Rule2021-13817
Safety Zone; Lake Charles, Lake Charles, LA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 29, 2021
Effective
August 28, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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 safety zone unless authorized by the Captain of the Port Marine Safety Unit Port Arthur or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 122 (Tuesday, June 29, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#83c0ebf1eaf0f7ecf3ebe6f1adceadd0e2faefecf1c3f6f0e0e4adeeeaef"><span class="__cf_email__" data-cfemail="b3f0dbc1dac0c7dcc3dbd6c19dfe9de0d2cadfdcc1f3c6c0d0d49ddedadf">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on June 29, 2021.
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