[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60897-60899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24611]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0884]
RIN 1625-AA00


Safety Zone: America's Cup World Series Finish-Line, San 
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the San Francisco Bay in vicinity of San Francisco 
West Yacht Harbor Light 2, approximately 1,250 yards east of Anita Rock 
in San Francisco Bay, in support of the 2012 America's Cup World Series 
sailing events. This safety zone is established to ensure the safety of 
mariners and spectators from the dangers of vessel collision associated 
with high-speed race finishes that will occur in vicinity of San 
Francisco West Yacht Harbor Light 2. 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 noon on October 4, 2012 until 4 p.m. 
on October 7, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0884. 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds 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. The Coast Guard received notification of the 
America's Cup Race Management's intentions to finish the races in the 
subject location on September 18, 2012, and the event would occur 
before the rulemaking process would be completed. Because of the 
dangers posed by the high-speeds of vessels operating in the subject 
area during race finishes, the safety zone is necessary to provide for 
the safety of event participants, spectators, spectator craft, and 
other vessels transiting the event area. For the safety concerns noted, 
it is in the public interest to have these regulations in effect during 
the event.
    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

    The legal basis for the proposed temporary rule is the Ports and 
Waterways Safety Act which authorizes the Coast Guard to establish 
safety zones (33 U.S.C. 1221 et seq.).
    America's Cup Race Management, in conjunction with San Francisco 
Bay Fleet Week, will be conducting sailing races from Thursday, October 
4, 2012, through Sunday, October 7, 2012, for the 2012 America's Cup 
World Series. The Coast Guard intends to enforce a temporary safety 
zone in order to protect spectators and participants from vessel 
collision during high-speed race finishes that will occur in vicinity 
of San Francisco West Yacht Harbor Light 2. This safety zone 
establishes a temporary restricted area on the waters 350 yards around 
position 37[deg]48'32'' N, 122[deg]26'24'' W (NAD 83) as depicted in 
National Oceanic and Atmospheric Administration (NOAA) Chart 18649. The 
sailing events are meant for entertainment purposes and the safety zone 
is issued to establish a temporary restricted area on the waters 
surrounding the event finish-line. Due to the large number of craft 
confined within this small area of water and the high speeds of event 
participants, this action in needed to protect both participant and 
spectator vessels from the risk of collision in vicinity of the finish-
line.

C. Discussion of the Final Rule

    The Coast Guard will enforce a temporary safety zone in the 
navigable waters of San Francisco Bay in vicinity of San Francisco West 
Yacht Harbor Light 2, which is stationed approximately 1,250 yards east 
of Anita Rock in San Francisco Bay. This safety zone is to support the 
2012 America's Cup World Series regattas being conducted in conjunction 
with San Francisco Bay Fleet Week. During Fleet Week, which is 
scheduled to take place from Thursday, October 4, 2012 until Sunday, 
October 7, 2012, America's Cup will be conducting two races per day. 
Each of these races will be approximately an hour long and occur 
between the hours of 11:15 a.m. and 6:30 p.m. At the end of each race, 
the Coast Guard will enforce a 350-yard safety zone around position 
37[deg]48'32'' N, 122[deg]26'24'' W (NAD 83). At the conclusion of the 
sailing regattas the safety zone shall terminate.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the America's Cup World Series finish-
line, which will be located near San Francisco West Yacht Harbor Light 
2. 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 spectators and vessels away 
from high-speed race finishes to ensure the safety of participants, 
spectators, and transiting vessels.

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

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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 Order 13563. 
The Office of Management and Budget has not reviewed it under those 
Orders.
    The economic impact of this rule is not significant because the 
safety zone is limited in duration, and is 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 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 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 safety zone at times when this zone is 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, and (ii) the maritime public will be advised in advance of this 
safety zone via Broadcast Notice to Mariners.

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 is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone of limited size and duration. This rule is 
categorically excluded from further review under paragraph 34(g) and 
35(b) of Figure 2-1 of the

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Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects in 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 part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. 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
2. Add temporary Sec.  165.T11-526 to read as follows:


Sec.  165.T11-526  Safety Zone: America's Cup World Series Finish-line, 
San Francisco, CA.

    (a) Location. This temporary safety zone is established for the 
navigable waters of the San Francisco Bay in San Francisco, California 
as depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18649 to support the 2012 America's Cup World Series sailing 
races. The safety zone applies to the navigable waters 350 yards around 
San Francisco West Yacht Harbor Light 2 located at position 
37[deg]48'32'' N, 122[deg]26'24'' W (NAD 83).
    (b) Enforcement period. The temporary safety zone described in 
paragraph (a) of this section will be in effect from noon on October 4, 
2012, until 4 p.m. on October 7, 2012. The zone will be enforced during 
the end of each race. Races will last approximately one hour each and 
will occur during the following periods: between noon and 6:30 p.m. on 
October 4; between 11:45 a.m. and 6 p.m. on October 5; between 11:45 
a.m. and 6:30 p.m. on October 6, 2012; and between 11:15 a.m. and 4 
p.m. on October 7, 2012. The Captain of the Port San Francisco (COTP) 
will notify the maritime community of periods during which this zone 
will be enforced via Broadcast Notice to Mariners in accordance with 33 
CFR 165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR part 
165, subpart C, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zone on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: September 25, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-24611 Filed 10-4-12; 8:45 am]
BILLING CODE 9110-04-P