[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]


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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.

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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]
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