Rule2022-22429
Eleventh Coast Guard District Annual Marine Events; Northern California and Lake Tahoe, CA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 17, 2022
Effective
October 17, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is updating 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 will enable vessel movement restrictions in the regulated area when the special local regulations are activated and enforced.
Full Text
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<title>Federal Register, Volume 87 Issue 199 (Monday, October 17, 2022)</title>
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[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Rules and Regulations]
[Pages 62724-62727]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22429]
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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, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is updating 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 will enable vessel movement restrictions in the regulated
area when the special local regulations are activated and enforced.
DATES: This rule is effective on October 17, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, 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, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT Anthony Solares, Sector San Francisco, U.S. Coast
Guard;
[[Page 62725]]
telephone 415-399-3585, email <a href="/cdn-cgi/l/email-protection#a7f4e1f0c6d3c2d5d0c6ded4e7d2d4c4c089cacecb"><span class="__cf_email__" data-cfemail="560510013722332421372f251623253531783b3f3a">[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).
Before new recurring events are added to the listed events for Eleventh
Coast Guard District they are reviewed for safe practice and verified
to be recurring on or about the same time of year for subsequent years.
In response, on August 29, 2022, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Eleventh Coast Guard District
Annual Marine Events; Northern California and Lake Tahoe, CA'' (87 FR
52865). There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to the marine event additions.
During the comment period that ended September 29, 2022, we received no
comments.
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 contrary to public interest because immediate action
is needed to ensure the safety of the participants and vessels during
the upcoming event on October 23, 2022.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1233). The Captain of the Port San
Francisco (COTP) has determined the regulation update is necessary to
include recurring marine events and keep spectators and vessels a safe
distance away from the specified events to ensure the safety of
participants, spectators, and transiting vessels.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 29, 2022. There are no changes in the regulatory text of this
rule from the regulatory text in the NPRM.
This rule updates 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 will enable vessel
movement restrictions in the regulated area when the special local
regulations are activated and enforced. No vessel or person will be
permitted to enter the regulated area unless authorized by the COTP.
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, the rule
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 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will 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 rule. If the rule will 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 rule or any policy or action of the
Coast Guard.
C. Collection of Information
This rule does 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 will 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
[[Page 62726]]
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 rule will not result in
such an expenditure, we do discuss the potential effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have 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
rule involves revision of 33 CFR 100.1103. The 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.
It is 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 Memorandum for Record supporting this determination is available in
the docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 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 to 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 to this section must submit an
application each year as required by subpart A of this part 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
(156.65 MHz) or 16 (156.8 MHz) 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:
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.
[[Page 62727]]
2. Opening Day on San Francisco
Bay:
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.
3. Delta Thunder Powerboat Race:
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 Brown
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.
4. Pittsburg Seafood Festival Air
Show:
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 Winer Island and Broqn
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.
5. Sacramento Ironman Swim:
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.
6. Escape From Alcatraz Swim:
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: October 7, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-22429 Filed 10-14-22; 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.