[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Proposed Rules]
[Pages 52865-52868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18480]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0611]
RIN 1625-AA08


Eleventh Coast Guard District Annual Marine Events; Northern 
California and Lake Tahoe, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to update the list of marine 
events occurring annually within the Eleventh Coast Guard District, 
specifically within the San Francisco Captain of the Port (COTP) zone. 
This rule would enable vessel movement restrictions in the regulated 
area when the special local regulations are activated and enforced. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 29, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0611 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Anthony Solares, Sector San 
Francisco, U.S. Coast Guard; telephone 415-399-3585, email 
[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
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard regularly updates the regulations for recurring 
special local regulations within the Eleventh Coast Guard District 
listed in 33 CFR 100.1103. These recurring special local regulations 
are for marine events that take place either on or over the navigable 
waters of the Eleventh Coast Guard District as defined at 33 CFR 3.55-
1. These regulations were last amended February 13, 2020 (85 FR 8169).

III. Discussion of Proposed Rule

    The Coast Guard is proposing to add two events to table 1 to 33 CFR 
100.1103, the Sacramento Ironman Swim, which typically occurs on a 
Sunday in October, and the Escape from Alcatraz Swim, which typically 
occurs one weekend in June. Unauthorized persons or vessels would be 
prevented from entering into, transiting through, or remaining in the 
regulated areas without the permission of the Captain of the Port San 
Francisco or a designated representative during the events. These 
regulations are needed to keep spectators and vessels a safe distance 
away from the specified events to ensure the safety of participants, 
spectators, and transiting vessels. We would publish notices of 
enforcements in the Federal Register announcing the specific 
enforcement dates and times before the reoccurring annual events.
    We are also proposing small, technical changes to correct minor 
scrivener's errors in the current text.
    The regulatory text we are proposing, which includes details for 
the location of these events, appears at the end of this document. We 
also included maps showing the general locations of the Sacramento 
Ironman Swim event and the Escape from Alcatraz Swim event in the 
docket USCG-2022-0611.

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. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly,

[[Page 52866]]

the NPRM has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size and 
location of the regulated areas. The effect of this rule will not be 
significant because vessel traffic can either pass safely around these 
areas, regardless of size, or this rule will encompass only a small 
portion of the waterway for a short duration. Vessels will also be able 
to request permission from the COTP to transit through the regulated 
areas.

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.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email 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 call or email 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 potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
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 proposed rule involves revision 
of 33 CFR 100.1103. The proposed additions to table 1 of 33 CFR 
100.1103 will capture recurring marine events in the San Francisco 
Captain of the Port (COTP) zone. The revised regulation will prevent 
unauthorized persons or vessels from entering into, transiting through, 
or remaining in the regulated areas without the permission of the 
Captain of the Port San Francisco or a designated representative. 
Normally such actions are categorically excluded from further review 
under paragraph L[61] of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble. 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 call or email 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0611 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public

[[Page 52867]]

comments will also be placed in our online docket and can be viewed by 
following instructions on the https://www.regulations.gov Frequently 
Asked Questions web page. We review all comments received, but we will 
only post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard is 
proposing 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: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Revise and republish Sec.  100.1103 to read as follows:


Sec.  100.1103  Northern California and Lake Tahoe area annual marine 
events.

    (a) General. Special local regulations are established for the 
events listed in table 1 of this section. Notice of implementation of 
these special local regulations will be made by publication in the 
Federal Register 30 days prior to the event for those events without 
specific dates or by Notice to Mariners 20 days prior to the event for 
those events listing a period for which a firm date is identifiable. In 
all cases, further information on exact dates, times, and other details 
concerning the number and type of participants and an exact 
geographical description of the areas are published by the Eleventh 
Coast Guard District in the Local Notice to Mariners at least 20 days 
prior to each event. To be placed on the mailing list for Local Notice 
to Mariners contact: Commander (dpw), Eleventh Coast Guard District, 
Coast Guard Island, Building 50-2, Alameda, CA 94501-5100. Note: 
Sponsors of events listed in table 1 of this section must submit an 
application each year as required by 33 CFR part 100, subpart A, to the 
cognizant Coast Guard Sector Commander. Sponsors are informed that 
ample lead time is required to inform all Federal, state, local 
agencies, and other interested parties and to provide the sponsor the 
best support to ensure the safety of life and property.
    (b) Special local regulations. All persons and vessels not 
registered with the sponsor as participants or as official patrol 
vessels are considered spectators. The ``official patrol'' consists of 
any Coast Guard; other Federal, state, or local law enforcement; and 
any public or sponsor-provided vessels assigned or approved by the 
cognizant Coast Guard Sector Commander to patrol each event.
    (1) No spectator shall anchor, block, loiter, nor impede the 
through transit of participants or official patrol vessels in the 
regulated areas during all applicable effective dates and times unless 
cleared to do so by or through an official patrol vessel.
    (2) When hailed or signaled by an official patrol vessel, any 
spectator located within a regulated area during all applicable 
effective dates and times shall come to an immediate stop.
    (3) The Patrol Commander (PATCOM) is empowered to forbid and 
control the movement of all vessels in the regulated area. The Patrol 
Commander shall be designated by the cognizant Coast Guard Sector 
Commander; will be a U.S. Coast Guard commissioned officer, warrant 
officer, or petty officer to act as the Sector Commander's official 
representative; and will be located aboard the lead official patrol 
vessel. As the Sector Commander's representative, the PATCOM may 
terminate the event any time it is deemed necessary for the protection 
of life and property. The PATCOM may be reached on VHF-FM Channel 13 
(156.65MHz) or 16 (156.8MHz) when required, by the call sign 
``PATCOM''.
    (4) The Patrol Commander may, upon request, allow the transit of 
commercial vessels through regulated areas when it is safe to do so.
    (5) The Coast Guard may be assisted by other Federal, state, or 
local agencies.

                                           Table 1 to Sec.   100.1103
                                  [All coordinate referenced use Datum NAD 83]
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                                            1. Blessing of the Fleet
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Sponsor.....................................  Corinthian Yacht Club.
Event Description...........................  Boat parade during which vessels pass by a pre-designated platform
                                               or vessel.
Date........................................  Last Sunday in April.
Location....................................  San Francisco Waterfront to South Tower of Golden Gate Bridge.
Regulated Area..............................  The area between a line drawn from Bluff Point on the southeastern
                                               side of Tiburon Peninsula to Point Campbell on the northern edge
                                               of Angel Island, and a line drawn from Peninsula Point to the
                                               southern edge of Tiburon Peninsula to Point Stuart on the western
                                               edge of Angel Island.
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                                       2. Opening Day on San Francisco Bay
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Sponsor.....................................  Pacific Inter-Club Yacht Association and Corinthian Yacht Club.
Event Description...........................  Boat parade during which vessels pass by a pre-designated platform
                                               or vessel.
Date........................................  Last Sunday in April.
Location....................................  San Francisco, CA waterfront: Crissy Field to Pier 39.
Regulated Area..............................  The area defined by a line drawn from Fort Point; thence easterly
                                               approximately 5,000 yards; thence easterly to the Blossom Rock
                                               Bell Buoy; thence westerly to the Northeast corner of Pier 39;
                                               thence returning along the shoreline to the point of origin.
                                              Special Requirements: All vessels entering the regulated area
                                               shall follow the parade route established by the sponsor and be
                                               capable of maintaining an approximate speed of 6 knots.
                                              Commercial Vessel Traffic Allowances: The parade will be
                                               interrupted, as necessary, to permit the passage of commercial
                                               vessel traffic. Commercial traffic must cross the parade route at
                                               a no-wake speed and perpendicular to the parade route.
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[[Page 52868]]

 
                                         3. Delta Thunder Powerboat Race
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Sponsor.....................................  Pacific Offshore Power Racing Association.
Event Description...........................  Professional high-speed powerboat race.
Date........................................  Second Saturday, Sunday in September.
Location....................................  Off Pittsburgh, CA in the waters around Winter Island and Browns
                                               Island.
Regulated Area..............................  The water area of Suisun Bay commencing at Simmons Point on Chipps
                                               Island; thence southwesterly to Stake Point on the southern shore
                                               of Suisun Bay; thence easterly following the southern shoreline
                                               of Suisun Bay and New York Slough to New York Slough Buoy 13;
                                               thence north-northwesterly to the Northwestern corner of Fraser
                                               Shoal; thence northwesterly to the western tip of Chain Island;
                                               thence west-northwesterly to the northeast tip of Van Sickle
                                               Island; thence following the shoreline of Van Sickle Island and
                                               Chipps Island and returning to the point of origin.
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                                     4. Pittsburg Seafood Festival Air Show
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Sponsor.....................................  City of Pittsburg, CA.
Event Description...........................  Pittsburg Seafood Festival Air Show.
Date........................................  Second Saturday, Sunday in September.
Location....................................  Off Pittsburg, CA in the waters around Winter Island and Browns
                                               Island.
Regulated Area..............................  The water area of Suisun Bay commencing at Simmons Point on Chipps
                                               Island; thence southwesterly to Stake Point on the southern shore
                                               of Suisun Bay; thence easterly following the southern shoreline
                                               of Suisun Bay and New York Slough to New York Slough Buoy 13;
                                               thence north-northwesterly to the Northwestern corner of Fraser
                                               Shoal; thence northwesterly to the western tip of Chain Island;
                                               thence west-northwesterly to the northeast tip of Van Sickle
                                               Island; thence following the shoreline of Van Sickle Island and
                                               Chipps Island and returning to the point of origin.
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                                           5. Sacramento Ironman Swim
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Sponsor.....................................  IRONMAN Group.
Event Description...........................  Swim portion of the Sacramento Ironman Triathlon.
Date........................................  A Sunday in October.
Location....................................  Waters of the American River and Sacramento River from Township 9
                                               Park to North of Tower Bridge.
Regulated Area..............................  For the duration of the event, all non-participants are prohibited
                                               from entering, transiting through, anchoring in, or remaining
                                               within the regulated area all waters of the American River and
                                               Sacramento River from Township 9 Park to North of Tower Bridge.
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                                          6. Escape From Alcatraz Swim
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Sponsor.....................................  Action Sports Events IMG.
Event Description...........................  Escape From Alcatraz Swim.
                                              An approximate 750 meter swim that will originate from a boat
                                               located in the San Francisco Bay.
Date........................................  A weekend day in June.
Location....................................  Waters of the San Francisco Bay From Alcatraz Island to Saint
                                               Francis Yacht Club.
Regulated Area..............................  For the duration of the event, all non-participants are prohibited
                                               from entering, transiting through, anchoring in, or remaining
                                               within the regulated area all waters of the San Francisco Bay
                                               From Alcatraz Island to Saint Francis Yacht Club.
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    Dated: August 19, 2022.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Alternate Captain of the Port San Francisco.
[FR Doc. 2022-18480 Filed 8-29-22; 8:45 am]
BILLING CODE 9110-04-P