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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations Safety Marine Information Broadcast over Channel 22A.
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 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 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
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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.
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 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. This rule involves a regulated area that would limit access to certain areas of San Diego Bay from 8:30
a.m. to 10 a.m. It is categorically excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 02301
00101, Rev. 1.
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.

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List of Subjects in 33 CFR Part 100
Marine safety, Navigation water, Reporting and recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
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 100.T110748 to read as follows:

100.T110748 San Diego Sharkfest Swim, San Diego Bay, California.

a Regulated area. The regulations in this section apply to the following area:
all navigable waters of San Diego Bay encompassed by a line connecting the following points beginning at 324214
N, 1170955 W Point A; thence running southerly to 324149 N, 1170957 W Point B; thence running south, along the shoreline to 324119
N, 1170948 W Point C; thence running north easterly to 324123 N, 1170941 W Point D; thence running northerly to 324200 N, 1170938
Point E; thence running northerly, along the shoreline to the beginning point. These coordinates are based on the 1984 World Geodetic System WGS
84.
b Definitions. As used in this section 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 San Diego COTP in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event sponsor as a participants in the race.
c Regulations. 1 All nonparticipants are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area described in paragraph a of this section unless authorized by the Captain of the Port San Diego or their designated representative.
2 Vessels requiring entry into this regulated area must request permission from the COTP or a designated representative. They may be contacted on VHFFM Channel 21A or by telephone at 6192787033.
3 The COTP will provide notice of the regulated area through advanced
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