[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39588-39591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15809]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

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


Special Local Regulations; Revision of 2013 America's Cup 
Regulated Area, San Francisco Bay; San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is revising the regulated area for the 2013 
America's Cup sailing events. Previously, the Coast Guard established a 
special local regulation, on July 17, 2012, for sailing regattas 
scheduled to be conducted 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. The Coast Guard is amending the rule 
to modify the eastern boundary of the Primary Regulated Area. The 
change relocates the northeast corner of the Primary Regulated Area to 
the east 360 yards and relocates the southeast corner 910 yards to the 
southwest.

DATES: This rule is effective from July 4, 2013, until September 23, 
2013.
    Comments and related material must be received by the Coast Guard 
on or before August 1, 2013.

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 Commander Aaron Lubrano, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-3446 or email at 
[email protected]. If you have questions on viewing the docket, 
call Barbara Hairston, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SLR Special Local Regulation

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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 at 
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, 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.

[[Page 39589]]

    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2011-0551) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    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.

2. 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, 
type the docket number (USCG-2011-0551) 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.

3. 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).

B. Regulatory History and Information

    On July 17, 2012, the Coast Guard published a temporary final rule 
regulating the on-water activities associated with the ``Louis Vuitton 
Cup,'' ``Red Bull Youth America's Cup,'' and ``America's Cup Finals 
Match'' scheduled to occur in July, August, and September, 2013 (77 FR 
41902). That rule created a special local regulation (SLR) that 
established regulated areas on the water to enhance safety and maximize 
access to the affected waterways. The Coast Guard is revising the 
location of the 2013 regulated area with this interim rule.
    The Coast Guard is issuing this temporary interim 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 impracticable 
and contrary to the public interest.
    Recent on-water testing of the AC72 class racing boats has proven 
that speeds in excess of forty knots will be regularly achieved, which 
is faster than previous design forecasts.
    The Coast Guard will consider all comments and may incorporate 
additional changes to the race area to further enhance maritime safety. 
However, the time required to complete the full NPRM process does not 
allow for comment, publication, and implementation prior to the first 
regatta. The Captain of the Port, San Francisco, has determined that 
the race could pose a risk to public safety and property. Such hazards 
include vessel collisions in a congested area and potential capsizing 
of competitor vessels in close proximity to spectator vessels. Thus, 
delaying the effective date of this rule to wait for a comment period 
to run would be both impracticable and contrary to the public interest 
because it would inhibit the Coast Guard's ability to protect 
spectators and vessels from the hazards associated with a large 
gathering of sailboats for a race. Based on these concerns, it is in 
the public interest to have the revised regulation in effect during the 
entire event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

C. 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.
    With this interim rule, the Coast Guard is revising the Primary 
Regulated Area associated with the special local regulation published 
for the Louis Vuitton Cup challenger selection series and the America's 
Cup Finals Match occurring in 2013. Recent on-water testing of the AC72 
class racing boats has proven that speeds in excess of forty knots will 
be regularly achieved, which is faster than previous design forecasts.
    Modifying the eastern boundary of the Primary Regulated Area will 
allow event organizers to adjust the race course to better suit the 
demonstrated speed and maneuverability of the AC72s, while optimizing 
maritime safety for the spectators, commercial traffic and race 
participants, and preserving existing buffer zones near environmentally 
sensitive areas. The reduced size of the regulated area near the San 
Francisco waterfront is expected to help reduce race-related delays for 
commuter ferries as they approach or depart San Francisco, and enhance 
the navigation safety in this area. Due to the changes to the regulated 
area the entrance to the transit zone needed to be adjusted to align 
with the eastern boundary. The ``T'' section of the transit zone was 
modified to allow for better access and to create a consistent safety 
buffer during race finishes.

D. Discussion of the Interim Rule

    The Coast Guard is modifying the Primary Regulated Area established 
in the special local regulation published on July 17, 2012 (77 FR 
41902) associated with the Louis Vuitton Cup challenger selection 
series and the America's Cup Finals Match occurring in 2013. The 
revised rule relocates the northeast corner of the Primary Regulated 
Area to the east 360 yards to 37[deg]49'41'' N, 122[deg]24'17'' W, adds 
one additional point on the eastern flank at 37[deg]49'10'' N, 
122[deg]23'43'' W and relocates the southeast corner 910 yards to the 
southwest to 37[deg]48'24'' N, 122[deg]23'43'' W. The rule also 
relocates the entrance to the transit zone near Blossom Rock southeast 
400 yards to 37[deg]49'17'' N, 122[deg]23'51'' W and 37[deg]49'10'' N, 
122[deg]23'43'' W. An image of the revised Primary Regulated Area for 
2013 may also be found in the docket (USCG-2011-0551).
    All other provisions in the rule remain the same.

E. Regulatory Analyses

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

[[Page 39590]]

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 Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders.
    We do not expect the rule to be significant because the regulated 
area established by the SLR 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 regulated area, 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 regulated area 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 regulated area at times when this area 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 the Coast Guard's enforcement of the regulated area via 
Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the

[[Page 39591]]

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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 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 paragraphs (a)(1) and (d)(6) of Sec.  100.T11-0551B to read 
as follows:


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

    (a) * * *
    (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]48'24'' N, 122[deg]23'43'' W, running north to position 
37[deg]49'10'' N, 122[deg]23'43'' W, running northwest to position 
37[deg]49'41'' N, 122[deg]24'17'' 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. All 
coordinates are North American Datum 1983.
* * * * *
    (d) * * *
    (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]48'43'' N, 122[deg]25'13'' W; 
37[deg]48'41'' N, 122[deg]24'30'' W; 37[deg]48'28'' N, 122[deg]24'04'' 
W; 37[deg]48'17'' N, 122[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]49'00'' 
N, 122[deg]24'00'' W; 37[deg]49'10'' N, 122[deg]23'43'' W; 
37[deg]49'17'' N, 122[deg]23'51'' 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 buoys and/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, such as races finishes, vessels must follow the procedures in 
paragraph (d)(3) to request access.
* * * * *

    Dated: June 19, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-15809 Filed 7-1-13; 8:45 am]
BILLING CODE 9110-04-P