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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations 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 1
888REGFAIR 18887343247. 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.

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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. 35013520.
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. If you believe this 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. 15311538 requires Federal agencies to assess the effects of their discretionary regulatory actions. In
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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 02301, 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. 43214370f, 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. Additionally, the event sponsor has provided a marine protection plan that includes aerial and on-water monitoring and provisions for halting the race should any manatees or turtles be observed in or near the race area. This rule involves a temporary special local regulation lasting 7 hours on 3 days that will prohibit entry into the race area or buffer zone, and prohibit vessels from transiting at speeds that cause wake within the spectator area. It is categorically excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 02301
00101, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES.
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 100
Marine safety, Navigation water, Reporting and recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:

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PART 100SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:

Authority: 46 U.S.C. 70041; 33 CFR 1.05
1.

2. Add temporary 100.T7990582 to read as follows:

100.T7990582 Special Local Regulation;
Power Boat Races, Key West, FL.

a Locations. The following regulated areas are established as special local regulations. All coordinates are North American Datum 1983.
1 Race and safety buffer area.
Waters of the Atlantic Ocean of Key West, FL that are encompassed within the following points: Starting at Point 1
in position 2432.506 N, 8149.984 W;
thence southwest to Point 2 in position 2432.455 N, 8149.040 W; thence northwest to Point 3 in position 2432.559 N, 8149.584 W; thence northwest to Point 4 in position 2432.608 N, 8149.628 W; thence northwest to Point 5 in position 2433.095 N, 8149.265 W; thence northeast to Point 6 in position 2433.518 N, 8148.902 W; thence northeast to Point 7 in position 2433.908 N, 8148.448 W; thence east to Point 8 in position 2433.898 N, 8148.364 W; thence southeast back to origin.
2 Spectator area. All waters of the Atlantic Ocean in Key West, FL that are encompassed within the following points: starting at Point 1 in position 2433.123 N, 8149.290 W; thence northeast to Point 2 in position 2433.545 N, 8148.923 W; thence east to Point 3 in position 2433.518 N, 8148.902 W thence southwest to point 4 in position 2433.095 N, 8149.265 W
thence west back to origin.
b Definition. As used in this section, the term designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Key West in the enforcement of the safety zone.
c Regulations. 1 All nonparticipant persons and vessels, except those persons and vessels participating in the high-speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within the regulated areas described in paragraph a of this section unless authorized by the Captain of the Port Key West or their designated representative.

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