lake
Charles, LA. This regulation prohibits
persons and vessels from being in the
SUMMARY:
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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations
safety zone unless authorized by the
Captain of the Port Marine Safety Unit
Port Arthur or a designated
representative.
This rule is effective from 8 a.m.
through 6 p.m. on August 28, 2021 and
August 29, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0379 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email LT Christpher Saylor, MSU Lake
Charles, U.S. Coast Guard; telephone
337–491–7816, email
Christopher.M.Saylor@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
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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
II. Background Information and
Regulatory History
On May 19, 2021, the Pro Watercross
Orginzation notified the Coast Guard
that it would be conducting watercross
races from 8 a.m. through 6 p.m. on
August 28 and 29, 2021. These
watercross races are scheduled to be
conducted along the north shore of Lake
Charles in waters west of 93°13′51.2″ W,
east of 93°14′8.3″ W, and extending 500
yards south from the north shoreline of
Lake Charles, LA. The Captain of the
Port Marine Safety Unit Port Arthur
(COTP) determined that potential
hazards associated with the pro
watercross races would be a safety
concern for spectator craft and vessels
in the vicinity of these race events. In
response, on June 3, 2021, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Lake Charles, Lake Charles, LA (86 FR
29725). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this marine event. During the
comment period that ended June 18,
2021, we received one comment
concurring with the proposed 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 impracticable
because immediate action is needed to
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16:11 Jun 28, 2021
Jkt 253001
respond to the potential safety hazards
associated with high speed boat races.
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 Port Arthur (COTP)
has determined that potential hazards
associated with pro watercross races at
this location would a safety concern for
spectator craft and vessels in the
vicinity of these race events.
The purpose of this rule is to ensure
safety of vessels and the navigable
waters in the safety zone before, during,
and after the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
concurring comment on our NPRM
published June 3, 2021. There are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes a safety zone
from 8 a.m. on August 28, 2021 through
6 p.m. on August 29, 2021. The safety
zone will cover all navigable waters
west of 93°13′51.2″ W, east of 93°14′8.3″
W, and extending 500 yards south from
the north shoreline of Lake Charles, LA.
The duration of the safety zone is
intended to protect participants,
spectators, and other persons and
vessels, in the navigable waters of the
Lake Charles during the watercross
races.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from the COTP or
a 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
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the proposed size, location,
and duration of the safety zone. The
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34135
temporary safety zone would be
enforced on a 500-yards by 500-yards
portion of navigable waters of Lake
Charles, LA for only two days. This rule
would be enforced to protect personnel,
vessels, and the marine environment
from hazards associated with the pro
watercross race.
The Coast Guard will notify the
public by issuing Local Notice to
Mariners (LNM), and/or Marine Safety
Information Bulletin (MSIB) and
Broadcast Notice to Mariners via VHF–
FM radio and the rule will allow vessels
to seek permission to enter the zone
during scheduled breaks.
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 received one
concurring comment from Lauren Jones
on this rulemaking. 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).
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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations
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.
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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 10 hours on each of the two
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event days, and prohibits entry within
500 yards of the beach area of North
Lake Charles. 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
AREA AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
may be contacted on VHF–FM channel
13 or 16, or by phone at by telephone
at 337–912–0073.
(2) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(3) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(4) The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: June 22, 2021.
James B. Suffern,
Commander, U.S. Coast Guard, Acting
Captain of the Port Marine Safety Unit Port
Arthur.
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.
[FR Doc. 2021–13817 Filed 6–28–21; 8:45 am]
■
2. Add § 165.T08–0379 to read as
follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 165.T08–0379 Safety Zone; Lake Charles,
Lake Charles, Louisiana.
Coast Guard
(a) Location. The following area is a
safety zone: All navigable waters of the
Lake Charles west of 93°13′51.2″ W, east
of 93°14′8.3″ W, and extending 500
yards south from the northern shore of
Lake Charles. The duration of the safety
zone is intended to protect participants,
spectators, and other persons and
vessels, on the navigable waters of the
Lake Charles during the watercross
races.
(b) Enforcement period. This section
is effective from 8 a.m. through 6 p.m.
on August 28, 2021 and August 29,
2021.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry of vessels or persons into
this zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Port Arthur (COTP)
or a designated representative. They
33 CFR Part 165
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BILLING CODE 9110–04–P
[Docket Number USCG–2021–0324]
RIN 1625–AA00
Safety Zone; Fireworks Display,
Delaware Bay, Lewes, DE
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
waters of Delaware Bay off Lewes, DE,
for a fireworks display. The safety zone
is needed to protect personnel, vessels,
and the marine environment from
potential hazards created by a fireworks
display. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port (COTP) Delaware Bay.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Rules and Regulations]
[Pages 34134-34136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13817]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0379]
RIN 1625-AA00
Safety Zone; Lake Charles, Lake Charles, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of Lake Charles west of 93[deg]13'51.2'' W, east
of 93[deg]14'8.3'' W, and extending 500 yards south from the northern
shore of Lake Charles. This safety zone is necessary to protect persons
and vessels from hazards associated with a Pro Watercross event on
August 28 and 29, 2021 in Lake Charles, LA. This regulation prohibits
persons and vessels from being in the
[[Page 34135]]
safety zone unless authorized by the Captain of the Port Marine Safety
Unit Port Arthur or a designated representative.
DATES: This rule is effective from 8 a.m. through 6 p.m. on August 28,
2021 and August 29, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0379 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 Christpher Saylor, MSU Lake Charles, U.S. Coast Guard;
telephone 337-491-7816, 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
On May 19, 2021, the Pro Watercross Orginzation notified the Coast
Guard that it would be conducting watercross races from 8 a.m. through
6 p.m. on August 28 and 29, 2021. These watercross races are scheduled
to be conducted along the north shore of Lake Charles in waters west of
93[deg]13'51.2'' W, east of 93[deg]14'8.3'' W, and extending 500 yards
south from the north shoreline of Lake Charles, LA. The Captain of the
Port Marine Safety Unit Port Arthur (COTP) determined that potential
hazards associated with the pro watercross races would be a safety
concern for spectator craft and vessels in the vicinity of these race
events. In response, on June 3, 2021, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zone; Lake Charles,
Lake Charles, LA (86 FR 29725). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
marine event. During the comment period that ended June 18, 2021, we
received one comment concurring with the proposed 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 impracticable because immediate action is needed to
respond to the potential safety hazards associated with high speed boat
races.
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 Port Arthur
(COTP) has determined that potential hazards associated with pro
watercross races at this location would a safety concern for spectator
craft and vessels in the vicinity of these race events.
The purpose of this rule is to ensure safety of vessels and the
navigable waters in the safety zone before, during, and after the
scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one concurring comment on our NPRM
published June 3, 2021. There are no changes in the regulatory text of
this rule from the proposed rule in the NPRM.
This rule establishes a safety zone from 8 a.m. on August 28, 2021
through 6 p.m. on August 29, 2021. The safety zone will cover all
navigable waters west of 93[deg]13'51.2'' W, east of 93[deg]14'8.3'' W,
and extending 500 yards south from the north shoreline of Lake Charles,
LA. The duration of the safety zone is intended to protect
participants, spectators, and other persons and vessels, in the
navigable waters of the Lake Charles during the watercross races.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a 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 Office of Management and Budget
(OMB).
This regulatory action determination is based on the proposed size,
location, and duration of the safety zone. The temporary safety zone
would be enforced on a 500-yards by 500-yards portion of navigable
waters of Lake Charles, LA for only two days. This rule would be
enforced to protect personnel, vessels, and the marine environment from
hazards associated with the pro watercross race.
The Coast Guard will notify the public by issuing Local Notice to
Mariners (LNM), and/or Marine Safety Information Bulletin (MSIB) and
Broadcast Notice to Mariners via VHF-FM radio and the rule will allow
vessels to seek permission to enter the zone during scheduled breaks.
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 received one concurring comment from Lauren
Jones on this rulemaking. 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).
[[Page 34136]]
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 10 hours on each of the two event days, and
prohibits entry within 500 yards of the beach area of North Lake
Charles. 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 AREA 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.T08-0379 to read as follows:
Sec. 165.T08-0379 Safety Zone; Lake Charles, Lake Charles, Louisiana.
(a) Location. The following area is a safety zone: All navigable
waters of the Lake Charles west of 93[deg]13'51.2'' W, east of
93[deg]14'8.3'' W, and extending 500 yards south from the northern
shore of Lake Charles. The duration of the safety zone is intended to
protect participants, spectators, and other persons and vessels, on the
navigable waters of the Lake Charles during the watercross races.
(b) Enforcement period. This section is effective from 8 a.m.
through 6 p.m. on August 28, 2021 and August 29, 2021.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry of vessels or persons into this zone
is prohibited unless authorized by the Captain of the Port Marine
Safety Unit Port Arthur (COTP) or a designated representative. They may
be contacted on VHF-FM channel 13 or 16, or by phone at by telephone at
337-912-0073.
(2) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(3) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
(4) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: June 22, 2021.
James B. Suffern,
Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety
Unit Port Arthur.
[FR Doc. 2021-13817 Filed 6-28-21; 8:45 am]
BILLING CODE 9110-04-P
