Proposed Rule2021-26416
Special Local Regulation; Sail Grand Prix 2021 Race Event; San Francisco, CA
Primary source
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Published
December 16, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary special local regulation in the navigable waters of San Francisco Bay in San Francisco, CA in support of the San Francisco Sail Grand Prix 2021 race periods on March 24, 2022 through March 27, 2022. This special local regulation is necessary to provide for the safety of life on these navigable waters and to ensure the safety of mariners transiting the area from the dangers associated with high-speed sailing activities associated with the Sail Grand Prix 2021 race event. This proposed rulemaking would temporarily prohibit persons and vessels from entering into, transiting through, anchoring, blocking, or loitering within the event area adjacent to the city of San Francisco waterfront near the Golden Gate Bridge and Alcatraz Island, unless authorized by the Captain of the Port San Francisco or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 86 Issue 239 (Thursday, December 16, 2021)</title>
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[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Proposed Rules]
[Pages 71412-71416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26416]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2021-0797]
RIN 1625-AA08
Special Local Regulation; Sail Grand Prix 2021 Race Event; San
Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation in the navigable waters of San Francisco Bay in San
Francisco, CA in support of the San Francisco Sail Grand Prix 2021 race
periods on March 24, 2022 through March 27, 2022. This special local
regulation is necessary to provide for the safety of life on these
navigable waters and to ensure the safety of mariners transiting the
area from the dangers associated with high-speed sailing activities
associated with the Sail Grand Prix 2021 race event. This proposed
rulemaking would temporarily prohibit persons and vessels from entering
into, transiting through, anchoring, blocking, or loitering within the
event area adjacent to the city of San Francisco waterfront near the
Golden Gate Bridge and Alcatraz Island, unless authorized by the
Captain of the Port San Francisco 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 January 18, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0797 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
[[Page 71413]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Anthony I. Solares, U.S.
Coast Guard District 11, Sector San Francisco, at 415-399-3585,
<a href="/cdn-cgi/l/email-protection#a7f4e1f0c6d3c2d5d0c6ded4e7d2d4c4c089cacecb"><span class="__cf_email__" data-cfemail="580b1e0f392c3d2a2f39212b182d2b3b3f76353134">[email protected]</span></a>.
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
COTP Captain of the Port
PATCOM Patrol Commander
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On September 9, 2021, the Silverback Pacific Company notified the
Coast Guard of an intention to conduct the ``Sail Grand Prix 2021'' in
the San Francisco Bay. Sail Grand Prix (SailGP) is a sailing league
featuring world-class sailors racing 50-foot foiling catamarans. The
inaugural season started April 2021 in seven iconic cities throughout
the world and is traveling to San Francisco Bay in March 2022. In San
Francisco, they propose to take advantage of the natural amphitheater
that the central bay and city waterfront provide.
SailGP has applied for a Marine Event Permit to hold the Sail Grand
Prix 2021 race event on the waters of San Francisco Bay in California.
The Coast Guard has not approved the Marine Event Permit and is still
evaluating the application. If the permit is approved, however, we
anticipate that a special local regulation may be necessary to ensure
public safety during the race. To provide adequate time for public
input, we are proposing this special local regulation prior to a
decision on the Marine Event Permit.
Prior to drafting this Notice of Proposed Rulemaking, the Coast
Guard solicited input from maritime stakeholders to better understand
the nature of commercial and recreational activities on the Bay and how
the proposed Sail Grand Prix 2021 race event could impact such
activities. The Coast Guard participated in both a navigation work
group and monthly public meeting of the local Harbor Safety Committee
(HSC) to meet with stakeholders and obtain information and gather
feedback on notional approaches to enacting regulation in connection
with the Sail Grand Prix.
These regulations are needed to keep persons and vessels away from
the sailing race vessels, which exhibit unpredictable maneuverability
and have a demonstrated likelihood during the simulation of racing
scenarios for capsizing. The proposed special local regulation would
help prevent injuries and property damage that may be caused upon
impact by these fast-moving vessels. The provisions of this temporary
special local regulation would not exempt racing vessels from any
federal, state, or local laws or regulations, including Nautical Rules
of the Road. The Coast Guard proposes this rulemaking under authority
in 46 U.S.C. 70034 (previously, 33 U.S.C. 1231).
Under 33 CFR 100.35, the Coast Guard District Commander has
authority to promulgate certain special local regulations deemed
necessary to ensure the safety of life on the navigable waters
immediately before, during, and immediately after an approved regatta.
Pursuant to 33 CFR 1.05-1(i), the Commander of Coast Guard District 11
has delegated to the COTP San Francisco the responsibility of issuing
such regulations.
III. Discussion of Proposed Rule
The COTP San Francisco proposes to establish a special local
regulation associated with the Sail Grand Prix 2021 race event from 12
p.m. to 5:30 p.m. each day from March 24, 2022 through March 27, 2022.
The areas regulated by this special local regulation would be east of
the Golden Gate Bridge, south of Alcatraz Island, west of Treasure
Island, and in the vicinity of the city of San Francisco waterfront.
The Coast Guard proposes to establish a primary race area, a spectator
area, and a waterfront passage area. An image of these proposed
regulated areas may be found in the docket. The special local
regulation will cover all navigable waters of the San Francisco Bay,
from surface to bottom, within the area formed by connecting the
following latitude and longitude points in the following order:
37[deg]48'24.3'' N, 122[deg]27'53.5'' W; thence to 37[deg]49'15.6'' N,
122[deg]27'58.1'' W; thence to 37[deg]49'28.9'' N, 122[deg]25'52.1'' W;
thence to 37[deg]49'7.5'' N, 122[deg]25'13'' W; thence to
37[deg]48'42'' N, 122[deg]25'13'' W; thence to 37[deg]48'26.9'' N,
122[deg]26'50.5'' W and thence along the shore to the point of
beginning.
Located within this footprint, there will be four separate
regulated areas: Zone ``A'', the Official Practice Box Area; Zone
``B'', the Official Race Box Area; Zone ``C'', the Spectator Area, and
Zone ``D'', the No Spectating or Loitering Area.
Zone ``A'', the Official Practice Box Area, will be marked by
colored visual markers. The position of these markers would be
specified via Local Notice to Mariners at least two weeks prior to the
event and via Broadcast Notice to Mariners at least seven days prior to
the event. Zone ``A'' would be used by the race and support vessels
during the official practice period on March 24, 2022 and March 25,
2022. Zone ``A'', the Official Practice Box Area, will be enforced
during the official practices from 12 p.m. to 5:30 p.m. on March 24,
2022 and from 12 p.m. to 5:30 p.m. on March 25, 2022. Excluding the
public from entering Zone ``A'' is necessary to provide protection from
the operation of the high-speed sailing vessels within this area.
Zone ``B'', the Official Race Box Area, would be marked by 12 or
more colored visual markers. The position of these markers would be
confirmed via Broadcast Notice to Mariners at least three days prior to
the event. Only designated Sail Grand Prix 2021 race, support, and VIP
vessels would be permitted to enter Zone ``B''. Zone ``B'', the
Official Race Box Area, will be enforced during the official practices
from 12 p.m. to 5:30 p.m. on March 26, 2022 and from 12 p.m. to 5:30
p.m. on March 27, 2022. Because of the hazards posed by the sailing
competition, excluding non-race vessel traffic from Zone ``B'' is
necessary to provide protection from the operation of the high-speed
sailing vessels within this area.
Zone ``C'', the Spectator Area, would be within the special local
regulation area designated in paragraph (a) and outside of Zone ``B'',
the Official Race Box Area. Zone ``C'' will be defined by latitude and
longitude points per Broadcast Notice to Mariners. Zone ``C'' will be
further divided into three additional sub-areas: Zone ``C1 East'', Zone
``C1 West'', and Zone ``C2''. Zone ``C1 East'' and Zone ``C1 West''
will be the general spectator areas that are open to all vessel
spectators. Zone ``C2'' would be the separately designated spectator
area or areas marked by approximately four or more colored buoys that
will be managed by marine event sponsor officials. Vessels would be
prohibited from anchoring within the confines of Zone ``C.''
Zone ``D'' would be the No Loitering or Anchoring Area. This zone
will allow vessels to transit in and out of marinas, piers, and vessel
launch areas throughout the duration of the Sail Grand Prix event. All
vessels must maintain headway and may not loiter or anchor within the
confines of Zone ``D.'' Mariners can transit Zone ``D'' during the Sail
Grand Prix 2021 event, decreasing the impact of the special local
regulation to the San Francisco waterfront.
The duration of the establishment of the proposed special local
regulation is
[[Page 71414]]
intended to ensure the safety of vessels in these navigable waters
during the scheduled practice and race periods. This proposed temporary
special local regulation would temporarily restrict vessel traffic
adjacent to the city of San Francisco waterfront in the vicinity of the
Golden Gate Bridge and Alcatraz Island and prohibit vessels and persons
not participating in the race event from entering the dedicated race
area. 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, and duration of the special local regulation. With this
special local regulation, the Coast Guard intends to maintain
commercial access to the ports through an alternate vessel traffic
management scheme. The special local regulation is limited in duration,
and is limited to a narrowly tailored geographic area with designated
and adequate space for transiting vessels to pass when permitted by the
COTP or a designated representative. In addition, although this rule
restricts access to the waters encompassed by the special local
regulation, the effect of this rulemaking will not be significant
because the local waterway users will be notified in advance via public
Broadcast Notice to Mariners to ensure the special local regulation
will result in minimum impact. Therefore, mariners will be able to plan
ahead and transit outside of the periods of enforcement of the special
local regulation, or alternatively, they will be able to transit the
city of San Francisco Waterfront via Zone ``D'' with approval from the
COTP or designated representative. The entities most likely to be
affected are commercial vessels and pleasure craft engaged in
recreational activities.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This rulemaking may affect owners and operators of commercial
vessels and pleasure craft engaged in recreational activities and
sightseeing for a limited duration. This special location regulation
would not have a significant economic impact on a substantial number of
small entities for the reasons stated in Section IV.A above. When the
special local regulation is in effect, vessel traffic can pass safely
around the regulated area. The maritime public would be advised in
advance of this special local regulation via Broadcast Notice to
Mariners.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rulemaking 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 rulemaking 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 contact 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 effects of this
rulemaking 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 a special
local regulation that would create regulated areas of limited size and
duration that includes defined regulated areas for vessel traffic to
pass. Normally such actions are categorically excluded from further
review under paragraphs L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. We
[[Page 71415]]
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 contact 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 through the Federal
Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2021-0797 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call
or email the person in the FOR FURTHER INFORMATION CONTACT section of
this document 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
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 proposes
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. 100.35.T11-084 to read as follows:
Sec. 100.35T11-084 Special Local Regulation; Sail Grand Prix 2021
Race Event, San Francisco, CA
(a) Regulated areas. The regulations in this section apply to all
navigable waters of the San Francisco Bay, from surface to bottom,
encompassed by a line connecting the following latititude and longitude
points, beginning at 37[deg]48'24.3'' N, 122[deg]27'53.5'' W; thence to
37[deg]49'15.6'' N, 122[deg]27'58.1'' W; thence to 37[deg]49'28.9'' N,
122[deg]25'52.1'' W; thence to 37[deg]49'7.5'' N, 122[deg]25'13'' W;
thence to 37[deg]48'42'' N, 122[deg]25'13'' W; thence to
37[deg]48'26.9'' N, 122[deg]26'50.5'' W and thence to the point of
beginning.
(b) Definitions. As used in this section:
(1) Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer on a
Coast Guard vessel or a Federal, State, or local officer designated by
or assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the special local regulation.
(2) Zone ``A'' means the Official Practice Box Area. This zone will
encompass all navigable waters of the San Francisco Bay, from surface
to bottom, within the area formed by connecting the following latitude
and longitude points in the following order: 37[deg]48'24.3'' N,
122[deg]27'53.5'' W; thence to 37[deg]49'15.6'' N, 122[deg]27'58.1'' W;
thence to 37[deg]49'28.9'' N, 122[deg]25'52.1'' W; thence to
37[deg]49'7.5'' N, 122[deg]25'13'' W; thence to 37[deg]48'42'' N,
122[deg]25'13'' W; thence to 37[deg]48'26.9'' N, 122[deg]26'50.5'' W
and thence to the point of beginning.
(3) Zone ``B'' means the Official Race Box Area, which will be
marked by 12 or more colored visual markers within the special
regulation area designated in paragraph (a). The position of these
markers will be specified via Broadcast Notice to Mariners at least
three days prior to the event.
(4) Zone ``C'' means the Spectator Area, which is within the
special local regulation area designated in paragraph (a) and outside
of Zone ``B,'' the Official Race Box Area. Zone ``C'' will be defined
by latitude and longitude points per Broadcast Notice to Mariners. Zone
``C'' will be further divided into three additional sub-areas: Zone
``C1 East,'' Zone ``C1 West,'' and Zone ``C2.'' Zone ``C1 East'' and
Zone ``C1 West'' will be the general spectator areas that are open to
all vessel spectators. Zone ``C2'' means the separately designated
spectator area or areas marked by approximately four or more colored
buoys that will be managed by marine event sponsor officials. Vessels
shall not anchor within the confines of Zone ``C.''
(5) Zone ``D'' means the No Loitering and Anchoring Area. This zone
will allow vessels to transit in and out of marinas, piers, and vessel
launch areas throughout the duration of the Sail Grand Prix. All
vessels shall maintain headway and shall not loiter or anchor within
the confines of Zone ``D.'' Mariners can transit Zone ``D'' during the
Sail Grand Prix 2021 event, decreasing the impact of the special local
regulation to the San Francisco waterfront.
(c) Special local regulation. The following regulations apply
between 12 p.m. and 5:30 p.m. on the Sail Grand Prix 2021 official
practice and race days.
(1) Only support and race vessels will be authorized by the COTP or
designated representative to enter Zone ``B'' during the race event.
Vessel operators desiring to enter or operate within Zone ``A'' or Zone
``B'' must contact the COTP or a designated representative to obtain
permission to do so. Persons and vessels may request permission to
transit Zone ``A'' on VHF-23A.
(2) Spectator vessels in Zone ``C'' must maneuver as directed by
the COTP or designated representative. When hailed or signaled by the
COTP or designated representative by a succession of sharp, short
signals by whistle or horn, the hailed vessel must come to an immediate
stop and comply with the lawful directions issues. Failure to comply
with a lawful direction may result in additional operating
restrictions, citation for failure to comply, or both.
(3) Spectator vessels in Zone ``C'' must operate at safe speeds,
which will create minimal wake.
(4) Vessels in Zone ``D'' shall maintain headway and shall not
loiter or anchor within the confines of Zone ``D.'' Vessels in Zone
``D'' must
[[Page 71416]]
maneuver as directed by the COTP or designated representative.
(5) Rafting and anchoring of vessels is prohibited within Zones
``A'', ``B'', ``C'', and ``D.''
(d) Enforcement periods. This special local regulation will be
enforced for the official practices and race events from 12 p.m. to
5:30 p.m. each day from March 24, 2022 through March 27, 2022. At least
24 hours in advance of the official practice and race events commencing
on March 24, 2022, the COTP will notify the maritime community of
periods during which these zones will be enforced via Broadcast Notice
to Mariners and in writing via the Coast Guard Boating Public Safety
Notice.
Dated: November 30, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-26416 Filed 12-15-21; 8:45 am]
BILLING CODE 9110-04-P
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