[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Proposed Rules]
[Pages 9727-9731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04932]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2019-0010]
RIN 1625-AA08
Special Local Regulation: Sail Grand Prix 2019 Race Event, San
Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation in the navigable waters of San Francisco Bay in San
Francisco, CA in support of the San Francisco Sail Grand Prix 2019 race
periods on May 4, 2019 and May 5, 2019. This special local regulation
is necessary to ensure the safety of mariners transiting the area from
the dangers associated with high-speed sailing activities associated
with the Sail Grand Prix 2019 race event. This proposed temporary
special local regulation would temporarily restrict vessel traffic
adjacent to the city of San Francisco waterfront in the vicinity of the
Golden Gate Bridge and Alcatraz Island and prohibit vessels and persons
not participating in the race event from entering the dedicated race
area. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 17, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0010 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the
[[Page 9728]]
SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Emily K. Rowan, U.S.
Coast Guard District 11, Sector San Francisco, at 415-399-7443,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
COTP Captain of the Port
PATCOM Patrol Commander
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On October 12, 2018, the LeadDog Marketing Corporation notified the
Coast Guard of an intention to conduct the ``Sail Grand Prix 2019'' in
San Francisco Bay. Sail Grand Prix is a sailing league featuring world-
class sailors racing 50-foot foiling catamarans. The inaugural season
started in February 2019 in five iconic cities throughout the world,
traveling to San Francisco Bay in May 2019. In San Francisco, they
propose to take advantage of the natural amphitheater that the central
bay and city waterfront provide.
LeadDog Marketing Corporation has applied for a Marine Event Permit
to hold the Sail Grand Prix 2019 race event 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 race. To
provide adequate time for public input, we are proposing this special
local regulation prior to a decision on the Marine Event Permit.
Prior to drafting this Notice of Proposed Rulemaking, the Coast
Guard solicited input from maritime stakeholders to better understand
the nature of commercial and recreational activities on the Bay and how
the proposed Sail Grand Prix 2019 race event could impact such
activities. The Coast Guard participated in both a navigation work
group and monthly public meeting of the local Harbor Safety Committee
(HSC) to meet with stakeholders to obtain information and gather
feedback on notional approaches to enacting regulation in connection
with the Sail Grand Prix.
The proposed special local regulation would encompass all navigable
waters of the San Francisco Bay, from surface to bottom, within the
area formed by connecting the following latitude and longitude points
in the following order: 37[deg]48'18'' N, 122[deg]27'44'' W; thence to
37[deg]48'30'' N, 122[deg]27'56'' W; thence to 37[deg]49'14'' N,
122[deg]27'59'' W; thence to 37[deg]49'30'' N, 122[deg]25'36'' W;
thence to 37[deg]49'10'' N, 122[deg]25'10'' W; thence to 37[deg]48'45''
N, 122[deg]25'10'' W; thence to 37[deg]48'42'' N, 122[deg]25'13'' W and
thence along the shore to the point of beginning. Located within this
footprint, there will be three separate regulated areas: Zone ``A'',
the Official Race Box Area; Zone ``B'', the Spectator Area; and Zone
``C'', the Waterfront Passage Area.
Zone ``A'', the Official Race Box Area, will be marked by
approximately 12 colored visual markers. The position of these markers
will be specified via Local Notice to Mariners at least 2 weeks prior
to the event and via Broadcast Notice to Mariners at least 7 days prior
to the event. Because of the hazards posed by the sailing competition,
Zone ``A'' is necessary to provide protection from the operation of the
high-speed sailing vessels within this area.
Zone ``B'', the Spectator Area, will include specified parts of the
waters immediately adjacent to racing Zone ``A'' and will be defined by
latitude and longitude points as per Broadcast Notice to Mariners. Zone
``B'' will be further divided into three additional sub-areas: Zone
``B1 East'', Zone ``B1 West'', and Zone ``B2''. Zone ``B1'' will be the
general spectator zone that is open to all vessel spectators. Zone
``B2'' will be a separate designated spectator area marked by
approximately four colored buoys that will be managed by marine event
sponsor officials. The designation of Zone ``B'', to include Zone ``B1
East'', Zone ``B1 West'', and Zone ``B2'', will allow spectators to
observe the Sail Grand Prix 2019 race event in a regulated area at a
safe distance from the sailing race occurring in Zone ``A''.
Zone ``C'' will be the designated Waterfront Passage Area along the
city of San Francisco waterfront marked by buoys on one side and the
shoreline on the other. This one-directional lane will provide vessels
the opportunity to pass along the San Francisco waterfront, avoiding
interference with the established areas. Vessels will be authorized to
transit through this zone with approval from the COTP or designated
representative. Zone ``C'' is essential to provide vessels the
opportunity to transit along the city of San Francisco waterfront while
maintaining the integrity of the regulated areas for the race event.
Due to the dynamic nature of the Sail Grand Prix 2019, there is a need
for a Waterfront Passage Area so mariners along the waterfront can
transit the impacted waterways at designated times. This Zone ``C'' is
necessary for the protection of waterway users and participants in the
sailing race event while minimizing the impact to the city of San
Francisco maritime community.
These regulations are needed to keep persons and vessels away from
the sailing race vessels, which exhibit unpredictable maneuverability
and have a demonstrated likelihood for capsizing based on the
simulation of racing scenarios. The proposed special local regulation
would help prevent injuries and property damage that may be caused upon
impact by these fast-moving vessels. The provisions of this temporary
special local regulation would not apply to anchored vessels, nor would
they exempt racing vessels from any federal, state, or local laws or
regulations, including Nautical Rules of the Road. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1231.
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.
Pursuant to 33 CFR 1.05-1(i), the Commander of Coast Guard District 11
has delegated to the COTP San Francisco the responsibility of issuing
such regulations.
III. Discussion of Proposed Rule
The COTP proposes to establish a special local regulation
associated with the Sail Grand Prix 2019 race event from 8:00 a.m. to
2:00 p.m. on May 4, 2019, and 8:00 a.m. to 2:00 p.m. on May 5, 2019.
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 proposes to establish a primary race area, a spectator
area, and a Waterfront Passage Area. An image of these proposed
regulated areas may be found in the docket. The special local
regulation will cover all navigable waters of the San Francisco Bay,
from surface to bottom, within the area formed by connecting the
following latitude and longitude points in the following order:
37[deg]48'18'' N, 122[deg]27'44'' W; thence to 37[deg]48'30'' N,
122[deg]27'56'' W; thence to 37[deg]49'14'' N, 122[deg]27'59'' W thence
to 37[deg]49'30'' N, 122[deg]25'36'' W; thence to 37[deg]49'10'' N,
122[deg]25'10'' W; thence to 37[deg]48'45'' N, 122[deg]25'10'' W;
[[Page 9729]]
thence to 37[deg]48'42'' N, 122[deg]25'13'' W and thence along the
shore to the point of beginning. Zone ``A'', Zone ``B'' and Zone ``C''
are all to be included within the proposed special local regulation.
The duration of the establishment of the proposed special local
regulation is intended to ensure the safety of vessels in these
navigable waters during the scheduled race days. This proposed
temporary special local regulation would temporarily restrict vessel
traffic adjacent to the city of San Francisco waterfront in the
vicinity of the Golden Gate Bridge and Alcatraz Island and prohibit
vessels and persons not participating in the race event from entering
the established race area. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the special local regulation. With this
special local regulation, the Coast Guard intends to maintain
commercial access to the ports through an alternate vessel traffic
management scheme. The special local regulation is limited in duration,
and is limited to a narrowly tailored geographic area with designated
and adequate space for transiting vessels to pass when permitted by the
COTP or a designated representative. In addition, although this rule
restricts access to the waters encompassed by the special local
regulation, the effect of this rule will not be significant because the
local waterway users will be notified in advance via public Broadcast
Notice to Mariners to ensure the special local regulation will result
in minimum impact. Therefore mariners will be able to plan ahead and
transit outside of the periods of enforcement of the special local
regulation, and if they choose not to do so, they will be able to
transit the city of San Francisco Waterfront via Zone ``C'' with
approval from the COTP or designated representative. The entities most
likely to be affected are commercial vessels and pleasure craft engaged
in recreational activities.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This rule may affect owners and operators of commercial vessels and
pleasure craft engaged in recreational activities and sightseeing. This
special location regulation would not have a significant economic
impact on a substantial number of small entities for the reasons stated
in section IV.A. above. This special local regulation would be subject
to enforcement for a limited duration. When the special local
regulation is in effect, vessel traffic could pass safely around the
regulated area. The maritime public would be advised in advance of this
special local regulation via Broadcast Notice to Mariners.
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.
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. 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
section. 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.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
If you believe this proposed rule has implications for federalism
or Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that
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do not individually or cumulatively have a significant effect on the
human environment. This proposed rule involves a special local
regulation that would create regulated areas of limited size and
duration that includes defined regulated areas for vessel traffic to
pass. Normally such actions are categorically excluded from further
review under paragraphs L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration supporting this determination is 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 proposed rule.
G. 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
The subjects assigned to the Part are: Marine safety, Navigation
(water), Reporting and recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for Part 100 continues to read as follows:
Authority 33 U.S.C. 1233; 33 CFR 1.05-1.
0
2. Add Sec. 100.35.T11-968 to read as follows:
Sec. 100.35T11-968 Special Local Regulation; Sail Grand Prix 2019
Race Event, San Francisco, CA
(a) Location. The following area is a temporary special local
regulation: all navigable waters of the San Francisco Bay, from surface
to bottom, encompassed by a line connecting the following points,
beginning at:
37[deg]48'18'' N, 122[deg]27'44'' W; thence to 37[deg]48'30'' N,
122[deg]27'56'' W; thence to 37[deg]49'14'' N, 122[deg]27'59'' W;
thence to 37[deg]49'30'' N, 122[deg]25'36'' W; thence to 37[deg]49'10''
N, 122[deg]25'10'' W; thence to 37[deg]48'45'' N, 122[deg]25'10'' W;
thence to 37[deg]48'42'' N, 122[deg]25'13'' W and thence along the
shore to the point of beginning.
(b) Definitions. As used in this section,
(1) ``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 special
local regulation.
(2) ``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.
(3) Zone ``A'' means the Official Race Box Area, which is marked by
approximately 12 colored visual markers within the special local
regulation area designated in paragraph (a). The position of these
markers will be specified via Local Notice to Mariners at least 2 weeks
prior to the event and Broadcast Notice to Mariners at least 7 days
prior to the event.
(4) Zone ``B'' means the Spectator Area, which is within the
special local regulation area designated in paragraph (a) and outside
of Zone A, the Official Race Box Area, Zone B is defined by latitude
and longitude points as per Broadcast Notice to Mariners and Local
Notice to Mariners. Zone ``B'' is be further divided into three
additional sub-areas: Zone ``B1 East'', Zone ``B1 West'', and Zone
``B2''. Zone ``B1 East'' and Zone ``B1 West'' mean the general
spectator zone that is open to all vessel spectators. Zone ``B2'' means
the separate designated spectator area marked by approximately four
colored buoys that will be managed by marine event sponsor officials.
(5) Zone ``C'' means the Waterfront Passage Area. Zone C is within
the special local regulation but not within Zone A or Zone B. This one-
directional lane provides vessels the opportunity to pass along the San
Francisco waterfront, avoiding interference with other established
areas. Vessels will be authorized to transit through this zone with
approval from the COTP or designated representative.
(c) Special Local Regulation. The following regulations apply
between 8:00 a.m. and 2 p.m. on the race event days.
(1) Only support and race vessels may be authorized by the COTP or
designated representative to enter Zone ``A'' during the race event.
Vessel operators desiring to enter or operate within Zone ``A'' must
contact the COTP or a designated representative to obtain permission to
do so. Persons and vessels may request permission to transit Zone ``A''
on VHF-23A.
(2) Spectator vessels in Zone ``B'' must maneuver as directed by
the COTP or designated representative. When hailed or signaled by the
COTP or designated representative by a succession of sharp, short
signals by whistle or horn, the hailed vessel must come to an immediate
stop and comply with the lawful directions issues. Failure to comply
with a lawful direction may result in additional operating
restrictions, citation for failure to comply, or both
(3) Spectator vessels in Zone ``B'' must operate at safe speeds
which will create minimal wake.
(4) Vessel operators desiring to enter or operate within Zone
``C'', the Waterfront Passage Area, must contact the COTP or a
designated representative to obtain permission to do so. Vessel
operators given permission to enter or operate in Zone ``C'' must
comply with all directions given to them by the
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COTP or designated representative. Persons and vessels may request
permission to transit Zone ``C'' on VHF-23A.
(5) Rafting and anchoring of vessels are prohibited within Zones
``A'', ``B'', or ``C''.
(d) Enforcement periods. The special local regulation will be
enforced for race events on 4 May 2019 and 5 May 2019 from 8:00 a.m.
until approximately 2:00 p.m. each day. At least 24 hours in advance of
the race event, the COTP will notify the maritime community of periods
during which these zones will be enforced via Notice to Mariners and
via the Coast Guard Boating Public Safety Notice.
Dated: February 28, 2019.
Anthony J. Ceraolom,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-04932 Filed 3-15-19; 8:45 am]
BILLING CODE 9110-04-P