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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
This rule is effective from 9:30
a.m. on November 10, 2021, until 4:30
p.m. on November 14, 2021. This rule will only be subject to enforcement from the hours of 9:30 a.m. to 4:30 p.m., on November 10, 12, and 14, 2021.

DATES:

To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0582 in the SEARCH box and click SEARCH. Click on Open Docket Folder on the line associated with this rule.

ADDRESSES:

If you have questions on this rule, call or email Lieutenant Junior Grade Vera Max, Sector Key West Waterways Management Division, Coast Guard;
telephone 305 2928768, email SKWWaterways@uscg.mil.

FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Section U.S.C. United States Code
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II. Background Information and Regulatory History On May 7, 2021, Race World Offshore notified the Coast Guard that it would be conducting high-speed boat races from 9:30 a.m. until 4:30 p.m. each day on November 10, 12, and 14, 2021.
Approximately 50 participants and 200
spectator craft are expected to attend the event, which will take place in the Atlantic Ocean, off the tip of Key West, Florida, on the waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor Entrance in Key West, FL. In response, on October 5, 2021, the Coast Guard published a notice of proposed rulemaking NPRM
titled, Special Local Regulation;
Atlantic Ocean, Key West, FL 86 FR
54879. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this power boat race event.
Under 5 U.S.C. 553d3, the Coast Guard finds that good cause exists for making this rule effective less than 30
days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable because the event is taking place on November 10, 12, and 14, 2021, and immediate action is needed to respond to the potential safety hazards associated with this event.

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III. Legal Authority and Need for Rule
V. Regulatory Analyses
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041. The Captain of the Port Key West COTP
has determined that the potential hazards associated with the high-speed boat race would be a safety concern for the participants, participant vessels, and the general public. The purpose of this rule is to protect event participants, spectators, and vessels on the navigable waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor Entrance before, during, and after the scheduled event.

We developed this 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.

IV. Discussion of Comments, Changes, and the Rule As noted above, we received six comments on our NPRM published October 5, 2021. Four comments were in support of the rule, citing the need for safety around this large event. One comment was in support of the rule, but pointed out the possible effects on small entities and their options for working with the Coast Guard to mitigate those effects, as discussed in section V.B of this rule. We received one comment that raised concerns about the West Indian Manatee, calling for measures to be in place to account for injuries to manatees and other species that could be harmed by the high-speed boat races. The Coast Guard has conducted outreach with several state and federal agencies, including the Florida Keys National Marine Sanctuary and U.S. Department of Fish and Wildlife, through the Environmental Analysis discussed in Section V.F. The sponsor has provided a safety plan, including measures for protection of manatees. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a temporary special local regulation that will be subject to enforcement from 9:30 a.m.
until 4:30 p.m. on November 10, 12, and 14, 2021. The temporary special local regulation consists of two regulated areas: 1 Race and safety buffer area, and 2 spectator area. These areas prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within the race area or buffer zone and prohibit vessels from transiting at speeds that cause wake within the spectator area, unless authorized by the COTP Key West or a designated representative. The temporary special local regulation covers all navigable waters in the Atlantic Ocean, off the tip of Key West, Florida, on the waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor Entrance.

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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.
This rule has not been designated a significant regulatory action, under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget OMB.
This regulatory action determination is based on the location, duration, and time-of-day of the regulated area.
Although persons and vessels may not enter, transit through, anchor in, or remain within the area without authorization from the COTP or a designated representative, they will be able to safely transit around the area.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF
FM marine channel 16 about the area, and the rule will allow vessels to seek permission to enter the area between race heats.
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 received no comments from the Small Business Administration on this rulemaking. 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 regulated area 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
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