Federal Register - June 3, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Proposed Rules TABLE 3SPECIAL LOCAL REGULATIONS TO BE REMOVED FROM TABLE TO 33 CFR 100.501Continued
USCG Sector
Sector Virginia COTP
Zone.
Dates
Regulated area
Reason for removal
Nanticoke River Swim and Triathlon.
Event
May1st Sunday
Nanticoke Rivers, MD
Bo Bowman Memorial Sharptown Regatta.
Junelast Saturday and Sunday or July2nd Saturday or Sunday.
May2nd, 3rd, 4th or last Saturday or Sunday.
Junelast Saturday or July1st Saturday.
September1st Friday, Saturday and Sunday or 2nd Friday, Saturday and Sunday.
Nanticoke River, MD
Removing special local regulations and deferring to navigation safety regulations; removal does not negatively impact public safety.
Event is held infrequently and thereby removed from this list of recurring marine events.
Event no longer held.
OxfordBellevue Sharkfest Swim.
RRBA Spring Radar Shootout.
Hampton Bay Days
Tred Avon River, MD
Rappahannock River, Layton, VA.
Sunset Creek and Hampton River, VA.
Event no longer held.
Event no longer held.
The addition of this column is to clarify the COTP zone and make clear to the reader where the change occur geographically.
The regulatory text we are proposing appears at the end of this document.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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 approaches that maximize net benefits.
Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. 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, and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the short amount of time that vessels will be restricted from regulated areas, and the small size of these areas that are usually positioned away from high vessel traffic zones. Generally vessels would not be precluded from getting underway, or mooring at any piers or marinas currently located in the vicinity of the regulated areas. Advance notifications would also be made to the local maritime community by issuance of Local Notice to Mariners, Broadcast Notice to Mariners, Marine Safety Information or Security Bulletins so mariners can adjust their plans accordingly. Notifications to the public for most events will typically be made by local newspapers, radio and TV
stations. The Coast Guard anticipates
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that these special local regulated areas will only be enforced one to three times per year.
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 certifies under 5 U.S.C.
605b 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 through a special local regulated area 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.
These special local regulated areas will not have a significant economic impact on a substantial number of small entities for the following reasons: The Coast Guard will ensure that small entities are able to operate in the areas where events are occurring to the extent possible while ensuring the safety of event participants and non-participants.
The enforcement period will be short in duration and, in many of the areas, vessels can transit safely around the regulated area. Generally permission to enter, remain in, or transit through these regulated areas during the enforcement may be given when deemed safe to do so by the Event PATCOM on scene.
Before the enforcement period, we will issue maritime advisories widely.
If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a
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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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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 contact 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. 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 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
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