[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Proposed Rules]
[Pages 29725-29727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11584]


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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, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish 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. Entry 
of vessels or persons into this zone would be prohibited unless 
authorized by the Captain of the Port Marine Safety Unit Port Arthur or 
a designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 18, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0379 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, 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#99daf1ebf0eaedf6e9f1fcebb7d4b7caf8e0f5f6ebd9eceafafeb7f4f0f5"><span class="__cf_email__" data-cfemail="094a617b607a7d6679616c7b2744275a687065667b497c7a6a6e27646065">[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, Purpose, and Legal Basis

    On May 19, 2021, the Pro Watercross Organization 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) has 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.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters in the vicinity of the pro watercross race 
course, during, and after the scheduled races. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a temporary safety zone from 8 
a.m. on August 28, 2021, through 6 p.m. on August 29, 2021. The safety 
zone would be enforced from 8 a.m. through 6 p.m. on both days the 28th 
and the 29th of August 2021. The safety zone would 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 would be permitted to enter the safety zone 
without obtaining permission from the 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.
    The COTP or a designated representative may prohibit or control the 
movement of all vessels in the zone. When hailed or signaled by an 
official patrol vessel, a vessel would 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. The 
COTP or a designated representative may terminate the operation of any 
vessel at any time it is deemed necessary for the protection of life or 
property. The COTP or a designated representative may terminate 
enforcement of the safety zone at the conclusion of the event.
    The COTP or a designated representative would 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.

IV. Regulatory Analyses

    We developed this proposed 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

[[Page 29726]]

approaches that maximize net benefits. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based the 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.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a safety 
zone lasting 10 hours on each of the two event days, and would prohibit 
entry within 500 yards of the beach area of North Lake Charles. 
Normally such actions are categorically excluded from further review 
under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A preliminary 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. We review all

[[Page 29727]]

comments received, but we will only post comments that address the 
topic of the proposed rule. We may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive.

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 
proposing to amend 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 will be enforced 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, 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.
    (d) 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: May 27, 2021.
Molly A. Wike,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port 
Arthur.
[FR Doc. 2021-11584 Filed 6-2-21; 8:45 am]
BILLING CODE 9110-04-P


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