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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations V. Regulatory Analyses 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.
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 short amount of time that vessels will be restricted from certain parts of the waterway and the small size of these areas that are usually positioned away from high vessel traffic zones. Generally, vessels will not be precluded from getting underway, or mooring at any piers or marinas currently located in the vicinity of the regulated areas. Advance notifications will also be made to the local maritime community by issuance of Local Notice to Mariners, Broadcast Notice to Mariners via VHFFM marine channel 16, Marine Safety Information or Security Bulletins so mariners can adjust their plans accordingly.
Notifications to the public for most events will typically be made by local newspapers, radio and TV stations. The Coast Guard anticipates that these special local regulations will only be enforced one to three times per year.

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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 through a
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safety zone may be small entities, for the reasons stated in section IV.A above, this rule will not have a significant economic impact on any vessel owner or operator. These safety zones will not have a significant economic impact on a substantial number of small entities for the following reasons: The Coast Guard will ensure that small entities are able to operate in the areas where events are occurring to the extent possible while ensuring the safety of the public.
The enforcement period will be short in duration and, in many of the areas, vessels can transit safely around the special local regulation zone. Generally, permission to enter, remain in, or transit through these regulated areas during the enforcement period may be given when deemed safe to do so by the Event PATCOM on scene.
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.
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
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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 implementation of regulations within 33
CFR part 100 that apply to recurring special local regulations for marine events that take place either on or over the navigable waters of the United States. Some events by their nature may introduce potential for adverse impact on the safety or other interest of waterway users or waterfront infrastructure within or close proximity to the event area. It is categorically excluded from further review under paragraph L 61 of Appendix A, Table 1 of DHS Instruction Manual 02301
00101, Rev. 1. A memorandum for record MFR supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of this preamble.

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