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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
Dated: October 26, 2021.
Peter A. Winn, Acting Chief Privacy and Civil Liberties Officer, United States Department of Justice.
FR Doc. 202124316 Filed 11521; 8:45 am BILLING CODE 4410NWP

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket Number USCG20200332
RIN 1625AA08

Special Local Regulations; Recurring Marine Events Within the Fifth Coast Guard District Coast Guard, DHS.
Final rule.

AGENCY:
ACTION:

The Coast Guard is amending its special local regulations established for recurring marine events that take place within the Fifth Coast Guard District area of responsibility. The Coast Guard has periodically updated this regulation to account for changes in these marine events. Through this final rule, the current list of recurring marine events requiring special local regulations is updated with revisions, additional events, and the removal of events that no longer take place in the Fifth Coast Guard District area of responsibility. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas to promote safety on the water around marine events.
DATES: This rule is effective December 8, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2020
0332 in the SEARCH box and click SEARCH. Click on Open Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ethan Coble, Fifth Coast Guard District Office of Waterways Management, U.S. Coast Guard;
telephone 757 3987745, email Ethan.J.Coble@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:

I. Table of Abbreviations APA Administrative Procedure Act CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register
VerDate Sep<11>2014

16:24 Nov 05, 2021

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MFR Memorandum for Record NPRM Notice of proposed rulemaking PATCOM Patrol Commander Section U.S.C. United States Code
II. Background Information and Regulatory History The Coast Guard regularly updates the regulations for recurring special local regulations within the Fifth Coast Guard District listed in 33 CFR 100.501, and its respective tables. These recurring special local regulations are for marine events that take place either on or over the navigable waters of the Fifth Coast Guard District as defined at 33 CFR
3.25. These regulations were last amended June 13, 2017 81 FR 81005.
Since then, Marine Events within the Fifth US Coast Guard District have been newly created or changed in a way that varies from their description in this regulation. In response, on June 03, 2021, the Coast Guard published a notice of proposed rulemaking NPRM
titled Special Local Regulations;
Recurring Marine Events and within the Fifth Coast Guard District 86 FR
29711. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to special local regulations and recurring marine events. The comment period ended on July 6, 2021, and we received no comments.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041. The Secretary has delegated ports and waterways authority, with certain reservations not applicable here, to the Commandant via DHS Delegation No.
00170.1II70, Revision No. 01.2. The Commandant has further delegated these authorities within the Coast Guard as described in 33 CFR 1.051 and 6.04
6. The Coast Guard has determined that the events listed in this rule could pose a risk to participants or waterway users if normal vessel traffic were to interfere with the event. Possible hazards include risks of participant injury or death resulting from near or actual contact with non-participant vessels traversing through the regulated areas. In order to protect the safety of all waterway users, including event participants and spectators, this rule establishes special local regulations for the time and location of each marine event. This rule prevents vessels from entering, transiting, mooring or anchoring within areas specifically designated as regulated areas during the periods of enforcement, unless authorized by the Captain of the Port COTP, or designated Event Patrol Commander.

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IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published June 3, 2021. We made no changes to the regulatory text as it was proposed in our NPRM. The following discussion explains the changes made to the CFR
by this rule.
A. Changes To Improve Clarity and Reflect Current Coast Guard Marine Event Policies We have made several stylistic and formatting changes to update 33 CFR
100.501, and associated tables, to provide greater clarity and remove potential ambiguities. We have also made revisions to reflect current Coast Guard marine event policy. The following is a summary of changes from the current regulatory text:
Plain language edits, such as switching from passive to active voice and more clearly stating the enforcement period for each event.
Writing regulatory requirements and definitions in the singular rather than the plural, where appropriate.
Listing definitions and the events by COTP Zone in alphabetical order.
Reformatting the table entries so they all are similar.
Separating the special local regulations for each COTP Zone into their own tables.
Amending the name and location for Sector Virginia to Portsmouth, VA
where the command center is located, and updating the phone number for Sector North Carolina.
Additionally, we consolidated all defined terms into a single paragraph, 33 CFR 100.501b, and listed them in alphabetical order. Currently the defined terms buffer area, race area, and spectator area appear in the regulatory requirements paragraph 33
CFR 100.5014c rather than with the definitions. These definitions have been moved to the definition section and put into alphabetical order. Regulatory requirements for these areas will remain in the regulatory requirements portion of the regulation.
We changed the defined term of buffer area to buffer zone to comport with the more common usage.
The definition is revised to reflect that it may sometimes be appropriate to utilize a buffer zone at the event if there is not a spectator area within the regulated area.
We changed the defined term Coast Guard Patrol Commander to Event Patrol Commander or Event PATCOM
in alignment with updated local policy.
The underlying associated definition
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