Proposed Rule2022-18480
Eleventh Coast Guard District Annual Marine Events; Northern California and Lake Tahoe, CA
Primary source
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Published
August 30, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to update the list of marine events occurring annually within the Eleventh Coast Guard District, specifically within the San Francisco Captain of the Port (COTP) zone. This rule would enable vessel movement restrictions in the regulated area when the special local regulations are activated and enforced. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 167 (Tuesday, August 30, 2022)</title>
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[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Proposed Rules]
[Pages 52865-52868]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18480]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0611]
RIN 1625-AA08
Eleventh Coast Guard District Annual Marine Events; Northern
California and Lake Tahoe, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to update the list of marine
events occurring annually within the Eleventh Coast Guard District,
specifically within the San Francisco Captain of the Port (COTP) zone.
This rule would enable vessel movement restrictions in the regulated
area when the special local regulations are activated and enforced. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 29, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0611 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.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Anthony Solares, Sector San
Francisco, U.S. Coast Guard; telephone 415-399-3585, email
<a href="/cdn-cgi/l/email-protection#6d3e2b3a0c19081f1a0c141e2d181e0e0a43000401"><span class="__cf_email__" data-cfemail="257663724451405752445c5665505646420b484c49">[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
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard regularly updates the regulations for recurring
special local regulations within the Eleventh Coast Guard District
listed in 33 CFR 100.1103. These recurring special local regulations
are for marine events that take place either on or over the navigable
waters of the Eleventh Coast Guard District as defined at 33 CFR 3.55-
1. These regulations were last amended February 13, 2020 (85 FR 8169).
III. Discussion of Proposed Rule
The Coast Guard is proposing to add two events to table 1 to 33 CFR
100.1103, the Sacramento Ironman Swim, which typically occurs on a
Sunday in October, and the Escape from Alcatraz Swim, which typically
occurs one weekend in June. Unauthorized persons or vessels would be
prevented from entering into, transiting through, or remaining in the
regulated areas without the permission of the Captain of the Port San
Francisco or a designated representative during the events. These
regulations are needed to keep spectators and vessels a safe distance
away from the specified events to ensure the safety of participants,
spectators, and transiting vessels. We would publish notices of
enforcements in the Federal Register announcing the specific
enforcement dates and times before the reoccurring annual events.
We are also proposing small, technical changes to correct minor
scrivener's errors in the current text.
The regulatory text we are proposing, which includes details for
the location of these events, appears at the end of this document. We
also included maps showing the general locations of the Sacramento
Ironman Swim event and the Escape from Alcatraz Swim event in the
docket USCG-2022-0611.
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,
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the NPRM has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size and
location of the regulated areas. The effect of this rule will not be
significant because vessel traffic can either pass safely around these
areas, regardless of size, or this rule will encompass only a small
portion of the waterway for a short duration. Vessels will also be able
to request permission from the COTP to transit through the regulated
areas.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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 revision
of 33 CFR 100.1103. The proposed additions to table 1 of 33 CFR
100.1103 will capture recurring marine events in the San Francisco
Captain of the Port (COTP) zone. The revised regulation will prevent
unauthorized persons or vessels from entering into, transiting through,
or remaining in the regulated areas without the permission of the
Captain of the Port San Francisco or a designated representative.
Normally such actions are categorically excluded from further review
under paragraph L[61] 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 <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-2022-0611 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 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
[[Page 52867]]
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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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. Revise and republish Sec. 100.1103 to read as follows:
Sec. 100.1103 Northern California and Lake Tahoe area annual marine
events.
(a) General. Special local regulations are established for the
events listed in table 1 of this section. Notice of implementation of
these special local regulations will be made by publication in the
Federal Register 30 days prior to the event for those events without
specific dates or by Notice to Mariners 20 days prior to the event for
those events listing a period for which a firm date is identifiable. In
all cases, further information on exact dates, times, and other details
concerning the number and type of participants and an exact
geographical description of the areas are published by the Eleventh
Coast Guard District in the Local Notice to Mariners at least 20 days
prior to each event. To be placed on the mailing list for Local Notice
to Mariners contact: Commander (dpw), Eleventh Coast Guard District,
Coast Guard Island, Building 50-2, Alameda, CA 94501-5100. Note:
Sponsors of events listed in table 1 of this section must submit an
application each year as required by 33 CFR part 100, subpart A, to the
cognizant Coast Guard Sector Commander. Sponsors are informed that
ample lead time is required to inform all Federal, state, local
agencies, and other interested parties and to provide the sponsor the
best support to ensure the safety of life and property.
(b) Special local regulations. All persons and vessels not
registered with the sponsor as participants or as official patrol
vessels are considered spectators. The ``official patrol'' consists of
any Coast Guard; other Federal, state, or local law enforcement; and
any public or sponsor-provided vessels assigned or approved by the
cognizant Coast Guard Sector Commander to patrol each event.
(1) No spectator shall anchor, block, loiter, nor impede the
through transit of participants or official patrol vessels in the
regulated areas during all applicable effective dates and times unless
cleared to do so by or through an official patrol vessel.
(2) When hailed or signaled by an official patrol vessel, any
spectator located within a regulated area during all applicable
effective dates and times shall come to an immediate stop.
(3) The Patrol Commander (PATCOM) is empowered to forbid and
control the movement of all vessels in the regulated area. The Patrol
Commander shall be designated by the cognizant Coast Guard Sector
Commander; will be a U.S. Coast Guard commissioned officer, warrant
officer, or petty officer to act as the Sector Commander's official
representative; and will be located aboard the lead official patrol
vessel. As the Sector Commander's representative, the PATCOM may
terminate the event any time it is deemed necessary for the protection
of life and property. The PATCOM may be reached on VHF-FM Channel 13
(156.65MHz) or 16 (156.8MHz) when required, by the call sign
``PATCOM''.
(4) The Patrol Commander may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
(5) The Coast Guard may be assisted by other Federal, state, or
local agencies.
Table 1 to Sec. 100.1103
[All coordinate referenced use Datum NAD 83]
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1. Blessing of the Fleet
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Sponsor..................................... Corinthian Yacht Club.
Event Description........................... Boat parade during which vessels pass by a pre-designated platform
or vessel.
Date........................................ Last Sunday in April.
Location.................................... San Francisco Waterfront to South Tower of Golden Gate Bridge.
Regulated Area.............................. The area between a line drawn from Bluff Point on the southeastern
side of Tiburon Peninsula to Point Campbell on the northern edge
of Angel Island, and a line drawn from Peninsula Point to the
southern edge of Tiburon Peninsula to Point Stuart on the western
edge of Angel Island.
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2. Opening Day on San Francisco Bay
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Sponsor..................................... Pacific Inter-Club Yacht Association and Corinthian Yacht Club.
Event Description........................... Boat parade during which vessels pass by a pre-designated platform
or vessel.
Date........................................ Last Sunday in April.
Location.................................... San Francisco, CA waterfront: Crissy Field to Pier 39.
Regulated Area.............................. The area defined by a line drawn from Fort Point; thence easterly
approximately 5,000 yards; thence easterly to the Blossom Rock
Bell Buoy; thence westerly to the Northeast corner of Pier 39;
thence returning along the shoreline to the point of origin.
Special Requirements: All vessels entering the regulated area
shall follow the parade route established by the sponsor and be
capable of maintaining an approximate speed of 6 knots.
Commercial Vessel Traffic Allowances: The parade will be
interrupted, as necessary, to permit the passage of commercial
vessel traffic. Commercial traffic must cross the parade route at
a no-wake speed and perpendicular to the parade route.
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[[Page 52868]]
3. Delta Thunder Powerboat Race
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Sponsor..................................... Pacific Offshore Power Racing Association.
Event Description........................... Professional high-speed powerboat race.
Date........................................ Second Saturday, Sunday in September.
Location.................................... Off Pittsburgh, CA in the waters around Winter Island and Browns
Island.
Regulated Area.............................. The water area of Suisun Bay commencing at Simmons Point on Chipps
Island; thence southwesterly to Stake Point on the southern shore
of Suisun Bay; thence easterly following the southern shoreline
of Suisun Bay and New York Slough to New York Slough Buoy 13;
thence north-northwesterly to the Northwestern corner of Fraser
Shoal; thence northwesterly to the western tip of Chain Island;
thence west-northwesterly to the northeast tip of Van Sickle
Island; thence following the shoreline of Van Sickle Island and
Chipps Island and returning to the point of origin.
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4. Pittsburg Seafood Festival Air Show
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Sponsor..................................... City of Pittsburg, CA.
Event Description........................... Pittsburg Seafood Festival Air Show.
Date........................................ Second Saturday, Sunday in September.
Location.................................... Off Pittsburg, CA in the waters around Winter Island and Browns
Island.
Regulated Area.............................. The water area of Suisun Bay commencing at Simmons Point on Chipps
Island; thence southwesterly to Stake Point on the southern shore
of Suisun Bay; thence easterly following the southern shoreline
of Suisun Bay and New York Slough to New York Slough Buoy 13;
thence north-northwesterly to the Northwestern corner of Fraser
Shoal; thence northwesterly to the western tip of Chain Island;
thence west-northwesterly to the northeast tip of Van Sickle
Island; thence following the shoreline of Van Sickle Island and
Chipps Island and returning to the point of origin.
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5. Sacramento Ironman Swim
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Sponsor..................................... IRONMAN Group.
Event Description........................... Swim portion of the Sacramento Ironman Triathlon.
Date........................................ A Sunday in October.
Location.................................... Waters of the American River and Sacramento River from Township 9
Park to North of Tower Bridge.
Regulated Area.............................. For the duration of the event, all non-participants are prohibited
from entering, transiting through, anchoring in, or remaining
within the regulated area all waters of the American River and
Sacramento River from Township 9 Park to North of Tower Bridge.
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6. Escape From Alcatraz Swim
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Sponsor..................................... Action Sports Events IMG.
Event Description........................... Escape From Alcatraz Swim.
An approximate 750 meter swim that will originate from a boat
located in the San Francisco Bay.
Date........................................ A weekend day in June.
Location.................................... Waters of the San Francisco Bay From Alcatraz Island to Saint
Francis Yacht Club.
Regulated Area.............................. For the duration of the event, all non-participants are prohibited
from entering, transiting through, anchoring in, or remaining
within the regulated area all waters of the San Francisco Bay
From Alcatraz Island to Saint Francis Yacht Club.
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Dated: August 19, 2022.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Alternate Captain of the Port San Francisco.
[FR Doc. 2022-18480 Filed 8-29-22; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.