Rule2023-08662
Special Local Regulation; Sail Grand Prix, Season 3 Race Event, San Francisco, 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
April 25, 2023
Effective
May 4, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation in the navigable waters of the San Francisco Bay in San Francisco, CA in support of the San Francisco Sail Grand Prix, Season 3 race periods. 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 vessels participating in the Sail Grand Prix race event. This rulemaking will 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.
Full Text
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<title>Federal Register, Volume 88 Issue 79 (Tuesday, April 25, 2023)</title>
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[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24906-24909]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08662]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0176]
RIN 1625-AA08
Special Local Regulation; Sail Grand Prix, Season 3 Race Event,
San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation in the navigable waters of the San Francisco Bay in San
Francisco, CA in support of the San Francisco Sail Grand Prix, Season 3
race periods. 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 vessels participating in the Sail Grand Prix race event.
This rulemaking will 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.
[[Page 24907]]
DATES: This rule is effective from May 4, 2023, through May 7, 2023.
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-
2023-0176 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call, or email Lieutenant Anthony I. Solares, U.S. Coast Guard Sector
San Francisco Waterways Management Division; telephone 415-399-3585,
email <a href="/cdn-cgi/l/email-protection#336075645247564144524a4073464050541d5e5a5f"><span class="__cf_email__" data-cfemail="5c0f1a0b3d28392e2b3d252f1c292f3f3b72313530">[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 Information and Regulatory History
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. In response, on March 7, 2023, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled ``Special
Local Regulation; Sail Grand Prix, Season 3 Race Event; San Francisco,
CA'' (88 FR 14309). There we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to this proposed
sailing race. During the comment period that ended April 7, 2023, 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 the public interest because in order to
ensure the public and participant's safety we must establish the
special local regulation before commencement of the Sail Grand Prix
race activities starting May 4, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP San Francisco has determined this special local
regulation to be necessary to keep persons and vessels away from the
sailing race vessels, which exhibit unpredictable maneuverability and
have demonstrated a likelihood during the simulation of racing
scenarios for capsizing. This special local regulation will help
prevent injuries and property damage that may be caused upon impact
with these fast-moving vessels. The provisions of this temporary
Special Local Regulation will not exempt racing vessels from any
Federal, State, or local laws or regulations, including Nautical Rules
of the Road.
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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM, which was
published March 7, 2023. In the Discussion of the Proposed Rule section
of the NPRM, we incorrectly stated the proposed rule would establish a
waterfront passage area, which was not included further in the
Discussion or the regulatory text. This was added in error. The Coast
Guard does not intend to establish a waterfront passage area within
this special local regulation. There are no changes in the regulatory
text of this rule from the proposed rule in the NPRM.
This rule establishes 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 will 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 will establish an Official
Practice Box Area, an Official Race Box Area, and a Spectator 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 will 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'' will 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, will 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 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 races 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, will 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 will be prohibited
from anchoring within the confines of Zone ``C.''
The duration of the establishment of the special local regulation
is intended to ensure the safety of vessels in these navigable waters
during the scheduled practice and race periods. This temporary special
local regulation will 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.
[[Page 24908]]
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
locations, 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 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 minimal 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 received no comments from the Small Business
Administration on this rulemaking. 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.
This rule may affect owners and operators of commercial vessels and
pleasure craft engaged in recreational activities and sightseeing for a
limited duration. This special local regulation will not have a
significant economic impact on a substantial number of small entities
for the reasons stated in Section V.A above. When the special local
regulation is in effect, vessel traffic can safely pass around the
regulated area. The maritime public will be advised in advance of this
special local regulation via Broadcast Notice to Mariners.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, 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 determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation that will create regulated areas of limited
size and duration that includes defined regulated areas for vessel
traffic to pass. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. 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.
[[Page 24909]]
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY 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.T11-0122 Special Local Regulation; Sail Grand Prix 2022 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 latitude 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]48'30.5'' 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'' 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 via 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 with 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: April 18, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco.
[FR Doc. 2023-08662 Filed 4-24-23; 8:45 am]
BILLING CODE 9110-04-P
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