[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Rules and Regulations]
[Pages 18389-18391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08799]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0101]
RIN 1625-AA00


Safety Zone; Sail Grand Prix 2019 Practice Days Safety Zone for 
Sailing Vessels; San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of San Francisco Bay in San Francisco, CA in support 
of the Practice Periods for Sail Grand Prix on April 30, 2019 and May 
3, 2019. This safety zone ensures the safety of mariners transiting the 
area from the dangers accompanying high-speed sailing activities 
associated with the Sail Grand Prix sailing vessels. Unauthorized 
persons or vessels are prohibited from entering into, transiting 
through, or remaining in the safety zone without permission from the 
Captain of the Port San Francisco or a designated representative.

DATES: This rule is effective on April 30, 2019 and May 3, 2019, 
between 10:30 a.m. and approximately 4:00 p.m. each day.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0101 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
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
TFR Temporary Final Rule
Sec.  Section
COTP Captain of the Port
PATCOM Patrol Commander
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to

[[Page 18390]]

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. The Coast Guard received initial notice of this event on October 
12, 2018, but Sail Grand Prix Practice Day dates and details were not 
finalized until March 2019. Because these imperative details had not 
been finalized, it would have been impractical to publish this rule for 
public comment.
    For similar reasons as those stated above, 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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (formerly codified at 33 U.S.C. 1231). The COTP San Francisco has 
determined that the high-speed sailing activities associated with the 
Sail Grand Prix sailing vessels during the Practice Periods on April 
30, 2019 and May 3, 2019, will present a safety concern for other 
vessels within the practice course. This rule is needed to keep persons 
and vessels transiting the area away from sailing race vessels, which 
exhibit unpredictable maneuverability and have a demonstrated 
likelihood for capsizing during the simulation of racing scenarios. The 
safety zone will help prevent injuries that may be caused upon impact 
by these fast-moving vessels. The provisions of this temporary safety 
zone will not apply to anchored vessels, nor will it exempt racing 
vessels from any Federal, state or local laws or regulations, including 
Nautical Rules of the Road.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10:30 a.m. to 
approximately 4:00 p.m. on April 30, 2019 and 10:30 a.m. to 
approximately 4:00 p.m. on May 3, 2019, or as announced by Broadcast 
Notice to Mariners. The safety zone will 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]49'19'' N, 122[deg]27'19'' W; thence to 
37[deg]49'28'' N, 122[deg]25'52'' W; thence to 37[deg]48'49'' N, 
122[deg]25'45'' W; thence to 37[deg]48'42'' N, 122[deg]27'00'' W; 
thence to 37[deg]48'51'' N, 122[deg]27'14'' W and thence to the point 
of beginning. The safety zone will 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. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.
    On October 12, 2018 the LeadDog Marketing Corporation notified the 
Coast Guard that they plan to conduct the ``Sail Grand Prix 2019'' in 
San Francisco Bay. Sail Grand Prix 2019 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. 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. A separate notice of proposed 
rulemaking was issued on March 12, 2019 under docket number USCG-2019-
0010 with respect to a special local regulation that would address the 
race periods.
    The San Francisco Grand Prix 2019 event will include two official 
practice days which are scheduled to take place on April 30, 2019 and 
May 3, 2019, and during these practice days the race footprint will be 
established as a safety zone between the hours of 10:30 a.m. and 
approximately 4:00 p.m. or as announced by Broadcast Notice to 
Mariners.

V. Regulatory Analyses

    We developed this 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 fact that the 
safety zone is limited in duration and is to a narrowly tailored 
geographic area. In addition, although this rule restricts access to 
the waters encompassed by the safety zone, it will not have a 
significant negative impact because the San Francisco Waterfront will 
not be impacted and vessels will be authorized to transit along the San 
Francisco Waterfront normally, without the need to request permission 
pursuant to this rule. Additionally, the local waterway users will be 
notified via advance public Broadcast Notice to Mariners to ensure that 
they can plan accordingly. 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 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. 
While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in V.A. 
above, this rule will not have a significant economic impact on any 
vessel owner or operator. As stated above, the safety zone will be 
limited in duration, and even while the safety zone is in effect, 
vessel traffic will be able to pass safely through waters outside the 
safety zone. The maritime public will be advised in advance of this 
safety zone via Broadcast Notice to Mariners so they can plan 
accordingly.
    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

[[Page 18391]]

jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section.
    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.

C. Collection of Information

    This rule will 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 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 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. If 
you believe this 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 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 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 determined that 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. Normally such actions are 
categorically excluded from further review under paragraph L60(a) 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 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T11-971 to read as follows:


Sec.  165.T11-971   Safety Zone; Sail Grand Prix 2019 Practice Days, 
San Francisco, CA.

    (a) Location. The following area is a safety zone: all navigable 
waters of the San Francisco Bay, from surface to bottom, encompassed by 
a line connecting the following points beginning at: 37[deg]49'19'' N, 
122[deg]27'19'' W; thence to 37[deg]49'28'' N, 122[deg]25'52'' W; 
thence to 37[deg]48'49'' N, 122[deg]25'45'' W; thence to 37[deg]48'42'' 
N, 122[deg]27'00'' W; thence to 37[deg]48'51'' N, 122[deg]27'14'' W and 
thence to the point of beginning.
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced from 10:30 a.m. until approximately 4:00 p.m. 
on April 30 and May 3, 2019. The Captain of the Port (COTP) San 
Francisco will notify the maritime community of periods during which 
these zones will be enforced via Notice to Mariners in accordance with 
Sec.  165.7.
    (c) Definitions. For the purposes of this section, the following 
definitions apply:
    (1) 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 COTP 
San Francisco, to assist in the enforcement of the safety zone.
    (2) Designated representative means a Coast Guard PATCOM, 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 subpart C of 
this part, the safety zone is closed to all vessel traffic, except as 
may be permitted by the COTP or a designated representative. Entering 
into, transiting through, or anchoring within this safety zone is 
prohibited unless authorized by the COTP or a designated 
representative.
    (2) 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 zones on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: April 24, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-08799 Filed 4-30-19; 8:45 am]
 BILLING CODE 9110-04-P