[Federal Register Volume 63, Number 168 (Monday, August 31, 1998)]
[Proposed Rules]
[Pages 46206-46209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23372]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD11-98-007]
RIN 2115-AE46


Special Local Regulations; Northern California Annual Marine 
Events

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to remove a number of outdated 
sections of Special Local Regulations in 33 CFR part 100 and replace 
them with a single section containing an updated master list of 
recurring marine events in Northern California, including various 
fireworks demonstrations, for which Special Local Regulations are 
required. The Special Local Regulations are necessary to control vessel 
traffic within the immediate vicinity of these marine events to ensure 
the safety of life and property during each event. The comprehensive, 
permanent listing will enable mariners and members of the public to 
better anticipate major marine events, and will also greatly ease the 
administration of these marine events by the Coast Guard.

DATES: Comments should be received on or before October 30, 1998.

ADDRESSES: Comments may be mailed to Petty Officer Douglas Adams, U.S. 
Coast Guard Group San Francisco, Yerba Buena Island, San Francisco, 
California, 94130-9309, or delivered to the same address between 9 and 
5 pm., Monday through Friday, except holidays. The telephone number is 
(415) 399-3440.
    Commander, Coast Guard Group San Francisco maintains the public 
docket for this rulemaking. Comments, and any documents referenced in 
this preamble, will become part of this docket and will be available 
for inspection and copying at Group San Francisco between 9 a.m. and 5 
p.m., Monday through Friday, except holidays. Please call before 
visiting.

FOR FURTHER INFORMATION CONTACT:
Petty Officer Douglas Adams, U.S. Coast Guard Group San Francisco, 
Yerba Buena Island, San Francisco, California, 94130-9309. The 
telephone number is (415) 399-3440.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views or arguments. Persons 
submitting comments should include their names

[[Page 46207]]

and addresses, identifying this rulemaking (CGD11-98-007) and the 
specific section of this document to which each comment applies, and 
give the reason for each comment. Please submit all comments and 
attachments in unbound format, no larger than 8.5 by 11 inches, 
suitable for copying and electronic filing. Persons wanting 
acknowledgment of receipt of comments should enclose stamped, self-
addressed postcards or envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Coast Guard San Francisco at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it determines that the opportunity for oral 
presentations will aid in this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    In accordance with the Coast Guard's responsibility to promulgate 
special local regulations to insure the safety of life and protection 
of property on the navigable waters where marine events are held, 
Commander, Eleventh Coast Guard District, proposes to replace the 
outdated text of 33 CFR 100.1103 with a complete table of the annually 
recurring marine events in the Northern California area. The 
regulations currently contained in 33 CFR 100.1104 and 33 CFR 100.1203, 
which have also become outdated, will be deleted and superseded by the 
new text of 33 CFR 100.1103 as part of this proposal as well.

Discussion of Proposed Rule

    To streamline the administration of its safety enforcement 
responsibilities the Coast Guard proposes to revise 33 CFR 100.1103. 
The current text will be deleted and new Special Local Regulations will 
replace its content. Within this section will be a listing of recurring 
marine events involving marine regattas and races, non-competitive 
marine parades, and fireworks displays for which, in the interest of 
public safety, Special Local Regulations are required. This listing 
will be placed under the heading ``Table 1''.
    Generic requirements for all Special Local Regulations will be 
explained in the paragraphs that precede Table 1. Any requirements that 
are event-specific will accompany the individual listings to which they 
apply in Table 1. Notification of the implementation of these Special 
Local Regulations for the duration of each individual event will be 
effectuated by announcement in the Local Notice to Mariners, as well as 
by publication in the Federal Register when practicable and/or 
otherwise required. This list of regulated events does not necessarily 
reflect all recurring marine events in the Northern California area. 
Only those recurring events that the Coast Guard has knowledge of, and 
that are necessary to ensure the safety of life and protection of 
property on the navigable waters of Northern California, are listed.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
Section 3(f) of Executive Order 12886 and does not require assessment 
of potential cost and benefits under Section 6(a)(3) of that Order. It 
has been exempted from review of the Office of Management and Budget 
under that Order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040, 
February 26, 1979). Due to the short duration of these marine events 
and the advance notice provided to the maritime community, the Coast 
Guard expects the economic impact of this regulation to be so minimal 
that a full Regulatory Evaluation under Paragraph 10(a) of the 
regulatory policies and procedures of the Department of Transportation 
is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, will 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include small businesses, not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields, and governmental jurisdictions with 
populations less than 50,000.
    Because it expects the impact of this proposal to be so minimal, 
the Coast Guard certifies under Section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) that this proposal, if adopted, 
will not have a substantial impact on a significant number of small 
entities. If, however, a business or organization feels it qualifies as 
a small entity and that this proposed rule will have a significant 
economic impact on its business or organization, comments may be 
submitted (see ADDRESSES) explaining why the business qualifies, and in 
what way and to what degree this proposed rule will economically affect 
it.

Assistance for Small Entities

    In accordance with 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this proposal so that 
they can better evaluate its effects on them and participate in the 
rulemaking process. If your small business or organization is affected 
by this rule and you have questions concerning its provisions or 
options for compliance, please contact Petty Officer Douglas Adams, 
U.S. Coast Guard Group San Francisco at (415) 399-3440.

Collection of Information

    This proposed rule contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
proposed rule and concluded that under Chapter 2.B.2. of Commandant 
Instruction M16475.1C, Figure 2-1, paragraph (35), it will have no 
significant environmental impact and it is categorically excluded from 
further environmental documentation. The individual events listed in 
Table 1 have, in connection with the marine events permit process, 
either been environmentally assessed and found to have no significant 
impact, or are otherwise categorically excluded from further 
environmental documentation. For those events that are not 
categorically excluded from further environmental documentation, 
Environmental Assessments and Findings of No Significant Impact have 
been prepared and are available for inspection and copying at the 
location listed under ADDRESSES. For those events that are 
categorically excluded from further environmental documentation, 
environmental assessment checklists and Categorical Exclusion 
Determinations have, when required, been prepared. They are also 
available for inspection and copying at the location listed under 
ADDRESSES.

[[Page 46208]]

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the 
Coast Guard must consider whether this proposed rule will result in an 
annual expenditure by state, local, and tribal governments, in the 
aggregate of $100 million (adjusted annually for inflation). If so, the 
Act requires that a reasonable number of regulatory alternatives be 
considered, and that from those alternatives, the least costly, most 
cost-effective, or least burdensome alternatives that achieves the 
objective of the rule be selected.
    No state, local, or tribal government entities will be affected by 
this rule, so this rule will not result in annual or aggregate costs of 
$100 million or more. Therefore, the Coast Guard is exempt from any 
further regulatory requirements under the Unfunded Mandates Act.

List of Subjects in 33 CFR Part 100

    Regattas and Marine Parades.

Proposed Regulation

    As set forth in the preamble, the Coast Guard proposes to amend 33 
CFR Part 100 as follows:

PART 100--MARINE EVENTS

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.


Sec. 100.1104  [Removed]

    2. Remove Sec. 100.1104.


Sec. 100.1203  [Removed]

    3. Remove Sec. 100.1203.
    4. Revise Sec. 100.1103 to read as follows:


Sec. 100.1103   Northern California Annual Marine Events

    (a) Special local regulations are established for the events listed 
in Table 1. Further information on exact dates, times, details 
concerning number and type of participants, and an exact geographical 
description of the regulated area for each event is published by the 
Eleventh Coast Guard District in the Local Notice to Mariners. Sponsors 
of events listed in Table 1 of this section must submit an application 
each year as required by section 100.15 of this part to Commander, 
Coast Guard Group San Francisco, Yerba Buena Island, San Francisco, CA 
94130-9309.
    (b) The areas in which these marine events take place are 
designated ``regulated areas'' during the dates and/or times set forth 
for each event in Table 1. No vessels of any type, except those 
approved by Commander, Coast Guard Group San Francisco, or his/her 
designated representatives, will be allowed in these areas.
    (c) All persons and/or vessels not registered with the sponsor as 
participants or with Commander, Coast Guard Group San Francisco 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 and/or sponsor-provided vessels assigned 
and/or approved by Commander, Coast Guard Group San Francisco, to 
patrol each event.
    (1) No spectator shall transit through, anchor, block, loiter in, 
nor impede the through transit of participants of official patrol 
vessels, in the regulated areas during all applicable effective dates 
and times, unless cleared for such entry or activity by or through an 
official patrol vessel.
    (2) When hailed and/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.
    (d) The ``Patrol Commander'' (PATCOM) will be the lead official 
patrol vessel and shall have on board a U.S. Coast Guard commissioned 
officer, warrant officer or petty officer to act as the Group 
Commander's official representative.
    (1) The Patrol Commander (PATCOM) may forbid or control the 
movement of all vessels in the regulated area. The Patrol Commander 
shall be designated by Commander, Coast Guard Group San Francisco. As 
the Group Commander's representative, the PATCOM may terminate the 
event any time it is deemed necessary for the protection of life and 
property. PATCOM may be reached on VHF-FM Channel 13 (156.65 MHz) when 
required, by the call sign ``PATCOM''.
    (2) The Patrol Commander may, upon request, allow the transit of 
commercial vessels through regulated areas when it is safe to do so.

Table 1

Golden Gate Challenge

    Sponsor: Pacific Offshore Powerboat Racing Association.
    Event Description: Professional high-speed powerboat race.
    Date: Saturday or Sunday in April.
    Location: San Francisco waterfront to south tower of Golden Gate 
Bridge.
    Regulated Area: 37 deg.-49'-10'' N, 122 deg.-24'-07'' W; thence 
to 37 deg.-48'-50'' N, 122 deg.-24'-07'' W; thence to 
37 deg.-48'-56'' N, 122 deg.-28'-48'' W, thence to 37 deg.-48'-48'' 
N, 122 deg.-28'-48'' W, thence returning to the point of origin.

Blessing of the Fleet, San Francisco Bay

    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: Raccoon Strait.
    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 on the southern edge of Tiburon Peninsula to Point Stuart on 
the western edge of Angel Island.

Opening Day on San Francisco Bay

    Sponsor: Pacific Inter-Club Yacht Association.
    Event Description: Boat parade during which vessels pass by a 
pre-designated platform or vessel.
    Date: Last Sunday in April.
    Location: San Francisco waterfront from Crissy Field to Pier 35.
    Regulated Area: The area defined by a line drawn from Fort Point 
(37 deg.-48.66'N, 122 deg.-28.64'W) 079 deg. True for approximately 
5,000 yards to a point located at 37 deg.49.15''N, 122 deg.-25.61'W, 
thence 091 deg. True to the Blossom Rock Bell Buoy (in approximate 
position 37 deg.-49.10'N, 122 deg.-24.20'W), thence 200 deg. True to 
the northeastern corner of Pier 35.
    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.

KFOG Sky Concert

    Sponsor: KFOG Radio, San Francisco.
    Event Description: Fireworks display.
    Date: Last Saturday in May.
    Location: Approximately 1,000 feet off of Pier 30/32.
    Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.

Fourth of July Celebration

    Sponsor: Port of Oakland.
    Event Description: Fireworks display.
    Date: July 4th.
    Location: Oakland Estuary off of Jack London Square.
    Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.

Fourth of July Fireworks, City of Monterey

    Sponsor: City of Monterey Recreation and Community Services 
Department.
    Event Description: Fireworks display.
    Date: July 4th.
    Location: Monterey Bay, east of Municipal Wharf #2.
    Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.

Fourth of July Fireworks, City of Sausalito

    Sponsor: City of Sausalito.
    Event Description: Fireworks display.

[[Page 46209]]

    Date: July 4th.
    Location: 1,000 feet offshore from the Sausalito waterfront, 
north of Spinnaker Rest.
    Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.

Fourth of July Fireworks, Lake Tahoe

    Sponsor: Anchor Trust.
    Event Description: Fireworks display.
    Date: July 4th.
    Location: 1,000 feet off of Incline Village, Nevada, in Crystal 
Bay.
    Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.

Fourth of July Fireworks, South Lake Tahoe Gaming Alliance

    Sponsor: Harrah's Lake Tahoe.
    Event Description: Fireworks display.
    Date: July 4th.
    Location: Off of South Lake Tahoe, California, near the Nevada 
border.
    Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.

Independence Day Fireworks

    Sponsor: North Tahoe Fire Protection District.
    Event Description: Fireworks display.
    Date: July 4th.
    Location: Offshore from Kings Beach State Beach.
    Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.

July 4th Fireworks Display

    Sponsor: North Tahoe Fire Protection District.
    Event Description: Fireworks display.
    Date: July 4th.
    Location: Offshore of Common Beach, Tahoe City, California
    Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.

San Francisco Chronicle Fireworks Display

    Sponsor: San Francisco Chronicle.
    Event Description: Fireworks display.
    Date: July 4th.
    Location: San Francisco, 1,000 feet off Municipal Pier and Pier 
39.
    Regulated Area: Black Point: 37 deg.48'30'' N, 122 deg.25'42'' W 
thence to NW Corner: 37 deg.48'52'' N, 122 deg.25'42'' W thence to 
NE Corner: 37 deg.49'10'' N, 122 deg.24'30'' W thence to SE Corner: 
37 deg.48'42'' N, 122 deg.24'30'' W.

Vallejo Fourth of July Fireworks

    Sponsor: Vallejo Marina.
    Event Description: Fireworks display.
    Date: July 4th.
    Location: Mare Island Strait.
    Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.

Race the Straits

    Sponsor: Pacific Offshore Powerboat Racing Association.
    Event Description: Professional high-speed powerboat race.
    Date: Sunday in July.
    Location: Carquinez Strait and San Pablo Strait.
    Regulated Area: 38 deg.02'12'' N, 122 deg.08'31'' W thence to 
38 deg.02'38'' N, 122 deg.10'00'' W thence to 38 deg.03'20'' N, 
122 deg.10'20'' W thence to 38 deg.03'47'' N, 122 deg.13'32'' W 
thence to 38 deg.03'36'' N, 122 deg.17'37'' W thence to 
38 deg.03'19'' N, 122 deg.17'34'' W thence to 38 deg.03'35'' N, 
122 deg.13'32'' W thence to 38 deg.03'24'' N, 122 deg.12'01'' W 
thence to 38 deg.02'58'' N, 122 deg.10'58'' W thence to 
38 deg.01'55'' N, 122 deg.09'47'' W thence to 38 deg.01'58'' N, 
122 deg.08'31'' W thence returning to the point of origin.

Delta Thunder

    Sponsor: Pacific Offshore Powerboat Racing Association.
    Event Description: Professional high-speed powerboat race.
    Date: Sunday in September.
    Location: Off Pittsburgh, California, in the waters around 
Winter Island and Brown Island.
    Regulated Area: The entire water area of Suisun Bay east of a 
line drawn from Simmons Point on Chips Island to Stake Point to the 
southwest on the opposite side of Suisun Bay; thence easterly 
through Suisun Bay and continuing easterly through New York Slough 
to Buoy 13; thence north-northwesterly to the eastern edges of 
Fraser Shoal; thence continuing northwesterly along the entire 
southern shores of Chain Island; thence southwesterly through the 
entire waters of Suisun Bay and returning to the point of origin.

Festival of the Sea

    Sponsor: San Francisco Maritime National Historical Park.
    Event Description: Tugboat race.
    Date: Sunday in September.
    Location: From Crissy Field to Hyde Street Pier.
    Regulated Area: San Francisco Bay immediately off of Golden Gate 
Yacht Club, Gashouse Cove, Aquatic Park and the Hyde Street Pier. 
All mariners may proceed with caution but must keep at least 500 
feet from the competing tugboats.

    Dated: 28 July 1998.
R.D. Sirois,
Captain, U.S. Coast Guard Commander, Eleventh Coast Guard District 
Acting.
[FR Doc. 98-23372 Filed 8-28-98; 8:45 am]
BILLING CODE 4910-15-M