Special Local Regulation; San Juan Bay for El Morro Downwind Challenge, San Juan, PR, 62113-62115 [2021-24461]
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62113
Proposed Rules
Federal Register
Vol. 86, No. 214
Tuesday, November 9, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0840]
RIN 1625–AA08
Special Local Regulation; San Juan
Bay for El Morro Downwind Challenge,
San Juan, PR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary special local
regulation for certain waters of Bahı´a de
San Juan. This action is necessary to
provide for the safety of life on these
navigable waters east of Anegado
Channel and San Antonio Channel, San
Juan, PR, during a paddle board race on
January 8, 2022. This proposed
rulemaking would prohibit persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port San Juan or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 9, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0840 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
jspears on DSK121TN23PROD with PROPOSALS1
SUMMARY:
If
you have questions on this rule, call or
email Lieutenant Commander
Christopher O’Connor, Sector San Juan
Prevention Department, Waterways
Management Division U.S. Coast Guard;
telephone 787–729–2374, email
Christopher.M.OConnor@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
16:28 Nov 08, 2021
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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, Purpose, and Legal
Basis
On October 21, 2021, the School of
Stand Up Paddle Board (SUP) notified
the Coast Guard that it will be
conducting a paddle board race from 8
a.m. until 12:00 p.m., on January 8,
2022. The paddle board race is schedule
to start from Escuela Deportiva de Vela
de Carolina going westward to El Morro,
entering the San Juan Bay and finish at
Bahı´a Urbana in San Juan, PR. Hazards
from the paddle board race include
boarding in shallow rocky waters and
bad weather conditions that lead to
radical waves, currents, and winds. The
Captain of the Port San Juan (COTP) has
determined that potential hazards
associated with the paddle board race
would be a safety concern for anyone
within a 100-yard radius of the paddle
board race participants.
The purpose of this rulemaking is to
ensure the safety of participants,
vessels, and the navigable waters within
a 100-yard radius of the paddle board
race route before, during, and after the
scheduled event. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
temporary special local regulation from
8 a.m. until 12 p.m., on January 8, 2022.
The School of SUP is sponsoring the El
Morro Downwind Challenge, where
approximately 50 competitors will
participate in the SUP race around Isleta
de San Juan. The regulated area would
cover all navigable waters within 100
yards of the paddle board race route
from Escuela Deportiva de Vela de
Carolina to the San Juan Bay in San
Juan, PR. The duration of the zone is
intended to ensure the safety of
participants, vessels and these navigable
waters before, during, and after the
scheduled 8 a.m. until 12 p.m. paddle
board race. All persons and nonparticipating vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area without obtaining permission from
the COTP or a designated
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Sfmt 4702
representative. The regulatory text we
are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the regulated area.
The regulated area will affect a smalldesignated area of Isleta de San Juan
and San Juan Bay, during the event and
thus is limited in scope. The temporary
special local regulation will be enforced
for only a total period of 4 hours and
thus is limited in time, and during the
evening when vessel traffic is normally
low. Although persons and vessels will
not be able to enter, transit through,
anchor in, or remain within the zone
without authorization from the Captain
of the Port San Juan or a designated
representative, they may operate in the
surrounding area during the
enforcement period. The rule will allow
vessels to seek permission to enter the
regulated area. Persons and vessels may
still enter, transit through, anchor in, or
remain within the regulated area during
the enforcement period if authorized by
the Captain of the Port San Juan or a
designated representative. Moreover, the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone, and the rule
would allow vessels to seek permission
to enter the regulated area.
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
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Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / Proposed Rules
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 certifies under 5 U.S.C.
605(b) that this proposed rule would 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
jspears on DSK121TN23PROD with PROPOSALS1
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
VerDate Sep<11>2014
16:28 Nov 08, 2021
Jkt 256001
Coordination with Indian Tribal
Governments) because it would 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves the creation of a temporary
special local regulation in conjunction
with a regatta or marine parade, lasting
4 hours that would prohibit entry of all
non-participant personnel and vessels
within 100 yards of the SUP race route
to ensure the safety of the participants,
participant vessels and the general
public during the event. Normally such
actions are categorically excluded from
further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary 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. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG- 2021–0840 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / Proposed Rules
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 is proposing
to amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T799–0945 to read as
follows:
■
BILLING CODE 9110–04–P
jspears on DSK121TN23PROD with PROPOSALS1
(a) Regulated area. The regulations in
this section apply to the following area:
Waters around Isleta San Juan including
certain waters of San Juan Bay, from
surface to bottom, encompassed by a
line connecting the following points
beginning at Escuela Deportiva de Vela
de Carolina with coordinates 18°27′5.4″
N, 65°59′44.088″ W; thence east to
18°27′35.316″ N, 65°59′39.624″ W;
thence north-west to 18°27′42.48″ N,
66°0′2.556″ W; thence north to
18°28′3.504″ N, 66°0′6.264″ W; thence
west to 18°28′22.548″ N, 66°7′31.044″
W; thence south to 18°27′28.476″ N,
66°6′59.328″ W; thence north-east to
18°27′48.708″ N, 66°6′25.092″ W at the
end point in Bahia Urbana. These
coordinates are based on North
American Datum 1983.
(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 Juan (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 Juan or their designated
representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone at (787)
289–2041, or a designated
representative via VHF radio on channel
17:07 Nov 08, 2021
Jkt 256001
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2021–24461 Filed 11–8–21; 8:45 am]
§ 100.T799–0945 Special Local Regulation
Safety zones; El Morro Downwind
Challenge, from Carolina, PR to San Juan
Bay, San Juan, PR.
VerDate Sep<11>2014
16. Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners
and by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from 8 a.m. until 12
p.m., on January 8, 2022.
DEPARTMENT OF LABOR
Office of Federal Contract Compliance
Programs
41 CFR Part 60–1
RIN 1250–AA09
Proposal To Rescind Implementing
Legal Requirements Regarding the
Equal Opportunity Clause’s Religious
Exemption
Office of Federal Contract
Compliance Programs, Labor.
ACTION: Notification of proposed
rescission; request for comments.
AGENCY:
The Office of Federal Contract
Compliance Programs (OFCCP) is
proposing to rescind the regulations
established in the final rule titled
‘‘Implementing Legal Requirements
Regarding the Equal Opportunity
Clause’s Religious Exemption,’’ which
took effect on January 8, 2021.
DATES: Comments must be received on
or before December 9, 2021.
ADDRESSES: You may submit comments,
identified by RIN 1250–AA09, by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 693–1304 (for comments
of six pages or less).
• Mail: Tina Williams, Director,
Division of Policy and Program
Development, Office of Federal Contract
Compliance Programs, Room C–3325,
200 Constitution Avenue NW,
Washington, DC 20210.
Instructions: Please submit only one
copy of your comments by only one
method. Commenters submitting file
attachments on https://
www.regulations.gov are advised that
uploading text-recognized documents—
i.e., documents in a native file format or
SUMMARY:
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62115
documents that have undergone optical
character recognition (OCR)—enable
staff at the Department to more easily
search and retrieve specific content
included in your comment for
consideration. Please be advised that
comments received will become a
matter of public record and will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
Commenters submitting comments by
mail should transmit comments early to
ensure timely receipt prior to the close
of the comment period, as the
Department continues to experience
delays in the receipt of mail.
Docket: For access to the docket to
read background documents or
comments, go to the Federal
eRulemaking Portal at https://
www.regulations.gov. Copies of this
notice of proposed rescission will be
made available, upon request, in the
following formats: Large print, Braille,
audiotape, and disc. To obtain this
notice of proposed rescission in an
alternate format, contact OFCCP at the
telephone numbers or address listed
below.
FOR FURTHER INFORMATION CONTACT: Tina
Williams, Director, Division of Policy
and Program Development, Office of
Federal Contract Compliance Programs,
200 Constitution Avenue NW, Room C–
3325, Washington, DC 20210.
Telephone: (202) 693–0104 (voice) or
(202) 693–1337 (TTY).
SUPPLEMENTARY INFORMATION:
I. Background
OFCCP enforces Executive Order
11246, which requires federal
government contractors and
subcontractors to provide equal
employment opportunity. Section 202 of
Executive Order 11246, as amended,
requires that every non-exempt contract
and subcontract include an equal
opportunity clause, which specifies the
nondiscrimination and affirmative
action obligations each contractor or
subcontractor assumes as a condition of
its government contract or subcontract.
Among other obligations, each
contractor agrees, as a condition of its
government contract, not to
discriminate in employment on the
basis of race, color, religion, sex, sexual
orientation, gender identity, or national
origin. Executive Order 11246, as
amended, and its predecessors reflect
the government’s long-standing policy
of requiring its contractors to prevent
discrimination and provide equal
employment opportunity. See, e.g.,
Exec. Order 8802, 6 FR 3109 (June 27,
1941) (‘‘reaffirm[ing] the policy of the
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]]>Agencies
[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Proposed Rules]
[Pages 62113-62115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24461]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 /
Proposed Rules
[[Page 62113]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0840]
RIN 1625-AA08
Special Local Regulation; San Juan Bay for El Morro Downwind
Challenge, San Juan, PR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for certain waters of Bah[iacute]a de San Juan. This
action is necessary to provide for the safety of life on these
navigable waters east of Anegado Channel and San Antonio Channel, San
Juan, PR, during a paddle board race on January 8, 2022. This proposed
rulemaking would prohibit persons and vessels from being in the
regulated area unless authorized by the Captain of the Port San Juan or
a designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 9, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0840 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Christopher O'Connor, Sector San
Juan Prevention Department, Waterways Management Division U.S. Coast
Guard; telephone 787-729-2374, 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, Purpose, and Legal Basis
On October 21, 2021, the School of Stand Up Paddle Board (SUP)
notified the Coast Guard that it will be conducting a paddle board race
from 8 a.m. until 12:00 p.m., on January 8, 2022. The paddle board race
is schedule to start from Escuela Deportiva de Vela de Carolina going
westward to El Morro, entering the San Juan Bay and finish at
Bah[iacute]a Urbana in San Juan, PR. Hazards from the paddle board race
include boarding in shallow rocky waters and bad weather conditions
that lead to radical waves, currents, and winds. The Captain of the
Port San Juan (COTP) has determined that potential hazards associated
with the paddle board race would be a safety concern for anyone within
a 100-yard radius of the paddle board race participants.
The purpose of this rulemaking is to ensure the safety of
participants, vessels, and the navigable waters within a 100-yard
radius of the paddle board race route before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary special local
regulation from 8 a.m. until 12 p.m., on January 8, 2022. The School of
SUP is sponsoring the El Morro Downwind Challenge, where approximately
50 competitors will participate in the SUP race around Isleta de San
Juan. The regulated area would cover all navigable waters within 100
yards of the paddle board race route from Escuela Deportiva de Vela de
Carolina to the San Juan Bay in San Juan, PR. The duration of the zone
is intended to ensure the safety of participants, vessels and these
navigable waters before, during, and after the scheduled 8 a.m. until
12 p.m. paddle board race. All persons and non-participating vessels
are prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. The
regulated area will affect a small-designated area of Isleta de San
Juan and San Juan Bay, during the event and thus is limited in scope.
The temporary special local regulation will be enforced for only a
total period of 4 hours and thus is limited in time, and during the
evening when vessel traffic is normally low. Although persons and
vessels will not be able to enter, transit through, anchor in, or
remain within the zone without authorization from the Captain of the
Port San Juan or a designated representative, they may operate in the
surrounding area during the enforcement period. The rule will allow
vessels to seek permission to enter the regulated area. Persons and
vessels may still enter, transit through, anchor in, or remain within
the regulated area during the enforcement period if authorized by the
Captain of the Port San Juan or a designated representative. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the regulated area.
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
[[Page 62114]]
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 certifies under 5 U.S.C. 605(b) that this proposed rule
would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves the
creation of a temporary special local regulation in conjunction with a
regatta or marine parade, lasting 4 hours that would prohibit entry of
all non-participant personnel and vessels within 100 yards of the SUP
race route to ensure the safety of the participants, participant
vessels and the general public during the event. Normally such actions
are categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary 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. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG- 2021-0840 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
[[Page 62115]]
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 is
proposing to amend 33 CFR part 100 as follows:
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. Add Sec. 100.T799-0945 to read as follows:
Sec. 100.T799-0945 Special Local Regulation Safety zones; El Morro
Downwind Challenge, from Carolina, PR to San Juan Bay, San Juan, PR.
(a) Regulated area. The regulations in this section apply to the
following area: Waters around Isleta San Juan including certain waters
of San Juan Bay, from surface to bottom, encompassed by a line
connecting the following points beginning at Escuela Deportiva de Vela
de Carolina with coordinates 18[deg]27'5.4'' N, 65[deg]59'44.088'' W;
thence east to 18[deg]27'35.316'' N, 65[deg]59'39.624'' W; thence
north-west to 18[deg]27'42.48'' N, 66[deg]0'2.556'' W; thence north to
18[deg]28'3.504'' N, 66[deg]0'6.264'' W; thence west to
18[deg]28'22.548'' N, 66[deg]7'31.044'' W; thence south to
18[deg]27'28.476'' N, 66[deg]6'59.328'' W; thence north-east to
18[deg]27'48.708'' N, 66[deg]6'25.092'' W at the end point in Bahia
Urbana. These coordinates are based on North American Datum 1983.
(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 Juan (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 non-participants 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 Juan or their designated
representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at (787) 289-2041, or a designated
representative via VHF radio on channel 16. Those in the regulated area
must comply with all lawful orders or directions given to them by the
COTP or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 8 a.m.
until 12 p.m., on January 8, 2022.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-24461 Filed 11-8-21; 8:45 am]
BILLING CODE 9110-04-P
