33130 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 

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 safety 

zones limited in duration and size that 

encompass the areas around visiting tall 

ships. 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 is amending 

33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–0166 to read as 

follows: 

§ 165.T01–0166 Safety Zone; Tall Ships 

Boothbay Harbor 2021, Boothbay Harbor, 

Maine. 

(a) Definitions. The following 

definitions apply to this section: 

(1) Designated Representative. A 

‘‘Designated Representative’’ is any 

Coast Guard Commissioned, Warrant or 

Petty Officer who has been designated 

by the Captain of the Port, Sector 

Northern New England (COTP), to act 

on his or her behalf. The Designated 

Representative may be on an official 

patrol vessel or may be on shore and 

will communicate with vessels via 

VHF–FM radio or loudhailer. In 

addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

(2) Official patrol vessels. Official 

patrol vessels may consist of any Coast 

Guard, Coast Guard Auxiliary, state, or 

local law enforcement vessels assigned 

or approved by the COTP. 

(3) Spectators. All persons and vessels 

not registered with the event sponsor as 

participants or official patrol vessels. 

(4) Tall ship. Tall ship means any 

sailing vessel participating in the Tall 

Ships Boothbay 2021 within Boothbay 

Harbor, Maine. 

(b) Location. The following areas are 

safety zones: All navigable waters of the 

United States located in Boothbay 

Harbor within a 25-yard radius of any 

tall ship. 

(c) Regulations. (1) No person or 

vessel is allowed within the safety zones 

unless authorized by the cognizant 

Captain of the Port or their Designated 

Representative. 

(2) Persons or vessels operating 

within a confined harbor or channel, 

where there is not sufficient navigable 

water outside of a safety zone to safely 

maneuver are allowed to operate within 

the safety zone and shall travel at the 

minimum speed necessary to maintain a 

safe course. Vessels operating within the 

safety zones shall not come within 25 

yards of a tall ship unless authorized by 

the cognizant Captain of the Port, their 

Designated Representative, or the onscene official patrol. 

(d) Enforcement period. This rule will 

be enforced from 12:01 a.m. on Friday, 

June 25, 2021 through 12:01 a.m. on 

Monday, June 28, 2021. 

(e) Navigation Rules. The Navigation 

Rules shall apply at all times within a 

tall ships safety zone. 

Dated: June 11, 2021. 

B.J. LeFebvre, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Northern New England. 

[FR Doc. 2021–13477 Filed 6–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0371] 

RIN 1625–AA00 

Safety Zone; Oakland Crane Arrival, 

San Francisco Bay, Oakland, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the San 

Francisco Bay during the transit of the 

M/V ZHEN HUA 26, scheduled to arrive 

between June 24, 2021 and July 8, 2021. 

This safety zone is necessary to protect 

personnel, vessels, and the marine 

environment from hazards associated 

with the ship-to-shore gantry crane, 

which will extend more than 215 feet 

out from the transiting vessel and affect 

the vessel’s stability condition. 

Unauthorized persons or vessels are 

prohibited from entering into, transiting 


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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 33131 

through, or remaining in the safety zone 

without permission of the Captain of the 

Port San Francisco or a designated 

representative. 

DATES: This rule is effective from 12:01 

a.m. on June 24, 2021, to 11:59 p.m. July 

8, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0371 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Anthony Solares, Waterways 

Management, U.S. Coast Guard; 

telephone (415) 399–7443, email 

SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port San Francisco 

DHS Department of Homeland Security 

§ 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 with 

respect to this rule because it is 

impracticable. The Coast Guard did not 

receive final details for the vessel’s 

arrival and transit until June 14, 2021. 

The Coast Guard must establish this 

safety zone by June 24, 2021 and lacks 

sufficient time to provide a reasonable 

comment period and 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. It is contrary to the public 

interest to delay the effective date of this 

rule because the safety zone must be 

effective by June 24, 2021 to protect 

vessels and persons from the dangers 

associated with the crane arms 

extending over the water from the M/V 

ZHEN HUA 26 as it transits a busy 

waterway. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port San Francisco has 

determined that potential hazards 

associated with the transit of the M/V 

ZHEN HUA 26 between June 24, 2021 

and July 8, 2021, will be a safety 

concern for anyone within a 500-foot 

radius of the vessel during its transit to 

the Port of Oakland, while the vessel is 

within the San Francisco Bay and areas 

shoreward of the line drawn between 

San Francisco Main Ship Channel 

Lighted Bell Buoy 7 and San Francisco 

Main Ship Channel Lighted Whistle 

Buoy 8 (LLNR 4190 & 4195) in positions 

37°46.9′ N, 122°35.4′ W and 37°46.5′ N, 

122°35.2′ W, respectively. For this 

reason, a safety zone is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters around the M/V ZHEN HUA 26 

during its transit to the Everport 

Container Terminal in Oakland, CA. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 12:01 a.m. on June 24, 

2021 until 11:59 p.m. on July 8, 2021, 

during the inbound transit of the M/V 

ZHEN HUA 26. While the M/V ZHEN 

HUA 26 is within the San Francisco Bay 

and areas shoreward of the line drawn 

between San Francisco Main Ship 

Channel Lighted Bell Buoy 7 and San 

Francisco Main Ship Channel Lighted 

Whistle Buoy 8 (LLNR 4190 & 4195) in 

positions 37°46.9′ N, 122°35.4′ W and 

37°46.5′ N, 122°35.2′ W, respectively, 

the safety zone will encompass the 

navigable waters around and under the 

vessel, from surface to bottom, within a 

circle formed by connecting all points 

500 feet out from the vessel. The safety 

zone is needed to protect personnel, 

mariners, and vessels from hazards 

associated with the ship-to-shore gantry 

crane arm, which will extend more than 

215 feet out from the transiting vessel. 

The M/V ZHEN HUA 26 may make a 

temporary stop in anchorage during its 

transit to the Everport Container 

Terminal. The vessel would stop 

temporarily to catch the proper tide 

window after transiting beneath the San 

Francisco-Oakland Bay Bridge. 

The effect of the safety zone is to 

restrict navigation in the vicinity of the 

M/V ZHEN HUA 26. Except for persons 

or vessels authorized by the COTP or 

the COTP’s designated representative, 

no person or vessel may enter or remain 

in the restricted area. ‘‘Designated 

representative’’ means a Coast Guard 

Patrol Commander, including a Coast 

Guard coxswain, petty officer, or other 

officer operating a Coast Guard vessel or 

a Federal, State, or local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

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 duration and 

narrowly tailored geographic area of the 

safety zone. This safety zone impacts a 

500-foot-radius area of the San 

Francisco Bay in San Francisco, CA for 

a limited duration. While the safety 

zone encompasses a two-week period to 

account for uncertain transit delays of 

the M/V ZHEN HUA 26, the safety zone 

will only be enforced for the duration of 

the vessel’s inbound transit, which is 

expected to last less than 24 hours, and 

that period will be announced via 

Broadcast Notice to Mariners. Vessels 

desiring to transit through the safety 

zone may do so upon express 

permission from the COTP or the 

COTP’s designated representative. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the 

temporary safety zone may be small 


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33132 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 

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 contact 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 which prevents entry to a 500-foot 

radius area of the San Francisco Bay for 

a limited period of time during a 

vessel’s inbound transit. It is 

categorically excluded from further 

review under paragraph L60(a) in Table 

3–1 of Department of Homeland 

Security Directive 023–01. 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 contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T11–055 to read as 

follows: 

§ 165.T11–055 Safety Zone; Oakland Crane 

Arrival, San Francisco Bay, Oakland, CA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

San Francisco Bay, from surface to 

bottom, within a circle formed by 

connecting all points 500 feet out from 

the vessel, M/V ZHEN HUA 26, during 

the vessel’s inbound transit from a line 

drawn between San Francisco Main 

Ship Channel Lighted Bell Buoy 7 and 

San Francisco Main Ship Channel 

Lighted Whistle Buoy 8 (LLNR 4190 & 

4195) in positions 37°46.9′ N, 122°35.4′ 

W (NAD 83) and 37°46.5′ N, 122°35.2′ 

W (NAD 83), respectively, to the 

Everport Container Terminal in 

Oakland, CA. This transit includes a 

stop at anchorage to assess the safe 

bridge clearance and transit beneath the 

San Francisco-Oakland Bay Bridge. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel or a 

Federal, State, or local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or the COTP’s 

designated representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. Persons and 

vessels may request permission to enter 

the safety zone on VHF–23A or through 

the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Enforcement period. This section 

will be enforced between 12:01 a.m. on 

June 24, 2021, until 11:59 p.m. on July 

8, 2021, during the inbound transit of 

the M/V ZHEN HUA 26, or as 

announced via Broadcast Notice to 

Mariners. 


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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 33133 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced, in accordance with 33 CFR 

165.7. 

Dated: June 22, 2021. 

Marie B. Byrd, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Francisco. 

[FR Doc. 2021–13620 Filed 6–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0420] 

RIN 1625–AA00 

Safety Zone; Clear Lake, Clear Creek, 

TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within 100 feet of the 

Pre-Stage Zone, Approach Zone, Course 

Run Zone and Shut-Down Zone during 

the Texas Outlaw Challenge in Clear 

Lake, Clear Creek, TX. The safety zone 

is needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by the power 

boat race. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Houston-Galveston. 

DATES: This rule is effective from 7 a.m. 

to 2 p.m. on June 25, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0420 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Next, in the Document 

Type column, select ‘‘Supporting & 

Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT James Mitard, Sector HoustonGalveston Waterways Management 

Division, U.S. Coast Guard; telephone 

281–464–4780, email James.V.Mitard@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

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 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. We must establish this 

special local regulation by June 25, 2021 

and lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the 

power boat race being conducted in the 

third largest recreational boating 

community in the nation. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Houston-Galveston 

(COTP) has determined that potential 

hazards associated with the power boat 

race on June 25, 2021 in Clear Lake, TX, 

will be a safety concern for anyone 

within the Pre-Stage Zone, Approach 

Zone, Course Run Zone, and Shut-Down 

Zone before, during, and after the 

scheduled event. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within these areas during the 

power boat race. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 a.m. to 2 p.m. on June 25, 2021. 

The safety zone will cover all navigable 

waters within 100 feet of the different 

zones of the boat course to include the 

Pre-Stage Zone, Approach Zone, Course 

Run Zone and Shut-Down Zone. All of 

these zones along with the Spectator 

Zone are described below: 

Pre-Stage Zone: This area is the prestaging area for participating vessels to 

line up. It will include all waters within 

the following areas 29°33.13 N, 

095°01.84 W, 29°33.12 N, 095°01.89 W, 

29°33.23 N, 095°01.96 W, 29°33.13 N, 

095°01.84 W. 

Approach Zone: 1⁄4 mile distance 

required for participating vessels to 

obtain the minimum 40mph 

requirement for course entry. This will 

be a straight line to begin at 

approximately 29°33.256 N, 095°01.89 

W and end at approximately 29°33.33 N, 

095°02.15 W. 

Course Run Zone: 3⁄4 mile distance 

where participating vessels will conduct 

their high-speed run. This will be a 

straight line to begin at approximately 

29°33.33 N, 095°02.16 W and end at 

approximately 29°33.53 N, 095°02.98 

W. 

Shut-Down Zone: 1 mile distance 

where participating vessels will be 

allowed to slow their speeds back to an 

idle. This will be a straight line to begin 

at approximately 29°33.53 N, 095°02.98 

W and end at approximately 29°33.74 N, 

095°04.1 W. 

Spectator Zone: All vessels that will 

be viewing the event will be required to 

stay within a designated area. The 

sponsor is responsible for marking the 

spectator zone with 4 buoys on the outer 

corners and ensuring that all vessels 

within the area are anchored and remain 

in the area during all ongoing highspeed runs. 

No vessel or person would be 

permitted to enter the established zones 

without obtaining permission from the 

on-water Safety-Officer or designated 

representative. If permission to transit 

the area is granted, the person must 

comply with the directions of the onwater Safety Officer or designated 

representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 


khammond on DSKJM1Z7X2PROD with RULES