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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations e Information broadcasts. The COTP
or the COTPs 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. 202113620 Filed 62321; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210420
RIN 1625AA00

Safety Zone; Clear Lake, Clear Creek, TX
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

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 USCG2021
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 2814644780, email James.V.Mitard@
uscg.mil.

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SUMMARY:

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking
VerDate Sep<11>2014

16:01 Jun 23, 2021

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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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, 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. 553d3, 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:

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Pre-Stage Zone: This area is the prestaging area for participating vessels to line up. It will include all waters within the following areas 2933.13 N, 09501.84 W, 2933.12 N, 09501.89 W, 2933.23 N, 09501.96 W, 2933.13 N, 09501.84 W.
Approach Zone: 14 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 2933.256 N, 09501.89
W and end at approximately 2933.33 N, 09502.15 W.
Course Run Zone: 34 mile distance where participating vessels will conduct their high-speed run. This will be a straight line to begin at approximately 2933.33 N, 09502.16 W and end at approximately 2933.53 N, 09502.98
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 2933.53 N, 09502.98
W and end at approximately 2933.74 N, 09504.1 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
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