[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Proposed Rules]
[Pages 4501-4509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1907]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2011-0551]
RIN 1625-AA00; 1625-AA08


Special Local Regulation and Safety Zone; America's Cup Sailing 
Events, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking and public meetings.

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SUMMARY: The Coast Guard proposes to adopt a temporary special local 
regulation and temporary safety zone for those portions of the 
``America's Cup World Series,'' the ``Louis Vuitton Cup'' challenger 
selection series, and the ``America's Cup Finals Match'' sailing 
regattas that may be conducted in the waters of San Francisco Bay 
adjacent to the City of San Francisco waterfront in the vicinity of the 
Golden Gate Bridge and Alcatraz Island between August and September 
2012 and between July and September 2013. These regulations would be 
necessary to provide for the safety of life on the navigable waters 
immediately prior to, during, and immediately after any regattas that 
may occur. The proposed regulation would temporarily restrict vessel 
traffic in a portion of the San Francisco Bay, prohibit vessels not 
participating in the America's Cup sailing events from entering the 
designated race area, and create a temporary safety zone around racing 
vessels.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 30, 2012. Public meetings will be held between 
6 p.m. and 8 p.m. on March 6, 7, and 8, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0551 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-4325.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Lieutenant Junior Grade DeCarol A. Davis at (415) 
399-7436, or email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager,

[[Page 4502]]

Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0551), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-0551'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box type ``USCG-2011-0551'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meetings

    We will hold three public meetings on this proposed rule on March 
6, 7, and 8, 2012. All meetings will be held from 6 p.m. to 8 p.m. in 
the following locations. The meetings may end earlier if all concerns 
are heard prior to 8 p.m.
    March 6, 2012: Presidio Log Cabin, 1299 Storey Ave., San Francisco, 
CA 94129;
    March 7, 2012: Inn Marin, 250 Entrada Dr., Novato, CA 94949;
    March 8, 2012: Waterfront Hotel, 10 Washington St., Oakland, CA 
94607.
    For information on services and facilities, or if you have any 
questions, contact Lieutenant Junior Grade DeCarol A. Davis at (415) 
399-7436, or e-mail [email protected]. A written summary of 
each meeting will be placed in the docket.

Basis and Purpose

    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 
or marine parade. The Commander of Coast Guard District 11 has 
delegated to the Captain of the Port (COTP) San Francisco the 
responsibility of issuing such regulations. The COTP also has the 
authority to establish safety zones under 33 CFR 1.05-1(e) and 165.5.
    As discussed below, the America's Cup Race Management has applied 
for a Marine Event Permit to hold the 34th America's Cup races on the 
waters of San Francisco Bay in California. 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 races. To provide adequate time for public input, we are 
proposing this special local regulation and safety zone prior to a 
decision on the Marine Event Permit. If the Marine Event Permit is not 
approved, we will withdraw this proposed rule.

Background

    On December 31, 2010, the America's Cup Organizing Committee 
selected the City of San Francisco as the event sponsor to host the 
34th America's Cup sailing events taking place in 2012 and 2013. Mayor 
Gavin Newsom and the San Francisco Board of Supervisors approved a 34th 
America's Cup Host and Venue Agreement with the America's Cup Event 
Authority and America's Cup Organizing Committee.
    In 2012, the City of San Francisco plans to host two America's Cup 
World Series regattas as part of a circuit of sailing events being 
conducted at other U.S. and international venues. The San Francisco 
World Series regattas are scheduled to occur August 11-19, 2012, and 
August 25-September 2, 2012. Each World Series regatta consists of 
fleet and match races and determines a regatta winner, but the outcomes 
do not affect the Louis Vuitton Cup or the America's Cup Finals Match 
in 2013.
    In August 2013, the City of San Francisco plans to host the Louis 
Vuitton Cup challenger selection series to determine the contestant to 
race the Defender of the 34th America's Cup. During the challenger 
selection series, teams will compete in a series of fleet and match 
races to determine the Louis Vuitton Cup winner, and that winning team 
will compete against the America's Cup Defender in the 34th America's 
Cup Finals Match, a best of nine match races, currently planned for 
September 7-24, 2013, and expected to draw the most spectator activity.
    The 2012 World Series regattas feature 45-foot winged-sail 
catamarans (AC45) which have attained speeds in excess of 30 knots. In 
2013, the Louis Vuitton Cup and America's Cup Finals match will feature 
larger 72-foot catamarans (AC72), each crewed by a team of 11 
competitors. The AC72 is predicted to attain speeds in excess of 40 
knots. The America's Cup Event Authority has selected venues for each 
regatta around the world to showcase

[[Page 4503]]

racing close to spectators ashore and via broadcast media. In San 
Francisco, they propose to take advantage of the natural amphitheater 
that the Central Bay and City waterfront provides.
    Prior to drafting this Notice of Proposed Rulemaking, the Coast 
Guard solicited input from maritime users and stakeholders to better 
understand the nature of commercial and recreational activities on the 
Bay and how the proposed America's Cup sailing regattas could impact 
such activities. The Coast Guard used the local Harbor Safety Committee 
(HSC) and hosted various public meetings to obtain information and 
gather feedback on notional solutions.
    The Coast Guard attends all San Francisco HSC meetings, providing a 
monthly status report on safety conditions in the Bay and addressing 
questions for maritime users at large. Since July 2011, the Coast Guard 
has reserved a place on the HSC agenda to discuss America's Cup 
planning and has fielded questions and concerns regarding the proposed 
marine event. Issues brought forward by the HSC include the following: 
(1) Concern regarding communication to the public (i.e., how the public 
will be notified when race-related regulations are in effect); (2) 
concern about the Coast Guard's ability and capacity to enforce event 
regulations over the time period proposed; (3) concern about the 
economic impact to commercial entities on the Bay; and (4) concern 
about San Francisco Bay weather patterns that could quickly change and 
affect safety.
    In addition to gathering comments and concerns from the HSC, the 
Coast Guard held public meetings to gather information related to 
activities on the Bay that might be affected by the America's Cup 
events or related safety regulations. In these public meetings, the 
Coast Guard met with the following maritime users: The deep-draft 
commercial vessel operators and facility operators; tug and barge 
operators; ferry vessel operators; charter fishing vessel operators; 
small passenger vessel operators; and recreational vessel operators and 
other maritime stakeholders.
    During the public meetings, the Coast Guard emphasized the 
following key objectives in implementing a special local regulation and 
permitting the event: (1) Maintaining a safe and accessible waterway; 
(2) maintaining smooth flow of maritime commerce; (3) mitigating 
environmental impacts; and (4) continuing USCG operations.
    Typical comments received during public meetings included: (1) 
Enforcing navigational Rules of the Road; (2) allowing for necessary 
commercial access in and out of any regulated area; (3) ensuring the 
safety of spectators; (4) encouraging Coast Guard communication with 
the public; (5) minimizing the impact to commercial shipping traffic 
due to potential closure of the Eastbound and Westbound Traffic Lanes; 
and (6) addressing crowding and congestion due to on-water spectator 
activity. A record of these meetings is available in the docket, and 
the Coast Guard considered the public input received at these meetings 
when developing this proposed rule. The Coast Guard plans to continue 
consulting maritime users as part of a broad effort to determine and 
mitigate impacts throughout the America's Cup operational planning 
process.

Discussion of Proposed Rule

    The Coast Guard proposes to create two temporary sections in the 
Code of Federal Regulations, one for the 2012 events and one for the 
2013 events.

2012 America's Cup World Series

    The Coast Guard proposes to establish a special local regulation 
associated with the America's Cup World Series regattas in 2012. 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 does not propose to regulate movement within marinas, pier 
spaces, and facilities along the City of San Francisco waterfront. The 
Coast Guard proposes to establish a primary regulated area, which 
includes an area reserved for recreational swimmers, rowers, and 
kayakers; and a contingent regulated area used only during exceptional 
circumstances subject to COTP determination. Images of the primary and 
contingent regulated areas are available in the docket. In this special 
local regulation, the Coast Guard also intends to regulate vessel 
traffic in the Central Bay to maintain commercial access to the ports.
    All proposed restrictions would apply between noon and 5 p.m. on 
designated race days, but normal operations could resume earlier than 5 
p.m. at the discretion of the COTP. Designated race days would occur 
between August 11 and September 2, 2012. Not every day during that 
period would be a race day. The Coast Guard anticipates issuing notice 
of 12 race dates via Broadcast Notice to Mariners and publishing these 
race dates in the Local Notice to Mariners and the Federal Register.
    The Coast Guard proposes to define a primary regulated area that 
surrounds the primary race area. The Coast Guard intends to define a 
regulated area larger than the proposed race area to accommodate 
changing weather conditions that may alter the exact orientation of 
racecourses shortly before each racing day and to help the public 
understand the maximum size of the regulated area of water during race 
periods. On most race days, the Coast Guard anticipates that some 
portion of the regulated area will not be restricted. America's Cup 
support vessels bearing prominently displayed banners will mark the 
race area on each race day to indicate areas restricted from non-
participating vessels.
    During prevailing westerly wind conditions, the regulated area for 
2012 would be an area of approximately 2 square miles bounded by a line 
beginning at position 37[deg]48'39'' N, 122[deg]25'27'' W at the 
Municipal Pier at Aquatic Park, running north to position 
37[deg]49'14'' N, 122[deg]25'27'' W located south of Alcatraz Island, 
running west to position 37[deg]49'14'' N, 122[deg]28'07'' W, running 
southwest to position 37[deg]49'02'' N, 122[deg]28'21'' W, running 
south to position 37[deg]48'32'' N, 122[deg]28'21'' W (NAD 83), running 
eastward along the City of San Francisco shoreline and ending at the 
Municipal Pier. As discussed in the above paragraph, the Coast Guard 
anticipates that the actual race area would be smaller than the primary 
regulated area bounded by these coordinates. The size of the regulated 
area is intended to accommodate the size and speed of the America's Cup 
racing vessels, while still allowing the flow of maritime commerce 
through the central Bay.
    The Coast Guard also proposes a contingent race area to be used in 
the unlikely event that north-south wind conditions make the primary 
race area unusable for racing. This area will be located east of 
Alcatraz Island and northwest of Treasure Island within a contingent 
regulated area bounded by a line connecting the following coordinates: 
37[deg]50'56'' N, 122[deg]24'37'' W; 37[deg]51'24'' N, 122[deg]23'39'' 
37[deg]51'23'' N, 122[deg]22'58'' W; 37[deg]50'07'' N, 122[deg]22'05'' 
W; 37[deg]49'54'' N, 122[deg]22'43'' W; 37[deg]49'35'' N, 
122[deg]22'46'' W; 37[deg]48'51'' N, 122[deg]22'20'' W; 37[deg]48'52'' 
N, 122[deg]23'56'' W; 37[deg]49'02'' N, 122[deg]24'43'' W; 
37[deg]49'48'' N, 122[deg]24'47'' W; and 37[deg]50'55'' N, 
122[deg]24'37'' W (NAD 83).
    The Coast Guard understands that the proposed contingent regulated 
area extends into navigation channels east of Alcatraz Island and 
northwest of Treasure Island. In the unlikely event racing is planned 
in the contingent regulated area, it will only be conducted with COTP 
approval. If the COTP deems

[[Page 4504]]

that racing would interfere with the commercial shipping traffic 
requiring transit through the contingent regulated area, then the race 
will be delayed, shortened, or terminated to accommodate commercial 
shipping schedules.
    The proposed rule would prohibit unauthorized vessels from entering 
the race area in use between noon and 5 p.m. on designated race days. 
This prohibition is necessary for public and participant safety because 
of the speed of the racing vessels. The Coast Guard understands, 
however, that other vessels may need to transit through these areas in 
order to continue operations. For example, we are aware that dredges 
may need to access the Alcatraz disposal site and that commercial 
ferries and fishing vessels will need to access the City of San 
Francisco waterfront; therefore, this proposed rule provides for entry 
into the race area after requesting and receiving Coast Guard 
permission.
    The proposed rule intends to create a designated area for 
recreational swimmers, rowers, and kayakers located near the shoreline 
between Fort Point and Anita Rock. The expected number of vessels in 
the Bay and potential for crowding is such that the Coast Guard intends 
to create a designated space for these activities. During designated 
race periods, this area would be closed to motorized vessels and all 
other vessels greater than 20 feet. All vessels are prohibited from 
anchoring in this designated area. Restricting motorized and larger 
vessels from this area would help reduce environmental impact to the 
Crissy field shoreline, ensure access and safety for swimmers, rowers, 
and kayakers, and reduce potential viewing obstruction for spectators 
ashore.
    This proposed rule would also prohibit anchoring and loitering 
along the San Francisco waterfront area east of the protected swimming 
and boating area, and extending to the Municipal Pier at Aquatic Park. 
Because the proposed race area for 2012 will be close to the 
waterfront, this restriction is necessary to protect public safety and 
prevent potential spectator vessel congestion south of the race area.
    Because of the location of the America's Cup race areas and 
anticipated spectator activity on race days, this proposed rule would 
close the Eastbound and Westbound San Francisco Bay Traffic Lanes to 
vessels greater than or equal to 100 gross tons during designated race 
periods. Vessels less than 100 gross tons are not barred from the 
traffic lanes, so long as they stay out of the race area. The Coast 
Guard understands that commercial vessels greater than or equal to 100 
gross tons may need to transit through the closed traffic lanes to 
conduct operations that would not interfere with the America's Cup 
sailing events; therefore, this proposed rule provides for entry into 
the closed traffic lanes with COTP permission.
    Shipping traffic may continue to operate using the existing Deep 
Water (two-way) Traffic Lane. The Regulated Navigation Area (RNA) 
specified in 33 CFR 165.1181 would continue to apply in this area. This 
RNA contains one-way provisions for certain vessels such as those 
greater than 1,600 gross tons carrying dangerous cargos. At the COTP's 
discretion, vessels in addition to those listed in the RNA could be 
restricted to one-way traffic as coordinated by Sector San Francisco's 
Vessel Traffic Service (VTS). Such a one-way traffic scheme could allow 
more maneuvering space for transiting vessels and may reduce 
navigational obstacles.
    The Coast Guard retains the discretion to delay, shorten, or 
terminate any America's Cup race, if necessary to ensure safety. 
Failure to comply with the lawful directions of the Coast Guard could 
result in additional vessel movement restrictions, citation, or both.

2013 America's Cup Sailing Events

    For reasons similar to those described above, the Coast Guard 
proposes to establish a special local regulation associated with the 
Louis Vuitton Cup challenger selection series and the America's Cup 
Finals Match occurring in 2013. Similar to the special local regulation 
for the 2012 America's Cup World Series, the primary regulated area 
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. Images of the regulated areas for 2013 are available in the 
docket.
    As with the 2012 proposed rule, all proposed restrictions would 
apply between noon and 5 p.m. on designated race days, which would 
occur between July 4 and September 24, 2013. Not every calendar day 
during that period would be a race day. The Coast Guard anticipates 
issuing notice of 45 race dates via Broadcast Notice to Mariners and 
publishing these race dates in the Local Notice to Mariners and the 
Federal Register. As competition continues, the number of races planned 
each day in 2013 will decrease as competitors are eliminated during the 
Louis Vuitton Cup challenger series. America's Cup Race Management 
proposes conducting only one match per race day from August 23, 2013 
through the America's Cup Finals conclusion on September 24, 2013.
    The primary regulated area proposed for 2013 is larger than 2012's 
because of the larger size of the AC72 racing vessels. The 2013 
proposed rule would implement the same provisions as described for the 
2012 special local regulation for establishing a primary regulated 
area, which will include an area reserved for recreational swimmers, 
rowers, kayakers; and a contingent regulated area. As in 2012, the 
Coast Guard also intends to regulate vessel traffic in the Central Bay 
to maintain commercial access to the ports. In addition to those 
provisions discussed in the 2012 special local regulation, the Coast 
Guard proposes to establish a transit zone along the San Francisco 
waterfront and restrict the use of Anchorage 7.
    During prevailing westerly wind conditions, the 2013 race area 
would be located inside of a primary regulated area approximately 4.5 
square miles large bounded by a line beginning at position 
37[deg]48'12'' N, 122[deg]24'04'' W located on the foot of Pier 23, 
running northeast to position 37[deg]48'41'' N, 122[deg]23'16'' W, 
running northwest to position 37[deg]49'41'' N, 122[deg]24'30'' W 
located east of Alcatraz Island, running west to position 
37[deg]49'41'' N, 122[deg]27'35'' W, running southwest to position 
37[deg]49'02'' N, 122[deg]28'21'' W, running south to position 
37[deg]48'32'' N, 122[deg]28'21'' W, and running eastward along the 
City of San Francisco shoreline ending at position 37[deg]48'12'' N, 
122[deg]24'04'' W located on the foot of Pier 23.
    As in 2012, the Coast Guard anticipates that the actual 2013 race 
area would be smaller than the regulated bounded by the coordinates 
above. America's Cup support vessels bearing prominently displayed 
banners will mark the race area on each race day to indicate areas 
restricted from non-participating vessels.
    While evaluating the primary regulated area proposed for 2012 and 
its possible impact to commercial operators, the Coast Guard considered 
including a dedicated transit zone for 2012 similar to the one proposed 
for 2013. The Coast Guard believes that a transit zone for 2012 would 
be unnecessary because the regulated area's size and location, which 
are similar to that of the regulated area for San Francisco Fleet Week, 
adequately allow vessel operators to transit around the regulated area. 
Conversely, the regulated area for 2013 is more than twice as large as 
the regulated area for 2012, and the Coast Guard anticipates that the 
Louis Vuitton Cup and the

[[Page 4505]]

America's Cup Finals in 2013 will draw more spectator activity than the 
regattas in 2012. Due to the size of the regulated area in 2013, it may 
be less feasible for commercial operators to safely transit around this 
regulated area as expected in 2012. For this reason, this rule proposes 
to establish a transit zone along the City of San Francisco waterfront 
and a no-loitering area similar to the one proposed for 2012.
    The transit zone is intended to facilitate the safe transit of 
vessels needing access to pier space and facilities along the City of 
San Francisco waterfront and to minimize other traffic that may 
obstruct the waterfront. Vessels would not be permitted to loiter or 
block the transit area. At the COTP's discretion, vessel movement in 
this zone could be restricted to one-way traffic coordinated by the 
Patrol Commander. The eastern entrances of the transit zone may be 
temporarily closed as races finish.
    This proposed rule would also restrict vessels from anchoring in 
Anchorage No. 7 without permission from the COTP during designated race 
periods in 2013. Keeping this area clear would increase maneuvering 
room for transiting vessels during peak spectator activity and provide 
an emergency anchorage in response to a marine casualty.
    The Coast Guard retains the discretion to delay, shorten, or 
terminate any America's Cup race, if necessary. Failure to comply with 
the lawful directions of the Coast Guard could result in additional 
vessel movement restrictions, citation, or both.

Temporary Safety Zone for America's Cup Racing Vessels

    The Coast Guard proposes to establish a temporary safety zone 
requiring persons and vessels to remain 100 yards from America's Cup 
racing vessels. This temporary safety zone would be in place between 
noon and 5 p.m. on race days and would not be in effect while the 
racing vessels are practicing outside of designated race periods. Only 
on rare occasions do we anticipate America's Cup racing vessels 
competing outside of the race area, and we anticipate that this safety 
zone will be necessary for public safety during such exceptional 
circumstances. An example of an exceptional circumstance would be using 
the safety zone to provide additional safeguards during Opening Day 
Ceremonies when America's Cup Race Management proposes to conduct a 
race leg under the Golden Gate Bridge.
    We also have proposed this temporary safety zone in part to reduce 
the size of the footprint of the primary regulated areas. The 
provisions of this temporary safety zone would not apply to anchored 
vessels, nor would it exempt racing vessels from any Federal, state or 
local laws or regulations, including Rules of the Road regulations.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 12866, Regulatory Planning and Review, and 13563, 
Improving Regulation and Regulatory Review, 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 (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule is not a significant regulatory action 
under section 3(f) of Executive Order 12866, Regulatory Planning and 
Review, and does not require an assessment of potential costs and 
benefits under section 6(a)(3) of that Order. The Office of Management 
and Budget has not reviewed it under that Order.
    The entities most likely to be affected by this proposed rule would 
be commercial shipping traffic, ferry vessels, fishing vessels, and 
pleasure craft engaged in recreational activities. Although this rule 
proposes to restrict navigation on San Francisco Bay, these 
restrictions would only be in place in a small area for a limited time 
on specific dates. We also expect this event to be well publicized so 
that waterway users would be able to plan their activities in advance 
to take into account any restrictions.
    The proposed rule would not exceed a five-hour period between noon 
and 5 p.m. on certain dates. On many race days, the affected period 
will be shorter. The entities affected would be permitted to navigate 
around the restricted area during these periods, and the proposed rule 
would create a traffic scheme for doing so. The proposed rule would not 
prevent commercial operators from conducting operations during the 
America's Cup sailing events. Shipping traffic may operate around the 
regulated area using the Deep Water (two-way) Traffic Lane. The San 
Francisco VTS will help facilitate the safe and efficient use of the 
waterways.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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. We find that the proposed rule would have 
some effect on small entities, but would not have a significant 
economic impact on a substantial number of the entities. This proposed 
rule would affect the following entities, some of which might be small 
entities: (i) the owners or operators of commercial vessels intending 
to transit, operate, or anchor in a portion of the San Francisco Bay; 
and (ii) owners and operators of recreational vessels using the 
regulated portion of San Francisco Bay.
    Although this proposed rule would affect these small entities, this 
rule would not have a significant economic impact on a substantial 
number of small entities for several reasons: (i) This rule will 
restrict only a small portion of the waterway for a limited period of 
time; (ii) vessel traffic could pass safely around the area; (iii) 
vessel traffic may pass through the area with COTP approval; (iv) 
recreational vessel operators may use spaces outside of the affected 
areas; (v) the maritime public would be advised in advance of this 
regulated area via Broadcast Notice to Mariners; and (vi) at times of 
high traffic density anticipated in 2013, there will be a transit zone 
implemented to facilitate navigation. These measures have been 
implemented during similar marine events such as Fleet Week and have 
been successful.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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.

[[Page 4506]]

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Junior Grade DeCarol 
A. Davis at (415) 399-7436, or email [email protected]. 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.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    Pursuant to the National Environmental Policy Act of 1969 (NEPA) 
(42 U.S.C. 4321-4370f), and the Department of Homeland Security 
Management Directive 023-01 and Coast Guard Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the NEPA, the 
Coast Guard is working cooperatively with other affected Federal 
Agencies to evaluate potential environmental effects associated with 
the special local regulation, marine event permit, and safety zones for 
the proposed 34th America's Cup. The Coast Guard will not publish a 
final rule until the NEPA review has been completed.
    We are publishing this proposed rule now to encourage maximum 
public input on the safety provisions proposed and seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.
    The NEPA analysis will be available during the NPRM public review 
period and additional information on the NEPA analysis, along with the 
dates of the NEPA public review period, can be found at 
www.americascupnepa.org. Comments specific to the NEPA analysis or the 
marine event permit should be directed to the contact listed at 
www.americascupnepa.org.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, and Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 100 and 165 as follows:

PART 100--REGATTAS AND MARINE PARADES

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

    Authority:  33 U.S.C. 1233.

    2. Add temporary Sec.  100-T11-0551A to read as follows:


Sec.  100-T11-0551A  Special Local Regulation; 2012 America's Cup World 
Series.

    (a) Location. This special local regulation establishes regulated 
areas on the waters of San Francisco Bay located in the vicinity of the 
Golden Gate

[[Page 4507]]

Bridge, Alcatraz Island, the City of San Francisco waterfront, and the 
Bay Bridge. Movement within marinas, pier spaces, and facilities along 
the City of San Francisco waterfront is not regulated by this rule.
    (1) The following area is the Primary Regulated Area for the 2012 
America's Cup sailing regattas: All waters of San Francisco Bay bounded 
by a line beginning at position 37[deg]48'39'' N, 122[deg]25'27'' W at 
the Municipal Pier at Aquatic Park, running north to position 
37[deg]49'14'' N, 122[deg]25'27'' W located south of Alcatraz Island, 
running west to position 37[deg]49'14'' N, 122[deg]28'07'' W, running 
southwest to position 37[deg]49'02'' N, 122[deg]28'21'' W, running 
south to position 37[deg]48'32'' N, 122[deg]28'21'' W, running eastward 
along the City of San Francisco shoreline, and ending at the Municipal 
Pier. All coordinates are North American Datum 1983.
    (2) The following area is the Contingent Regulated Area for the 
2012 America's Cup sailing regattas: All waters of San Francisco Bay 
bounded by a line connecting the following coordinates: 37[deg]50'56'' 
N, 122[deg]24'37'' W; 37[deg]51'24'' N, 122[deg]23'39'' W; 
37[deg]51'23'' N, 122[deg]22'58'' W; 37[deg]50'07'' N, 122[deg]22'05'' 
W; 37[deg]49'54'' N, 122[deg]22'43'' W; 37[deg]49'35'' N, 
122[deg]22'46'' W; 37[deg]48'51'' N, 122[deg]22'20'' W; 37[deg]48'52'' 
N, 122[deg]23'56'' W; 37[deg]49'02'' N, 122[deg]24'43'' W; 
37[deg]49'48'' N, 122[deg]24'47'' W; and 37[deg]50'55'' N, 
122[deg]24'37'' W. All coordinates are North American Datum 1983.
    (b) Enforcement Period. The regulations in this section will be 
enforced between the hours of noon and 5 p.m. (unless curtailed earlier 
by the COTP or PATCOM) on race days between August 11, 2012, and 
September 2, 2012. Notice of the specific race dates will be issued via 
Broadcast Notice to Mariners and published by the Coast Guard in the 
Local Notice to Mariners and in the Federal Register.
    (c) Definitions. (1) Patrol Commander (PATCOM). As used in this 
section, ``Patrol Commander'' or ``PATCOM'' means a Coast Guard Patrol 
Commander, including a Coast Guard coxswain, petty officer, or other 
officer, or a Federal, State, or local officer designated by the 
Captain of the Port San Francisco (COTP) to assist in the enforcement 
of the special local regulation.
    (2) 2012 Race Area. As used in this section, ``2012 Race Area'' 
means an area within the Primary Regulated Area bounded by America's 
Cup support vessels, which will be marked by prominently displayed 
banners.
    (3) Contingent Race Area. As used in this section, ``Contingent 
Race Area'' means an area within the Contingent Regulated Area bounded 
by America's Cup support vessels, which will be marked by prominently 
displayed banners.
    (d) Special Local Regulations. (1) 2012 Race Area Restrictions. The 
2012 Race Area is closed to all unauthorized vessel traffic, except for 
those permitted by the COTP or PATCOM.
    (2) Contingent Race Area Restrictions. In the event the race area 
must be altered to accommodate a north-south wind direction or other 
shift in weather, the restrictions in paragraphs (d)(1) will apply to 
the Contingent Race Area. In deciding whether to conduct the race in 
the Contingent Race Area, the COTP will consider commercial shipping 
traffic that intends to operate in the Central Bay Precautionary Area 
west of Treasure Island. The COTP will issue Broadcast Notices to 
Mariners to publicize the use of the Contingent Race Area.
    (3) Requesting Transit through Race Areas. Vessel operators who 
desire to enter or operate within the 2012 Race Area or the Contingent 
Race Area while those areas are restricted must contact the COTP or 
PATCOM to obtain permission to do so. Vessel operators given permission 
to enter or operate in those race areas must comply with all directions 
given to them by the COTP or PATCOM. Persons and vessels may request 
permission to enter a race area on VHF Channel 23A or through the Coast 
Guard Sector San Francisco Command Center via telephone at (415) 399-
3547.
    (4) Area Closed to All Motorized Vessels and Vessels Greater Than 
20 Feet. Within the Primary Regulated Area, the following area is 
established for swimmers, rowers, kayakers, and non-motorized vessels 
of 20 feet or less: The area bounded by a line beginning at position, 
37[deg]48'32'' N, 122[deg]26'24'' W, running west to position 
37[deg]48'32'' N, 122[deg]28'00'' W, running northwest to position 
37[deg]48'40'' N, 122[deg]28'21'' W, running south to position 
37[deg]48'32'' N, 122[deg]28'21'' W, running eastward along the City of 
San Francisco shoreline, and ending at the beginning position 
37[deg]48'32'' N, 122[deg]26'24'' W (NAD 83). This area is closed to 
all motorized vessels and all other vessels greater than 20 feet. All 
vessels are prohibited from anchoring in this designated area.
    (5) No-Loitering Area. No vessels may anchor or loiter in the 
navigable waters south of the 2012 Race Area, east of the area defined 
in paragraph (d)(4), and west of Aquatic Park, except with the 
permission of PATCOM.
    (6) Closure of Shipping Lanes. Eastbound and Westbound San 
Francisco Bay Traffic Lanes will be closed to all vessels greater than 
or equal to 100 gross tons. Vessel traffic will be permitted to operate 
during the enforcement period using the Deep Water (two-way) Traffic 
Lane established in 33 CFR 165.1181. Vessels of 100 gross tons or 
greater that need to enter or operate within the closed traffic lanes 
shall obtain permission from the COTP by contacting the VTS via VHF 
Channel 14.
    (7) Control of Vessel Movement to Ensure Safety.
    (i) The COTP, or PATCOM as the designated representative of the 
COTP, may control the movement of all vessels operating on the 
navigable waters of San Francisco Bay when the COTP has determined that 
such orders are justified in the interest of safety by reason of 
weather, visibility, sea conditions, temporary port congestion, and 
other temporary hazardous circumstances.
    (ii) When hailed or signaled by PATCOM, the hailed vessel must come 
to an immediate stop and comply with the lawful directions issued. 
Failure to comply with a lawful direction may result in additional 
operating restrictions, citation for failure to comply, or both.
    (iii) The COTP may delay, shorten, or terminate any America's Cup 
race at any time it is deemed necessary.
    (iv) After termination of the America's Cup races each day, the 
Coast Guard will issue a Broadcast Notice to Mariners to publicize the 
decision to resume normal operations.
    3. Add temporary Sec.  100-T11-0551B to read as follows:


Sec.  100-T11-0551B  Special Local Regulation; 2013 America's Cup 
Sailing Events.

    (a) Location. This special local regulation establishes regulated 
areas on the waters of San Francisco Bay located in the vicinity of the 
Golden Gate Bridge, Alcatraz Island, the City of San Francisco 
waterfront, and the Bay Bridge. Movement within marinas, pier spaces, 
and facilities along the City of San Francisco waterfront is not 
regulated by this rule.
    (1) The following area is the Primary Regulated Area for the 2013 
America's Cup sailing events: All waters of San Francisco Bay bounded 
by a line beginning at position 37[deg]48'12'' N, 122[deg]24'04'' W 
located on the foot of Pier 23, running northeast to position 
37[deg]48'41'' N, 122[deg]23'16'' W, running northwest to position 
37[deg]49'41'' N, 122[deg]24'30'' W located east of Alcatraz Island, 
running west to position

[[Page 4508]]

37[deg]49'41'' N, 122[deg]27'35'' W, running southwest to position 
37[deg]49'02'' N, 122[deg]28'21'' W, running south to position 
37[deg]48'32'' N, 122[deg]28'21'' W, and running eastward along the 
City of San Francisco shoreline ending at position 37[deg]48'12'' N, 
122[deg]24'04'' W located on the foot of Pier 23. All coordinates are 
North American Datum 1983.
    (2) The following area is the Contingent Regulated Area for the 
2013 America's Cup sailing events: All waters of San Francisco Bay 
bounded by a line connecting the following coordinates: 37[deg]50'56'' 
N, 122[deg]24'37'' W; 37[deg]51'24'' N, 122[deg]23'39'' W; 
37[deg]51'23'' N, 122[deg]22'58'' W; 37[deg]50'07'' N, 122[deg]22'05'' 
W; 37[deg]49'54'' N, 122[deg]22'43'' W; 37[deg]49'35'' N, 
122[deg]22'46'' W; 37[deg]48'51'' N, 122[deg]22'20'' W; 37[deg]48'52'' 
N, 122[deg]23'56'' W; 37[deg]49'02'' N, 122[deg]24'43'' W; 
37[deg]49'48'' N, 122[deg]24'47'' W; and 37[deg]50'55'' N, 
122[deg]24'37'' W (NAD 83).
    (b) Enforcement Period. The following regulations will be enforced 
between the hours of noon and 5 p.m. (unless curtailed earlier by the 
COTP or PATCOM) on race days between July 4, 2013, and September 24, 
2013. Notice of the specific race dates will be issued via Broadcast 
Notice to Mariners and published by the Coast Guard in the Local Notice 
to Mariners and in the Federal Register.
    (c) Definitions. (1) Patrol Commander (PATCOM). As used in this 
section, ``Patrol Commander'' or ``PATCOM'' means a Coast Guard Patrol 
Commander, including a Coast Guard coxswain, petty officer, or other 
officer, or a Federal, State, or local officer designated by the 
Captain of the Port San Francisco (COTP) to assist in the enforcement 
of the special local regulation.
    (2) 2013 Race Area. As used in this section, ``2013 Race Area'' 
means an area within the Primary Regulated Area bounded by America's 
Cup support vessels, which will be marked by prominently displayed 
banners.
    (3) Contingent Race Area. As used in this section, ``Contingent 
Race Area'' means an area within the Contingent Regulated Area bounded 
by America's Cup support vessels, which will be marked by prominently 
displayed banners.
    (d) Special Local Regulations. (1) 2013 Race Area Restrictions. The 
2013 Race Area is closed to all unauthorized vessel traffic, except for 
those permitted by the COTP or PATCOM.
    (2) Contingent Race Area Restrictions. In the event the race area 
must be altered to accommodate a north-south wind direction or other 
shift in weather, the restrictions in paragraphs (d)(1) will apply to 
the Contingent Race Area. In deciding whether to conduct the race in 
the Contingent Race Area, the COTP will consider commercial shipping 
traffic that intends to operate in the Central Bay west of Treasure 
Island. The COTP will issue Broadcast Notices to Mariners to publicize 
the use of the Contingent Race Area.
    (3) Requesting Transit through Race Areas. Vessel operators who 
desire to enter or operate within the 2013 Race Area or the Contingent 
Race Area while those areas are restricted must contact the COTP or 
PATCOM to obtain permission to do so. Vessel operators given permission 
to enter or operate in those race areas must comply with all directions 
given to them by the COTP or PATCOM. Persons and vessels may request 
permission to enter a race area on VHF Channel 23A or through the Coast 
Guard Sector San Francisco Command Center via telephone at (415) 399-
3547.
    (4) Area Closed to All Motorized Vessels and Vessels Greater Than 
20 Feet. Within the Primary Regulated Area, the following area is 
established for swimmers, rowers, kayakers, and non-motorized vessels 
of 20 feet or less: The area bounded by a line beginning at position, 
37[deg]48'32'' N, 122[deg]26'24'' W, running west to position 
37[deg]48'32'' N, 122[deg]28'00'' W, running northwest to position 
37[deg]48'40'' N, 122[deg]28'21'' W, running south to position 
37[deg]48'32'' N, 122[deg]28'21'' W, running eastward along the City of 
San Francisco shoreline, and ending at the beginning position 
37[deg]48'32'' N, 122[deg]26'24'' W (NAD 83). This area is closed to 
all motorized vessels and all other vessels greater than 20 feet. All 
vessels are prohibited from anchoring in this designated area.
    (5) No-Loitering Area. No vessels may anchor or loiter in the 
navigable waters south of the 2013 Race Area, east of the area defined 
in paragraph (d)(4), and west of Aquatic Park, except with the 
permission of PATCOM.
    (6) Transit Zone. Within the Primary Regulated Area, a transit 
zone, approximately 200 yards in width, is established along the City 
of San Francisco waterfront. The transit zone will begin at the face of 
Pier 23, run westward along the pier faces to the Municipal Pier, and 
continue westward to the northern boundary of the area defined in 
paragraph (d)(4). This transit zone is bounded by the following 
coordinates: 37[deg]48'40'' N, 122[deg]28'21'' W; 37[deg]48'32'' N, 
122[deg]28'00'' W; 37[deg]48'32'' N, 122[deg]26'24'' W; 37[deg]48'39'' 
N, 122[deg]25'27'' W; 37[deg]48'23'' N, 122[deg]25'13'' W; 
37[deg]48'41'' N, 121[deg]24'30'' W; 37[deg]48'28'' N, 121[deg]24'04'' 
W; 37[deg]48'17'' N, 121[deg]23'54'' W; 37[deg]48'21'' N, 
122[deg]23'49'' W; 37[deg]48'33'' N, 122[deg]24'00'' W; 37[deg]48'48'' 
N, 122[deg]24'32'' W; 37[deg]49'15'' N, 122[deg]24'00'' W; 
37[deg]49'21'' N, 122[deg]24'05'' W; 37[deg]48'48'' N, 122[deg]24'40'' 
W; 37[deg]48'49'' N, 122[deg]25'16'' W; 37[deg]48'37'' N, 
122[deg]26'22'' W; 37[deg]48'37'' N, 122[deg]28'00'' W; 37[deg]48'47'' 
N, 122[deg]28'21'' W; (NAD 83). This transit zone is for vessels that 
need to access pier space or facilities at, or to transit along, the 
City of San Francisco waterfront. It may be marked by temporary buoys 
or America's Cup support vessels. No vessel may anchor, block, loiter 
in, or otherwise impede transit in the transit zone. In the event the 
eastern sections of the transit zone are temporarily closed for vessel 
safety as races finish, vessels must follow the procedures in paragraph 
(d)(3) to request access.
    (7) Anchorage 7 Restrictions. No vessel may anchor in Anchorage No. 
7, delineated at 33 CFR 110.224(e)(4), except with the permission of 
the COTP. Vessels encountering emergencies that require anchoring in 
Anchorage 7 should contact the Sector San Francisco Vessel Traffic 
System (VTS) on VHF Channel 14.
    (8) Closure of Shipping Lanes. Eastbound and Westbound San 
Francisco Bay Traffic Lanes will be closed to all vessels greater than 
or equal to 100 gross tons. Vessel traffic will be permitted to operate 
during the America's Cup sailing races using the Deep Water (two-way) 
Traffic Lane established in 33 CFR 165.1181. Vessels of 100 gross tons 
or greater that need to enter or operate within the closed traffic 
lanes shall obtain permission from the COTP by contacting the VTS via 
VHF Channel 14.
    (9) Control of Vessel Movement to Ensure Safety. (i) The COTP, or 
PATCOM as the designated representative of the COTP, may control the 
movement of all vessels operating on the navigable waters of San 
Francisco Bay when the COTP has determined that such orders are 
justified in the interest of safety by reason of weather, visibility, 
sea conditions, temporary port congestion, and other temporary 
hazardous circumstances.
    (ii) When hailed or signaled by PATCOM, the hailed vessel must come 
to an immediate stop and comply with the lawful directions issued. 
Failure to comply with a lawful direction may result in additional 
operating restrictions, citation for failure to comply, or both.
    (iii) The COTP may delay, shorten, or terminate any America's Cup 
race at any time it is deemed necessary to ensure safety.
    (iv) After termination of the America's Cup races each day, the 
Coast Guard will issue a Broadcast Notice to

[[Page 4509]]

Mariners to publicize the decision to resume normal operations.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    4. The authority for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    5. Add a new temporary section Sec.  165-T11-0551 to read as 
follows:


Sec.  165-T11-0551  Safety Zone; America's Cup Sailing Events.

    (a) Definitions. (1) America's Cup Racing Vessel. As used in this 
section, ``America's Cup Racing Vessel'' means an official competing 
vessel of the 34th America's Cup.
    (2) Patrol Commander. As used in this section, ``Patrol Commander'' 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer, or a Federal, State, or local officer 
designated by the Captain of the Port San Francisco (COTP) to assist in 
the enforcement of the safety zone.
    (b) Location and enforcement period. A safety zone extends 100 
yards around America's Cup Racing Vessels between noon and 5 p.m. on 
the race days during the following dates: between August 11, 2012, and 
September 2, 2012; and between July 4, 2013, and September 24, 2013. 
Notice of the specific race dates will be issued via Broadcast Notice 
to Mariners and published by the Coast Guard in the Federal Register.
    (c) Regulations. (1) The provisions of 33 CFR 165.23 apply to this 
safety zone. No person or vessel underway may enter or remain within 
100 yards of an America's Cup Racing Vessel unless authorized by the 
Patrol Commander.
    (2) This safety zone shall not relieve any vessel, including 
America's Cup Racing Vessels, from the observance of the Navigation 
Rules.
    (3) To request authorization to operate within 100 yards of an 
America's Cup Racing Vessel, contact the Patrol Commander on VHF-FM 
Channel 23A.
    (4) When conditions permit, the Patrol Commander should:
    (i) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 100 yards of 
America's Cup Racing Vessels in order to ensure a safe passage in 
accordance with the Navigation Rules; and
    (ii) Permit vessels anchored in a designated anchorage area to 
remain at anchor when within 100 yards of a passing America's Cup 
Racing Vessel.

    Dated: January 23, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-1907 Filed 1-27-12; 8:45 am]
BILLING CODE 9110-04-P