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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations safety zone unless authorized by the Captain of the Port Marine Safety Unit Port Arthur or a designated representative.
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 USCG2021
0379 in the search box and click Search. Next, in the Document Type column, select Supporting & Related Material.
DATES:

If you have questions on this rule, call or email LT Christpher Saylor, MSU Lake Charles, U.S. Coast Guard; telephone 3374917816, email Christopher.M.Saylor@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Table of Abbreviations
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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 931351.2 W, east of 93148.3 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. 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 impracticable because immediate action is needed to
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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 931351.2 W, east of 93148.3
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
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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. 601612, 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. 605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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 agencys responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1888REGFAIR 18887343247.

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