Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Proposed Rules 29725 

TABLE 4 TO PARAGRAPH (i)(4)—Continued 

Event Regulated area Enforcement period(s) 1 Sponsor 

Wilmington YMCA 

Triathlon.

All navigable waters of Motts Channel, from shoreline to shoreline and between 

Wrightsville Channel Day beacon 14 (LLNR 30220), located at latitude 34°12′17.8′′ N, 

longitude 077°48′09.1′′ W, thence westward to Wrightsville Channel Day beacon 25 

(LLNR 30255), located at latitude 34°12′52.1′′ N, longitude 077°48′53.5′′ W.

1. The 3rd, 4th, or last 

Saturday in September; or 

2. The last Saturday in 

October; or 

3. The 1st or 2nd Saturday in November 

Wilmington, NC, 

YMCA. 

1As noted, the enforcement dates and times for each of the listed events in this table 4 are subject to change. In the event of a change, or for enforcement periods 

listed that do not allow a specific date or dates to be determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in the 

Federal Register, as well as, issuing a Broadcaster Notice to Mariner. 

Dated: May 10, 2021. 

Laura M. Dickey, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2021–11570 Filed 6–2–21; 8:45 am] 

BILLING CODE 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, Department of 

Homeland Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish 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. 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 

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, 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°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) 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°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 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 


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29726 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Proposed Rules 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Proposed Rules 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 

■ 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 

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 § 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0208] 

RIN 1625–AA87 

Security Zones; Lewes and Rehoboth 

Canal and Atlantic Ocean, Rehoboth, 

DE 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish two security zones for 

certain waters of Rehoboth Beach to 

prevent waterside threats and incidents 

for persons under the protection of the 

United States Secret Service (USSS) in 

the vicinity of Rehoboth Beach, 

Delaware. These security zones would 

be enforced intermittently and only for 

the protection of persons protected by 

USSS when in the area and will restrict 

vessel traffic while the zone is being 

enforced. This rule would prohibit 

vessels and people from entering the 

zones unless specifically exempt under 

the provisions of this rule or granted 

specific permission from the Captain of 

the Port (COTP) Delaware Bay or a 

designated representative. Any vessel 

requesting to transit the zones without 

pause or delay, will typically be 

authorized to do so by on scene 

enforcement vessels. We invite your 

comments on this proposed rule. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 19, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0208 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 Petty Officer 

Edmund Ofalt, U.S. Coast Guard, Sector 

Delaware Bay, Waterways Management 

Division; telephone 215–271–4889, 

email Edmund.J.Ofalt@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

BNM Broadcast Notice to Mariners 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

OMB Office of Management and Budget 

§ Section 

U.S.C. United States Code 

USSS United States Secret Service 

II. Background, Purpose, and Legal 

Basis 

On occasion, persons protected by the 

USSS under 18 U.S.C. 3056 or pursuant 

to Presidential memorandum will visit 

Rehoboth Beach, Delaware, and the 

surrounding vicinity. These visits 

require the implementation of 

heightened security measures for 

persons protected by the USSS who may 

be present in the vicinity of Rehoboth 

Beach, Delaware. Due to the close 

proximity of the Lewes and Rehoboth 

canal, and the Atlantic Ocean, these 

security zones are necessary for USSS 

protectees, the public, and the 

surrounding waterway. 

The purpose of this proposed 

rulemaking is to protect USSS 

protectees and the public from 

destruction, loss, or injury from 

sabotage, subversive acts, or other 

malicious or potential terrorist acts. The 

Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231), as 

delegated by Department of Homeland 

Security Delegation no. 0170.1, section 

II, paragraph 70, from the Secretary of 

DHS to the Commandant of the U.S. 

Coast Guard, and further redelegated by 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 

160.5 to the Captains of the Port. 

III. Discussion of Proposed Rule 

The COTP is proposing to establish 

two security zones for the protection of 

USSS protectees when present in the 

vicinity of Rehoboth Beach, Delaware. 

This rule is necessary to expedite the 


khammond on DSKJM1Z7X2PROD with PROPOSALS