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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Rules and Regulations
While some owners or operators of vessels intending to transit the special local regulation 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.
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.

jspears on DSK121TN23PROD with RULES1

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
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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.

100.T110076 Ironman 70.3 Oceanside, Oceanside, California.

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 special local regulation that will limit access to Oceanside Harbor and certain areas offshore Oceanside for 5 hours, from 5:30 a.m. until 10:30 a.m.
It is categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 0230100101, 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.
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:

2. Add 100.T110076 to read as follows:

a Regulated area. The regulations in this section apply to the following area:
All navigable waters, from surface to bottom, on a pre-determined course offshore Oceanside and within Oceanside Harbor, beginning at the starting point of the event at Oceanside Harbor Beach, proceeding southwest to the first turn marker, continuing northwest past the jetty, proceeding northeast through the harbor channel, then southeast into Oceanside Harbor before concluding at the finish line within Oceanside Harbor.
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 notice via Local Notice to Mariners and Safety Marine Information Broadcasts on Channel 22A.
d Enforcement period. This section will be enforced from 5:30 a.m. until 10:30 a.m., on October 30, 2021.
Dated: October 19, 2021.
T.J. Barelli, Captain, U.S. Coast Guard, Captain of the Port San Diego.
FR Doc. 202123171 Filed 102221; 8:45 am BILLING CODE 911004P

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