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. 

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, 

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 What if I do not correct the 

violation? 

(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 

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 

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°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 


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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 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 

Christopher.M.Saylor@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 

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 

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 

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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34136 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. 

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 

■ 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.T08–0379 to read as 

follows: 

§ 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°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 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0324] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Delaware Bay, Lewes, DE 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: 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. 


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