Special Local Regulation; San Juan Bay for Jurakan Triathlon, San Juan, PR, 62725-62727 [2021-24717]
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Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
waters between river miles 179 and 185
(between the Roadrunner Resort and
Headgate Dam), Parker, Arizona during
Another Dam Race on November 13,
2021. This special local regulation is
necessary to provide for the safety of the
participants, crew, sponsor vessels of
the rowing event, and general users of
the waterway. During the enforcement
period, persons and vessels are
prohibited from entering into, transiting
through, or anchoring within this
regulated area unless authorized by the
Captain of the Port, or his designated
representative.
The regulations in 33 CFR
100.1102 for the locations described in
Table 1 to § 100.1102, Item No. 19, will
be enforced from 7 a.m. until noon on
November 13, 2021.
DATES:
If
you have questions about this
notification of enforcement, call or
email Lieutenant Commander John
Santorum, Waterways Management,
U.S. Coast Guard Sector San Diego, CA;
telephone (619) 278–7656, email
MarineEventsSD@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1102 for the
locations described in Table 1 to
§ 100.1102, Item No. 19, from 7 a.m.
through noon on November 13, 2021 for
Another Dam Race, Parker, AZ. This
action is being taken to provide for the
safety of life on navigable waterways
during the rowing event. Our regulation
for recurring marine events in the San
Diego Captain of the Port Zone,
§ 100.1102, Table 1 to § 100.1102, Item
No. 19, specifies the location of the
regulated area for Another Dam Race,
which encompasses portions of the
Colorado River. Under the provisions of
§ 100.1102, persons and vessels are
prohibited from entering into, transiting
through, or anchoring within this
regulated area unless authorized by the
Captain of the Port, or his designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
In addition to this document in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via the Local Notice to Mariners
and marine information broadcasts.
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SUPPLEMENTARY INFORMATION:
Dated: November 8, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2021–24810 Filed 11–10–21; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0775]
RIN 1625–AA08
Special Local Regulation; San Juan
Bay for Jurakan Triathlon, San Juan,
PR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for navigable waters around
the Isleta San Juan for the Jurakan
triathlon event, San Juan, PR. The event
includes a paddleboard competition
around Isleta San Juan with
approximately 30 competitive stand up
paddleboard (SUP) participants. The
temporary special local regulation is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the SUP
race. The temporary special local
regulation establishes a SUP race area
where all persons and vessels, except
those persons and vessels participating
in or supporting the race, will be
prohibited from entering, transiting,
anchoring in, or remaining within the
SUP race circuit unless specifically
authorized by the Captain of the Port
San Juan or a designated representative.
DATES: This rule is effective from 8:00
a.m. through 11:00 a.m., on November
13, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0775 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
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:
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
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
62725
II. Background Information and
Regulatory History
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)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The event is
scheduled for November 13, 2021, and
the Coast Guard did not have adequate
time to clarify amplifying information or
process the course race review. It is
impracticable to publish an NPRM
because we must establish this
temporary special local regulation by
November 13, 2021 in order to protect
the public from the hazards associated
with this 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 immediate
action is needed to minimize the
potential safety hazards associated with
the SUP race participants, participant
vessels, and the general public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port San Juan (COTP) has
determined that potential hazards
associated with the with the SUP race
on November 13, 2021, will be a safety
concern for anyone participating in the
SUP race circuit around Isleta San Juan
which includes certain waters of San
Juan Bay. This rule is needed to protect
participants, vessels, and the marine
environment in the navigable waters
within the temporary special local
regulation while the duration of the SUP
race as part of the Jurakan triathlon.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation from 8:00 a.m.
through 11:00 a.m. on November 13,
2021. SUP Action Paddleboard Co. is
sponsoring the Jurakan Triathlon, where
approximately 30 competitors will
participate in the SUP race around Isleta
San Juan. Small vessel craft including
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Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
an 18 ft. boat and 3 Jet Skis will be
operating in the immediate area as
safety platforms. The temporary special
local regulation establishes a regulated
area that will cover waters around Isleta
San Juan, including certain waters of
San Juan Bay, San Juan, PR, designated
as the race area or SUP race circuit. The
duration of the temporary special local
regulation is intended to protect
participants, vessels, and the marine
environment in these navigable waters
while the duration of the SUP race. No
vessel or person, except personnel and
vessels participating in the race, will be
permitted to enter the regulated area
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 rule being limited in
duration, size, and scope. The
temporary special local regulation will
be enforced for a three hour period
within certain waters around Isleta San
Juan and is limited in duration and size.
The rule is limited in scope as it will
allow vessels to enter, transit through,
anchor in, or remain within the race
areas, during the enforcement period if
authorized by the Captain of the Port
San Juan or a designated representative.
Although persons and vessels will not
be able to enter, transit through, anchor
in, or remain within the race area,
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 Coast Guard
will provide advance notification of the
temporary special local regulation to the
local maritime community by Broadcast
Notice to Mariners via VHF–FM marine
channel 16.
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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 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 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 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
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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 and Commandant
Instruction M16475.1D, 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 the
creation of a temporary special local
regulation in conjunction with a regatta
or marine parade, lasting three hours
that will prohibit entry of nonparticipant personnel and vessels
within the SUP race circuit to ensure
the safety of the participants, participant
vessels and the general public during
the 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,
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Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Rules and Regulations
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:
PART 100—SAFETY PF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the
Port.
Authority: 46 U.S.C. 70041; 33 CFR
1.05–1.
[FR Doc. 2021–24717 Filed 11–10–21; 8:45 am]
2. Add § 100.T07–0775 to read as
follows:
■
BILLING CODE 9110–04–P
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§ 100.T07–0775 Jurakan Triathlon, Isleta
San Juan, San Juan, Puerto Rico.
(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 18°27′34.2″ N, 66°5′23.75″
W; thence north-east to 18°27′46.22″ N,
66°4′59.95″ W; thence north to
18°28′14.05″ N, 66°5′7.69″ W; thence
west to 18°28′13.62″ N, 66°5′52.8″ W;
keep west to 18°28′21.54″ N, 66°7′32.74″
W; thence south-east to 18°27′29.38″ N,
66°6′59.22″ W; thence north-east to
18°27′40.7″ N, 66°6′18.43″ W; and along
the end of San Antonio Channel back to
the beginning point at San Juan Bay
Marina, completing the SUP race
circuit. 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.
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(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
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 8:00 a.m. until
11:00 a.m., on November 13, 2021.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0495]
RIN 1625–AA00
Safety Zone; Ohio River, Olmsted, IL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
a portion of the Ohio River in Olmsted,
IL. This action is necessary to protect
personnel, vessels, and the marine
environment from potential hazards
created by the demolition of Lock and
Dam 53 involving explosives. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley or a designated
representative.
SUMMARY:
This rule is effective December 2,
2021, through December 1, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0495 in the search box and click
DATES:
PO 00000
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62727
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions about this
rulemaking, call or email MST2, Dylan
Caikowski, MSU Paducah, U.S. Coast
Guard; telephone 270–442–1621 ext.
2120, email STL-SMB-MSUPaducahWWM@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
The purpose of this rule is to ensure
the safety of vessels on the navigable
waters of the Ohio River during the
demolition of Lock and Dam 53. During
this time, a temporary safety zone on the
Ohio River will be necessary to protect
persons, property, and infrastructure
from potential damage and safety
hazards associated with the demolition
of Lock and Dam 53. In response, on
July 19, 2021, the Coast Guard
published an interim final rule (IFR)
titled ‘‘Safety Zone; Ohio River,
Olmsted, IL’’ (86 FR 37911). There we
stated why we issued the interim final
rule and invited comments on our
regulatory action related to the
demolition of the Lock and Dam 53 on
the Ohio River. During the comment
period that ended August 18, 2021, 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. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with demolition of
Lock and Dam 53 involving explosives
will be a safety concern for anyone on
the Ohio River from mile marker (MM)
961 to MM 964.6. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone before,
during, and after the demolition of Lock
and Dam 53 involving explosives.
The Coast Guard is making this rule
effective sooner than 30 days after
publication pursuant to authority under
the Administrative Procedure Act
(APA), specifically 5 U.S.C. 553(d)(3).
This provision authorizes an agency to
make a rule effective sooner than 30
days after publication when the agency
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]]>Agencies
[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Rules and Regulations]
[Pages 62725-62727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24717]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0775]
RIN 1625-AA08
Special Local Regulation; San Juan Bay for Jurakan Triathlon, San
Juan, PR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for navigable waters around the Isleta San Juan for the
Jurakan triathlon event, San Juan, PR. The event includes a paddleboard
competition around Isleta San Juan with approximately 30 competitive
stand up paddleboard (SUP) participants. The temporary special local
regulation is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the SUP race. The
temporary special local regulation establishes a SUP race area where
all persons and vessels, except those persons and vessels participating
in or supporting the race, will be prohibited from entering,
transiting, anchoring in, or remaining within the SUP race circuit
unless specifically authorized by the Captain of the Port San Juan or a
designated representative.
DATES: This rule is effective from 8:00 a.m. through 11:00 a.m., on
November 13, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0775 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 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 Information and Regulatory History
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)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The event is scheduled for November
13, 2021, and the Coast Guard did not have adequate time to clarify
amplifying information or process the course race review. It is
impracticable to publish an NPRM because we must establish this
temporary special local regulation by November 13, 2021 in order to
protect the public from the hazards associated with this 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 immediate
action is needed to minimize the potential safety hazards associated
with the SUP race participants, participant vessels, and the general
public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port San Juan (COTP) has determined that
potential hazards associated with the with the SUP race on November 13,
2021, will be a safety concern for anyone participating in the SUP race
circuit around Isleta San Juan which includes certain waters of San
Juan Bay. This rule is needed to protect participants, vessels, and the
marine environment in the navigable waters within the temporary special
local regulation while the duration of the SUP race as part of the
Jurakan triathlon.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from
8:00 a.m. through 11:00 a.m. on November 13, 2021. SUP Action
Paddleboard Co. is sponsoring the Jurakan Triathlon, where
approximately 30 competitors will participate in the SUP race around
Isleta San Juan. Small vessel craft including
[[Page 62726]]
an 18 ft. boat and 3 Jet Skis will be operating in the immediate area
as safety platforms. The temporary special local regulation establishes
a regulated area that will cover waters around Isleta San Juan,
including certain waters of San Juan Bay, San Juan, PR, designated as
the race area or SUP race circuit. The duration of the temporary
special local regulation is intended to protect participants, vessels,
and the marine environment in these navigable waters while the duration
of the SUP race. No vessel or person, except personnel and vessels
participating in the race, will be permitted to enter the regulated
area 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 rule being
limited in duration, size, and scope. The temporary special local
regulation will be enforced for a three hour period within certain
waters around Isleta San Juan and is limited in duration and size. The
rule is limited in scope as it will allow vessels to enter, transit
through, anchor in, or remain within the race areas, during the
enforcement period if authorized by the Captain of the Port San Juan or
a designated representative. Although persons and vessels will not be
able to enter, transit through, anchor in, or remain within the race
area, 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 Coast Guard will provide advance
notification of the temporary special local regulation to the local
maritime community by Broadcast Notice to Mariners via VHF-FM marine
channel 16.
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 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
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 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
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 and Commandant Instruction M16475.1D, 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
the creation of a temporary special local regulation in conjunction
with a regatta or marine parade, lasting three hours that will prohibit
entry of non-participant personnel and vessels within the SUP race
circuit to ensure the safety of the participants, participant vessels
and the general public during the 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,
[[Page 62727]]
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:
PART 100--SAFETY PF 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.T07-0775 to read as follows:
Sec. 100.T07-0775 Jurakan Triathlon, Isleta San Juan, San Juan,
Puerto Rico.
(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 18[deg]27'34.2'' N,
66[deg]5'23.75'' W; thence north-east to 18[deg]27'46.22'' N,
66[deg]4'59.95'' W; thence north to 18[deg]28'14.05'' N,
66[deg]5'7.69'' W; thence west to 18[deg]28'13.62'' N, 66[deg]5'52.8''
W; keep west to 18[deg]28'21.54'' N, 66[deg]7'32.74'' W; thence south-
east to 18[deg]27'29.38'' N, 66[deg]6'59.22'' W; thence north-east to
18[deg]27'40.7'' N, 66[deg]6'18.43'' W; and along the end of San
Antonio Channel back to the beginning point at San Juan Bay Marina,
completing the SUP race circuit. 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 8:00
a.m. until 11:00 a.m., on November 13, 2021.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2021-24717 Filed 11-10-21; 8:45 am]
BILLING CODE 9110-04-P
