Proposed Rule2023-04671
Special Local Regulation; Sail Grand Prix, Season 3 Race Event; San Francisco, CA
Primary source
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Published
March 8, 2023
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, Season 3 race periods on May 4, 2023, through May 7, 2023. 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 race event. This proposed rulemaking would temporarily prohibit persons and vessels from entering, 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 88 Issue 45 (Wednesday, March 8, 2023)</title>
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[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Proposed Rules]
[Pages 14309-14312]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04671]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0176]
RIN 1625-AA08
Special Local Regulation; Sail Grand Prix, Season 3 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, Season 3
race periods on May 4, 2023, through May 7, 2023. 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 race event. This proposed
rulemaking would temporarily prohibit persons and vessels from
entering, 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 April 7, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0176 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 Lieutenant Anthony I. Solares, U.S.
Coast Guard District 11, Sector San Francisco, at 415-399-3585,
<a href="/cdn-cgi/l/email-protection#ecbfaabb8d98899e9b8d959fac999f8f8bc2818580"><span class="__cf_email__" data-cfemail="7a293c2d1b0e1f080d1b03093a0f09191d54171316">[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 December 19, 2022, the Silverback Pacific Company notified the
Coast Guard of an intention to conduct the ``Sail Grand Prix, Season
3'' in the San Francisco Bay. Sail Grand Prix (SailGP) is a sailing
league featuring world-class sailors racing 50-foot foiling catamarans.
The 2022-2023 season started May 14, 2022, and the season will conclude
with the San Francisco Bay race in May 2023. 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 race event on the waters of San Francisco Bay in California. At
this time, 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.
The SailGP event has previously been conducted in San Francisco Bay
and each time the Coast Guard solicited input from maritime
stakeholders to better understand the nature of commercial and
recreational activities on the Bay. As done in previous year planning,
the Coast Guard will participate in local Harbor Safety Committee (HSC)
meetings to meet with stakeholders, obtain information, and gather
feedback on approaches to enact the 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
[[Page 14310]]
regulations, including Nautical Rules of the Road. The Coast Guard
proposes this rulemaking under authority in 46 U.S.C. 70041.
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 race event from noon to
5:30 p.m. each day from May 4, 2023, through May 7, 2023. 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]48'30.5'' N, 122[deg]26'22.6'' W;
thence along the shore to 37[deg]48'26.9'' N, 122[deg]26'50.5'' W and
thence to the point of beginning.
Located within this footprint, there will be three separate
regulated areas: Zone ``A'', the Official Practice Box Area; Zone
``B'', the Official Race Box Area; and Zone ``C'', the Spectator 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 May 4, 2023, and May 5, 2023.
Zone ``A'', the Official Practice Box Area, will be enforced during the
official practices from noon to 5:30 p.m. on May 4, 2023, and from noon
to 5:30 p.m. on May 5, 2023, or as announced via Broadcast Notice to
Mariners. 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 noon to 5:30 p.m. on May 6, 2023, and from noon to 5:30 p.m. on
May 7, 2023. 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
managed by marine event sponsor officials. Vessels would be prohibited
from anchoring within the confines of Zone ``C.''
The duration of the establishment of the proposed special local
regulation is 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
proposed rule restricts access to the waters encompassed by the special
local regulation, the effect of this proposed rule 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 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 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 proposed rule 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.
[[Page 14311]]
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 proposed 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 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
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 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 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-2023-0176 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.T11-0122 to read as follows:
Sec. 100.T11-122 Special Local Regulation; Sail Grand Prix 2021 Race
Event, San Francisco, CA.
(a) Regulated area. 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
[[Page 14312]]
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]48'30.5'' N, 122[deg]26'22.6'' W; thence along shore
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]49'19'' N,
122[deg]27'19'' W; thence to 37[deg]49'28'' N, 122[deg]25'52'' W;
thence to 37[deg]48'40.9'' N, 122[deg]25'43.6'' W; thence to
37[deg]49'7.5'' N, 122[deg]25'13'' W and thence to the point of
beginning. These coordinates are the current projected position for the
Official Practice Box Area and will also be announced via Broadcast
Notice to Mariners.
(3) Zone ``B'' 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) of this section. 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) of this
section 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 and will be managed by marine event sponsor
officials. Vessels shall not anchor within the confines of Zone ``C.''
(c) Special Local Regulation. The following regulations apply
between noon and 5:30 p.m. on the Sail Grand Prix 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 direction issued. 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 with approval from COTP or designated representative to
transit through the associated event zones shall maintain headway and
not loiter or anchor within the confines of the regulated area.
(5) Rafting and anchoring of vessels is prohibited within the
regulated area.
(d) Enforcement periods. This special local regulation will be
enforced for the official practices and race events from noon to 5:30
p.m. each day from May 4, 2023, through May 7, 2023. At least 24 hours
in advance of the official practice and race events commencing on May
4, 2023, 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: February 28, 2023.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2023-04671 Filed 3-7-23; 8:45 am]
BILLING CODE 9110-04-P
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