[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Rules and Regulations]
[Pages 19715-19718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09311]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 temporary special local
regulation 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.
DATES: This rule is effective from 10:30 a.m. on May 4, 2019 through
3:00 p.m. on May 5, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0010 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
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 February 2019 in five iconic cities throughout the world,
traveling to San Francisco Bay in May 2019. In San Francisco, they
proposed to take advantage of the natural amphitheater that the central
bay and city waterfront provide.
In response, on March 18, 2019, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Special Local Regulation; Sail
Grand Prix 2019 Race Event; San Francisco, CA'' (84 FR 9727). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this sailing event. During the comment
period that ended on April 17, 2019, we received one comment.
Based off lessons learned during the multi-agency planning process,
we are implementing an additional zone to the Special Local Regulation,
Zone ``D''. Zone ``D'' will be a no loitering or anchoring area along
the San Francisco Waterfront that will allow vessels to transit,
allowing for more accessibility to the waterfront areas. Additionally,
to accommodate the updated, finalized event agenda, the times were
altered to minimize impact to San Francisco Waterfront.
Under 5 U.S.C. 533(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.
This special local regulation 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]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; Zone ``C'',
the Regulated Waterfront Transit Area; and Zone ``D'' the No Loitering
or Anchoring Zone.
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 Broadcast Notice to Mariners at least 3 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 East'' and
Zone ``B1 West'' 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 Transit 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 other established areas. Vessels will be
authorized to transit through this zone with approval from the COTP or
designated authority. 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 Transit 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.
[[Page 19716]]
Zone ``D'' will be the No Loitering or Anchoring Zone. This Zone
will allow vessels to transit along the waterfront throughout the
duration of the Sail Grand Prix. All vessels shall maintain headway and
shall not loiter or anchor within the confines of Zone ``D''. Mariners
can transit Zone ``D'' freely during the Sail Grand Prix, decreasing
the impact to the San Francisco Waterfront Area.
These regulations are needed to keep persons and vessels away from
the sailing race vessels, which exhibit unpredictable maneuverability
and have a demonstrated likelihood during the simulation of racing
scenarios for capsizing. The special local regulation will 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 will not apply to anchored vessels, nor will they exempt
racing vessels from any federal, state, or local laws or regulations,
including Nautical Rules of the Road. The Coast Guard is issuing 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 Comments, Changes and the Rule
As noted above, we received 1 respondent written comment on our
NPRM published March 18, 2019. The comment recommends establishing the
rule for the specific period of time during the race and recommends
prohibiting all other vessels on the water. In order to mitigate the
risk to safe operation of vessels on the race days, the Coast Guard
defined a regulated area for spectator vessels. The Coast Guard aims to
facilitate safe viewing of the race competition by establishing and
assigning maintenance responsibility of a clearly delineated region for
spectators to safely maneuver while viewing the competition.
No changes were made to the rule based upon the received comment;
however the Coast Guard recognizes the importance of imposing
appropriate controls on vessels attempting to gain access to the
regulated race area on the days of the race completion.
After discussion with other local government agencies and involved
sponsor personnel, Zone ``D'' was added in efforts to reduce the impact
to the San Francisco Waterfront and allow mariners to access marines
and fuel docks within Zone ``D''. Additionally, to accommodate the
updated, finalized event agenda, the times were altered to minimize
impact to San Francisco Waterfront.
This rule establishes a special local regulation associated with
the Sail Grand Prix 2019 race event from 10:30 a.m. on May 4, 2019 to
approximately 3:00 p.m. on May 5, 2019 which will be enforced from
10:30 a.m. to 3:00 p.m. on May 4, 2019, and 10:30 a.m. to 3:00 p.m. on
May 5, 2019, or as announced by Broadcast Notice to Mariners. The areas
regulated by this special local regulation are 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 will
establish a primary race area, a spectator area, a waterfront transit
area and a no loitering or anchoring area. An image of this regulated
area may be found in the docket. The special local regulation covers
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. Zone ``A'', Zone ``B'', Zone ``C'' and Zone ``D'' are all to
be included within the special local regulation.
The duration of the establishment of this special local regulation
is intended to ensure the safety of vessels in these navigable waters
during the scheduled race days. This temporary special local regulation
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.
IV. 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 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 or Zone ``D''. 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 received 00 comments from the Small Business
Administration on this rulemaking. The Coast Guard
[[Page 19717]]
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.
When the special local regulation is in effect, vessel traffic can
pass safely around the regulated area. The maritime public will 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 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 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 will 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 will 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 made a preliminary determination
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 special local regulation that will
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 Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.
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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.35T11-0291 to read as follows:
Sec. 100.35T11-0291 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 Captain of the Port San Francisco (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 COTP,
to assist in the enforcement of the special local regulation.
(3) Zone ``A'' means the Official Race Box Area, will be marked by
approximately 12 colored visual markers. The position of these markers
will be specified via Broadcast Notice to Mariners at least 3 days
prior to the event.
(4) Zone ``B'' means the Spectator Area, will include the waters
outside of racing Zone ``A'' and will be defined by latitude and
longitude points as per Broadcast 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 designated Waterfront Transit Area. This
one-directional lane will provide vessels the opportunity to pass along
the San Francisco waterfront, avoiding
[[Page 19718]]
interference with the other established areas. Vessels will be
authorized to transit through this zone with approval from the COTP or
designated authority. 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.
(6) Zone ``D'' means the designated No Loitering or Anchoring Area.
This Zone will allow vessels to transit along the waterfront throughout
the duration of the Sail Grand Prix. All vessels shall maintain headway
and shall not loiter or anchor within the area of Zone ``D''. Zone
``D'' minimizes the impact to the San Francisco Waterfront Area so
mariners have the ability to transit during the times when Zone ``C''
is not in effect for transiting.
(c) Special local regulation. The following regulations apply
between 10:30 a.m. and 3:00 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 designated waterfront transit 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 COTP or designated
representative. Persons and vessels may request permission to transit
Zone ``C'' on VHF-23A.
(5) Vessels operated in Zone ``D'' must maintain headway and shall
not loiter or anchor within the Zone. Vessels in Zone ``D'' must comply
with all directions given to them by the COTP or designated
representative.
(6) Rafting and anchoring of vessels are prohibited within Zones
``A'', ``B'', ``C'' or ``D''.
(d) Enforcement periods. The special local regulation in paragraph
(c) of this section will be enforced for race events on May 4, 2019 and
May 5, 2019 from 10:30 a.m. until approximately 3:00 p.m. each day. The
zones described in paragraph (b) of this section will be enforced from
10:30 a.m. until 3:00 p.m. on each of May 4, 2019 and May 5, 2019. At
least 24 hours in advance of the race event, the Captain of the Port of
San Francisco (COTP) will notify the maritime community of periods
during which these zones will be enforced via Notice to Mariners and in
writing via the Coast Guard Boating Public Safety Notice.
Dated: April 29, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-09311 Filed 5-2-19; 4:15 pm]
BILLING CODE 9110-04-P