[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Rules and Regulations]
[Pages 50373-50376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20465]


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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 World 
Series Regattas, San Francisco Bay; San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has established a special local regulation and 
a safety zone for sailing events scheduled to occur on 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. This rule 
will revise the start time for enforcement on August 26, 2012, to 11:30 
a.m. instead of noon. This

[[Page 50374]]

change will protect mariners transiting the area from the dangers 
associated with the sailing events. Unauthorized persons or vessels are 
prohibited from entering into, transiting through, or remaining in the 
safety zone without permission of the Captain of the Port or their 
designated representative.

DATES: This rule is effective from August 21, 2012, until August 26, 
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2011-0551. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Lieutenant DeCarol Davis, U.S. Coast 
Guard Sector San Francisco; telephone (415) 399-7443 or email at [email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedure Act
ACRM America's Cup Race Management
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On July 17, 2012, the Coast Guard published a temporary final rule 
regulating the on-water activities associated with the ``2012 America's 
Cup World Series'' regatta scheduled to occur August 21-26, 2012 (77 FR 
41902). That rule created a special local regulation and safety zone to 
be enforced from noon until 5 p.m. on those days.
    On August 11, 2012, the Coast Guard received notification from 
America's Cup Race Management (ACRM) that the race scheduled to occur 
on August 26, 2012, would begin 30 minutes earlier in order to maintain 
schedules for television coverage and broadcasting. Regulating on-water 
activities associated with the regatta during those 30 minutes is 
necessary to protect the public from the dangers posed by the high 
speeds of the sailing vessels operating during this media coverage. The 
time remaining before the scheduled August 26th race does not allow for 
public comment on this change. Publishing a rule is in the public's 
interest, however, to provide for the safety of mariners transiting the 
area and to notify the public of planned on-water activities. The 
timing of enforcement also was addressed in public comments the Coast 
Guard received and considered in development of the rule published on 
July 17, and based on those comments the Coast Guard believes that 
starting enforcement 30 minutes earlier on one day will not interfere 
with other waterway uses.
    Accordingly, the Coast Guard is issuing this temporary final rule 
without prior notice and opportunity to comment pursuant to authority 
under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' For the reasons described above, the 
Coast Guard finds under 5 U.S.C. 553(b)(B) that good cause exists for 
not publishing a notice of proposed rulemaking (NPRM) with respect to 
this rule because publishing an NPRM would be contrary to the public 
interest.
    Similarly, 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. For the reasons stated 
above, delaying the effective date would be contrary to the public 
interest.

B. 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(f) and 165.5.
    From August 21-26, 2012, the City of San Francisco plans to host 
America's Cup World Series regattas as part of a circuit of sailing 
events being conducted at other U.S. and international venues. On July 
17, 2012, the Coast Guard published a temporary final rule establishing 
a special local regulation and temporary safety zone to govern these 
events from noon to 5 p.m. (77 FR 41902); however, the events on August 
26, 2012, will start earlier to maintain the event's television 
broadcast schedule. To protect the public during this media coverage, 
the Coast Guard is revising the enforcement provisions of the July 17 
rule to provide for enforcement from 11:30 a.m. until 5 p.m. on August 
26, 2012. This change is necessary to ensure the safety of mariners 
transiting the area from the dangers associated with the sailing 
events.

C. Discussion of the Temporary Final Rule

    The location and restrictions of the special local regulation 
established at 33 CFR 100.T11-0551A and the safety zone established at 
33 CFR 165.T11-0551 remain as they were published on July 17, 2012, and 
are not changed by this rule. The enforcement periods of both the 
special local regulation and the safety zone are revised to reflect 
enforcement from 11:30 a.m. until 5 p.m. on August 26, 2012, instead of 
from noon until 5 p.m. as originally established. Enforcement on the 
other program days in 2012 and 2013 is not affected by this rule.
    The effect of the special local regulation and temporary safety 
zone will be to restrict navigation in the vicinity of the America's 
Cup sailing events. Except for persons or vessels authorized by the 
Coast Guard Patrol Commander, no person or vessel may enter or remain 
in the restricted area. These regulations are needed to keep mariners 
and vessels away from the immediate vicinity of the high-speed sailing 
vessels participating in America's Cup. Movement within marinas, pier 
spaces, and facilities along the City of San Francisco waterfront is 
not regulated by this rule.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive

[[Page 50375]]

Order 13563. The Office of Management and Budget has not reviewed it 
under those Orders.
    Although this rule restricts navigation on San Francisco Bay, these 
restrictions will only be in place for an additional 30 minutes on one 
day, and are limited to a narrowly tailored geographic area. In 
addition, although this rule restricts access to the waters encompassed 
by the safety zone, the effect of this rule will not be significant 
because the local waterway users will be notified via public Broadcast 
Notice to Mariners to ensure the safety zone will result in minimum 
impact. The entities most likely to be affected are waterfront 
facilities, commercial vessels, and pleasure craft engaged in 
recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during 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 the following entities, some of which may be small 
entities: Owners and operators of waterfront facilities, commercial 
vessels, and pleasure craft engaged in recreational activities and 
sightseeing, if these facilities or vessels are in the vicinity of the 
special local regulation and safety zone at times when they are being 
enforced. This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons: (i) 
This rule will encompass only a small portion of the waterway for a 
limited period of time; (ii) vessel traffic may 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; and (v) the maritime public will be advised in 
advance via Broadcast Notice to Mariners. These measures have been 
implemented during similar marine events such as Fleet Week and have 
been successful.

3. 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 rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above. 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.

4. Collection of Information

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

5. 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 rule under 
that Order and have determined that it does not have implications for 
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. 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.

8. Taking of Private Property

    This rule will 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.

9. Civil Justice Reform

    This 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.

10. Protection of Children

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

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action does not individually or cumulatively have a significant 
effect on the human environment. A copy of the environmental assessment 
is available in the docket.

List of Subjects

33 CFR Part 100

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

[[Page 50376]]

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 amends 
33 CFR Parts 100 and 165 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Revise paragraph (b) of Sec.  100.T11-0551A to read as follows:


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

* * * * *
    (b) Enforcement Period. The regulations in this section will be 
enforced between the hours of noon and 5 p.m. on designated program 
days between August 21, 2012, and August 25, 2012, and between 11:30 
a.m. and 5 p.m. on August 26, 2012. The enforcement period may be 
curtailed earlier by the Captain of the Port (COTP) or Patrol 
Commander. Notice of the specific program dates and times 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.
* * * * *

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation 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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
4. Effective from August 21, 2012, until August 26, 2012, suspend 
paragraph (b) of Sec.  165.T11-0551 and add paragraph (d) to read as 
follows:


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

* * * * *
    (d) Location and enforcement period. A safety zone extends 100 
yards around America's Cup Racing Vessels from noon until 5 p.m. on 
program days between August 21, 2012, and August 25, 2012; from 11:30 
a.m. until 5 p.m. on August 26, 2012; and from 11 a.m. until 4 p.m. on 
program days between July 4, 2013, and September 23, 2013. The 
enforcement period may be curtailed earlier by the Captain of the Port 
(COTP) or Patrol Commander. Notice of the specific program dates and 
times will be issued via Broadcast Notice to Mariners and published by 
the Coast Guard in the Federal Register.
* * * * *

    Dated: August 14, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-20465 Filed 8-17-12; 4:15 pm]
BILLING CODE 9110-04-P