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Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Rules and Regulations 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 contact 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 will 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 contact 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
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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 temporary safety zone in the navigable waters that will only extend 100-yards out from active NSWG1 dive operations and associated activities occurring in Lake Tahoe, CA. It is categorically excluded from further review under paragraph L60a of Appendix A, Table 1 of DHS Instruction Manual 0230100101, Rev. 1. A
Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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 165
Harbors, 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 165 as follows:
PART 165REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:

Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.051, 6.041, 6.046, and 160.5;

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Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2.

2. Add 165.T11071 to read as follows:

165.T11071 Safety Zone; Lake Tahoe Dive Operations, Lake Tahoe, CA.

a Location. The following area is a safety zone: All navigable waters of Lake Tahoe, from surface to bottom, within the area formed by connecting all points 100 yards out from the location of the dive operation at approximate position 39952.8 N, 120749.4 W to approximate position 391050.9 N, 120537.4 W or as announced via Broadcast Notice to Mariners.
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 or a Federal, State, or local officer designated by or assisting the Captain of the Port San Francisco COTP in the enforcement of the safety zone.
c Regulations. 1 Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph a of this section unless authorized by the COTP
or the COTPs designated representative.
2 The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTPs designated representative.
3 Vessel operators desiring to enter or operate within the safety zone must contact the COTP or the COTPs designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTPs designated representative. Persons and vessels may request permission to enter the safety zone on VHF23A or through the 24-hour Command Center at telephone 415 3993547.
d Enforcement period. This section will be enforced from October 5, 2021, at 12:01 a.m. until October 14, 2021, at 11:59 p.m., or as announced via marine information broadcast.
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 165.7.
Dated: October 4, 2021.
Taylor Q. Lam, Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
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