[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Rules and Regulations]
[Pages 62724-62727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22429]


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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, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is updating 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 will enable vessel movement restrictions in the regulated 
area when the special local regulations are activated and enforced.

DATES: This rule is effective on October 17, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0611 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LT Anthony Solares, Sector San Francisco, U.S. Coast 
Guard;

[[Page 62725]]

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). 
Before new recurring events are added to the listed events for Eleventh 
Coast Guard District they are reviewed for safe practice and verified 
to be recurring on or about the same time of year for subsequent years.
    In response, on August 29, 2022, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled ``Eleventh Coast Guard District 
Annual Marine Events; Northern California and Lake Tahoe, CA'' (87 FR 
52865). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to the marine event additions. 
During the comment period that ended September 29, 2022, we received no 
comments.
    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. Delaying the effective date of 
this rule would be contrary to public interest because immediate action 
is needed to ensure the safety of the participants and vessels during 
the upcoming event on October 23, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041 (previously 33 U.S.C. 1233). The Captain of the Port San 
Francisco (COTP) has determined the regulation update is necessary to 
include recurring marine events and keep spectators and vessels a safe 
distance away from the specified events to ensure the safety of 
participants, spectators, and transiting vessels.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 29, 2022. There are no changes in the regulatory text of this 
rule from the regulatory text in the NPRM.
    This rule updates 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 will enable vessel 
movement restrictions in the regulated area when the special local 
regulations are activated and enforced. No vessel or person will be 
permitted to enter the regulated area unless authorized by the COTP.

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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the rule 
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 rule 
will 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 
V.A above, this rule will 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 rule will 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 will 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 rule or any policy or action of the 
Coast Guard.

C. Collection of Information

    This rule does 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 call

[[Page 62726]]

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 rule will not result in 
such an expenditure, we do discuss the potential effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this 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 
rule involves revision of 33 CFR 100.1103. The 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. 
It is 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 Memorandum for Record supporting this determination is available in 
the docket. For instructions on locating the docket, see the ADDRESSES 
section of this preamble.

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.

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 
amending 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 to 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 to this section must submit an 
application each year as required by subpart A of this part 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 
(156.65 MHz) or 16 (156.8 MHz) 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:
    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.

[[Page 62727]]

 
2. Opening Day on San Francisco
 Bay:
    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.
3. Delta Thunder Powerboat Race:
    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 Brown
                                     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.
4. Pittsburg Seafood Festival Air
 Show:
    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 Winer Island and Broqn
                                     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.
5. Sacramento Ironman Swim:
    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.
6. Escape From Alcatraz Swim:
    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: October 7, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-22429 Filed 10-14-22; 8:45 am]
BILLING CODE 9110-04-P