Special Local Regulation; Swim for Special Operations Forces; San Diego Bay, San Diego, CA, 49234-49236 [2021-18955]
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
contains anthocyanins as the principal
coloring component.
(2) Color additive mixtures for food
use made with butterfly pea flower
extract may contain only those diluents
that are suitable and are listed in this
subpart as safe for use in color additive
mixtures for coloring foods.
(b) Specifications. Butterfly pea
flower extract must conform to the
following specifications and must be
free from impurities, other than those
named, to the extent that such other
impurities may be avoided by good
manufacturing practice:
(1) pH, not less than 3.0 and not more
than 4.5 at 25 °C.
(2) Lead, not more than 1 milligram
per kilogram (mg/kg) (1 part per million
(ppm)).
(3) Arsenic, not more than 1 mg/kg
(1 ppm).
(4) Mercury, not more than 1 mg/kg
(1 ppm).
(5) Cadmium, not more than 1 mg/kg
(1 ppm).
(c) Uses and restrictions. Butterfly pea
flower extract may be safely used for
coloring alcoholic beverages, sport and
energy drinks, flavored or carbonated
water, fruit drinks (including smoothies
and grain drinks), carbonated soft drinks
(fruit-flavored or juice, ginger ale, and
root beer), fruit and vegetable juice,
nutritional beverages, chewing gum,
teas, coated nuts, liquid coffee creamers
(dairy and non-dairy), ice cream and
frozen dairy desserts, hard candy, dairy
and non-dairy drinks, fruit preparations
in yogurts, and soft candy in amounts
consistent with good manufacturing
practice, except that it may not be used
for coloring foods for which standards
of identity have been issued under
section 401 of the Federal Food, Drug,
and Cosmetic Act, unless the use of
added color is authorized by such
standards.
(d) Labeling requirements. The label
of the color additive and any mixtures
prepared therefrom intended solely or
in part for coloring purposes must
conform to the requirements of § 70.25
of this chapter.
(e) Exemption from certification.
Certification of this color additive is not
necessary for the protection of the
public health and therefore batches are
exempt from the certification
requirements of section 721(c) of the
Federal Food, Drug, and Cosmetic Act.
Dated: August 30, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for
Policy.
[FR Doc. 2021–18995 Filed 9–1–21; 8:45 am]
BILLING CODE 4164–01–P
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15:55 Sep 01, 2021
Jkt 253001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0426]
RIN 1625–AA00
Special Local Regulation; Swim for
Special Operations Forces; San Diego
Bay, San Diego, CA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
its special local regulations for recurring
marine parades, regattas, and other
events in Southern California Annual
Marine Events for the San Diego Captain
of the Port Zone. This final rule will add
one new recurring special local
regulation. This action is necessary to
provide for the safety of life on the
navigable waters during the event. This
final rule will restrict vessel traffic in
the designated areas during the events
unless authorized by the Captain of the
Port San Diego or a designated
representative.
SUMMARY:
This rule is effective September
2, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0426 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email Lieutenant Commander John
Santorum, Waterways Management,
U.S. Coast Guard; telephone 619–278–
7656, email MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On April 8, 2021, The Honor
Foundation notified the Coast Guard
that it will be hosting the Honor
Foundation Swim for Special
Operations Forces annually on a
Saturday during the month of
September. The regulated area would
cover all navigable waters of the San
Diego Bay, beginning at Glorietta Bay,
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Fmt 4700
Sfmt 4700
continuing to Tidelands Park before
proceeding north along the Coronado
shoreline, crossing the federal navigable
channel at Bayview Park, and finishing
at the USS MIDWAY Museum.
In response, on July 2, 2021 the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Special Local
Regulations; Swim for Special
Operations Forces; San Diego Bay, San
Diego, CA (86 FR 35240). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to this annual
marine event. During the comment
period that ended August 2, 2021 we
received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041
(previously 33 U.S.C. 1231). The
Captain of the Port San Diego (COTP)
has determined that potential hazards
associated with the Honor Foundation
Swim for Special Operations Forces
annually on a Saturday during the
month of September will present a
safety of life concern on navigatable
waters. The purpose of this rule is to
ensure safety of life on the navigable
waters in the safety zone before, during,
and after the scheduled event. For the
reasons stated above, we are issuing this
rule, and under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making it effective less than 30 days
after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because enforcement of this
safety zone is necessary to protect
swimmers and vessels from the dangers
associated with the swim race events
planned for a Saturday in September
2021.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on the NPRM published July
2, 2021. The commentor proposed a
method for intercepting and
impounding vessels entering the safety
zone. The Coast Guard was not
proposing to spcecify how on scene
representatives must handle situations
where vessels enter the safety zone in
this rulemaking. The purpose of this
rulemaking is to establish the
reoccurring annual safety zone and its
location. The Coast Guard has existing
regulations and policies that cover
enforcement and this rulemaking does
not intend to deviate from those
practices. Accordingly, no changes to
the regulatory text were made in
response to this comment.
E:\FR\FM\02SER1.SGM
02SER1
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
There is one nonsubstantive change in
the regulatory text from the proposed
rule to remove a typographical error,
‘‘SS’’, in the event type.
This rule establishes a safety zone
annually on a Saturday in September.
The safety zone will cover all waters of
San Diego Bay, from surface to bottom,
beginning at Glorietta Bay, continuing to
Tidelands Park, proceeding north along
the Coronado shoreline, crossing the
federal navigable channel at Bayview
Park, and finishing at the USS MIDWAY
Museum. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
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.
lotter on DSK11XQN23PROD with RULES1
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 size, location, and
duration of the special local regulation.
Vessel traffic would be able to safely
transit around this special local
regulation, which would impact a smalldesignated area of the San Diego Bay.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
areas, and the rule would allow vessels
to seek permission to enter the areas.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, 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. 605(b) that this
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15:55 Sep 01, 2021
Jkt 253001
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 safety
zone 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 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
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 agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
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. 3501–3520).
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
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Fmt 4700
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49235
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. 1531–1538) 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 023–01, 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. 4321–4370f), 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
regulated area that would prohibit
persons and vessels from transiting the
regulated area during the swim event. It
is categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, 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 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, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
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49236
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1.
San Diego Bay, San Diego, CA’’ to read
as follows:
2. In § 100.1101, amend table 1 to
§ 100.1101, by adding an entry for ‘‘16.
Swim for Special Operations Forces;
§ 100.1101 Southern California Annual
Marine Events for the San Diego Captain of
the Port Zone.
■
1. The authority citation for part 100
continues to read as follows:
■
TABLE 1 TO § 100.1101
*
*
*
*
*
*
*
16. Swim for Special Operations Forces; San Diego Bay, San Diego, CA
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
*
*
*
*
The Honor Foundation.
Swim race.
Saturday in September.
San Diego Bay, CA.
All waters of San Diego Bay, from surface to bottom, beginning at Glorietta Bay, continuing to Tidelands
Park, proceeding north along the Coronado shoreline, crossing the federal navigable channel at Bayview
Park, and finishing at the USS MIDWAY Museum.
delayed because of weather conditions
in which case it may be subject to
enforcement those same hours on
September 5, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0653 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
*
Dated: August 27, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2021–18955 Filed 9–1–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0653]
RIN 1625–AA08
Special Local Regulation; Lighthouse
Musicfest, Huntington Bay, Long
Island, NY
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary special local
regulation of certain navigable waters of
Huntington Bay, Long Island, NY, for
the Lighthouse Musicfest marine event.
This action is necessary to provide the
safety of life on these navigable waters
during the event scheduled for
Saturday, September 4, 2021. This rule
will allow the Coast Guard to prohibit
vessel traffic in the vicinity of the event
and establishes mooring areas and a
speed restriction in the designated zone.
DATES: This rule is effective from 9:30
a.m. through 7:30 p.m. on Saturday,
September 4, 2021 with a rain date
effective from 9:30 a.m. through 7:30
p.m. on Sunday, September 5, 2021. The
rule will only be subject to enforcement
from 9:30 a.m. through 7:30 p.m. on
September 4, 2021, unless the event is
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
If
you have questions on this rule, call or
email MST1 Chris Gibson, Waterways
Management Division, U.S. Coast
Guard; telephone 203–468–4565, email
Chris.A.Gibson@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
15:55 Sep 01, 2021
Jkt 253001
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Long Island
Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
with respect to this rule because it is
impracticable and contrary to the public
interest. The event sponsor was late in
submitting the marine event
application. This late submission did
not give the Coast Guard enough time to
publish an NPRM, take public
comments, and issue a final rule before
the effective date. It would be
impracticable and contrary to the public
interest to delay promulgating this rule,
as it is necessary to protect the safety of
waterway users. Further, the
expeditious implementation of this rule
is in the public interest because it will
help ensure the safety of spectators and
those involved in the event.
Under 5 U.S.C. 553(d)(3), 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 and
contrary to the public interest because
the temporary special local regulation
must be established on September 4,
2021 to ensure the safety of spectators
and vessels during the event.
II. Background Information and
Regulatory History
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Long Island Sound
(COTP) has determined that extra and
unusual hazards exists for persons or
vessels operating within the waters of
Huntington Bay, Long Island, NY with
the Lighthouse Musicfest marine event.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the special
local regulated area during the
Lighthouse Musicfest marine event.
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]]>Agencies
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49234-49236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18955]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0426]
RIN 1625-AA00
Special Local Regulation; Swim for Special Operations Forces; San
Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending its special local regulations for
recurring marine parades, regattas, and other events in Southern
California Annual Marine Events for the San Diego Captain of the Port
Zone. This final rule will add one new recurring special local
regulation. This action is necessary to provide for the safety of life
on the navigable waters during the event. This final rule will restrict
vessel traffic in the designated areas during the events unless
authorized by the Captain of the Port San Diego or a designated
representative.
DATES: This rule is effective September 2, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0426 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander John Santorum, Waterways Management,
U.S. Coast Guard; telephone 619-278-7656, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 8, 2021, The Honor Foundation notified the Coast Guard
that it will be hosting the Honor Foundation Swim for Special
Operations Forces annually on a Saturday during the month of September.
The regulated area would cover all navigable waters of the San Diego
Bay, beginning at Glorietta Bay, continuing to Tidelands Park before
proceeding north along the Coronado shoreline, crossing the federal
navigable channel at Bayview Park, and finishing at the USS MIDWAY
Museum.
In response, on July 2, 2021 the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Special Local Regulations; Swim for
Special Operations Forces; San Diego Bay, San Diego, CA (86 FR 35240).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this annual marine event. During
the comment period that ended August 2, 2021 we received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1231). The Captain of the Port San Diego
(COTP) has determined that potential hazards associated with the Honor
Foundation Swim for Special Operations Forces annually on a Saturday
during the month of September will present a safety of life concern on
navigatable waters. The purpose of this rule is to ensure safety of
life on the navigable waters in the safety zone before, during, and
after the scheduled event. For the reasons stated above, we are issuing
this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that
good cause exists for making it effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because enforcement
of this safety zone is necessary to protect swimmers and vessels from
the dangers associated with the swim race events planned for a Saturday
in September 2021.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on the NPRM published July
2, 2021. The commentor proposed a method for intercepting and
impounding vessels entering the safety zone. The Coast Guard was not
proposing to spcecify how on scene representatives must handle
situations where vessels enter the safety zone in this rulemaking. The
purpose of this rulemaking is to establish the reoccurring annual
safety zone and its location. The Coast Guard has existing regulations
and policies that cover enforcement and this rulemaking does not intend
to deviate from those practices. Accordingly, no changes to the
regulatory text were made in response to this comment.
[[Page 49235]]
There is one nonsubstantive change in the regulatory text from the
proposed rule to remove a typographical error, ``SS'', in the event
type.
This rule establishes a safety zone annually on a Saturday in
September. The safety zone will cover all waters of San Diego Bay, from
surface to bottom, beginning at Glorietta Bay, continuing to Tidelands
Park, proceeding north along the Coronado shoreline, crossing the
federal navigable channel at Bayview Park, and finishing at the USS
MIDWAY Museum. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
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 size,
location, and duration of the special local regulation. Vessel traffic
would be able to safely transit around this special local regulation,
which would impact a small-designated area of the San Diego Bay.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the areas, and the rule would allow
vessels to seek permission to enter the areas.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, 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. 605(b) 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
safety zone 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 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), 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 agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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. 3501-3520).
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
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
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 023-01, 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. 4321-4370f), 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
regulated area that would prohibit persons and vessels from transiting
the regulated area during the swim event. It is categorically excluded
from further review under paragraph L61 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, 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 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, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
[[Page 49236]]
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.1101, amend table 1 to Sec. 100.1101, by adding an
entry for ``16. Swim for Special Operations Forces; San Diego Bay, San
Diego, CA'' to read as follows:
Sec. 100.1101 Southern California Annual Marine Events for the San
Diego Captain of the Port Zone.
Table 1 to Sec. 100.1101
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* * * * * * *
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16. Swim for Special Operations Forces; San Diego Bay, San Diego, CA
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Sponsor........................... The Honor Foundation.
Event Description................. Swim race.
Date.............................. Saturday in September.
Location.......................... San Diego Bay, CA.
Regulated Area.................... All waters of San Diego Bay, from
surface to bottom, beginning at
Glorietta Bay, continuing to
Tidelands Park, proceeding north
along the Coronado shoreline,
crossing the federal navigable
channel at Bayview Park, and
finishing at the USS MIDWAY Museum.
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* * * * *
Dated: August 27, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2021-18955 Filed 9-1-21; 8:45 am]
BILLING CODE 9110-04-P
