[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Proposed Rules]
[Pages 14309-14312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04671]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2023-0176]
RIN 1625-AA08


Special Local Regulation; Sail Grand Prix, Season 3 Race Event; 
San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing 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, Season 3 
race periods on May 4, 2023, through May 7, 2023. This special local 
regulation is necessary to provide for the safety of life on these 
navigable waters and to ensure the safety of mariners transiting the 
area from the dangers associated with high-speed sailing activities 
associated with the Sail Grand Prix race event. This proposed 
rulemaking would temporarily prohibit persons and vessels from 
entering, transiting through, anchoring, blocking, or loitering within 
the event area adjacent to the city of San Francisco waterfront near 
the Golden Gate Bridge and Alcatraz Island, unless authorized by the 
Captain of the Port San Francisco or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 7, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0176 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 Lieutenant Anthony I. Solares, U.S. 
Coast Guard District 11, Sector San Francisco, at 415-399-3585, 
[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 December 19, 2022, the Silverback Pacific Company notified the 
Coast Guard of an intention to conduct the ``Sail Grand Prix, Season 
3'' in the San Francisco Bay. Sail Grand Prix (SailGP) is a sailing 
league featuring world-class sailors racing 50-foot foiling catamarans. 
The 2022-2023 season started May 14, 2022, and the season will conclude 
with the San Francisco Bay race in May 2023. In San Francisco, they 
propose to take advantage of the natural amphitheater that the central 
bay and city waterfront provide.
    SailGP has applied for a Marine Event Permit to hold the Sail Grand 
Prix race event on the waters of San Francisco Bay in California. At 
this time, 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.
    The SailGP event has previously been conducted in San Francisco Bay 
and each time the Coast Guard solicited input from maritime 
stakeholders to better understand the nature of commercial and 
recreational activities on the Bay. As done in previous year planning, 
the Coast Guard will participate in local Harbor Safety Committee (HSC) 
meetings to meet with stakeholders, obtain information, and gather 
feedback on approaches to enact the regulation in connection with the 
Sail Grand Prix.
    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 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 exempt racing vessels from any 
federal, state, or local laws or

[[Page 14310]]

regulations, including Nautical Rules of the Road. The Coast Guard 
proposes this rulemaking under authority in 46 U.S.C. 70041.
    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 San Francisco proposes to establish a special local 
regulation associated with the Sail Grand Prix race event from noon to 
5:30 p.m. each day from May 4, 2023, through May 7, 2023. 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]48'24.3'' N, 
122[deg]27'53.5'' W; thence to 37[deg]49'15.6'' N, 122[deg]27'58.1'' W; 
thence to 37[deg]49'28.9'' N, 122[deg]25'52.1'' W; thence to 
37[deg]49'7.5'' N, 122[deg]25'13'' W; thence to 37[deg]48'42'' N, 
122[deg]25'13'' W; thence to 37[deg]48'30.5'' N, 122[deg]26'22.6'' W; 
thence along the shore to 37[deg]48'26.9'' N, 122[deg]26'50.5'' W and 
thence to the point of beginning.
    Located within this footprint, there will be three separate 
regulated areas: Zone ``A'', the Official Practice Box Area; Zone 
``B'', the Official Race Box Area; and Zone ``C'', the Spectator Area.
    Zone ``A'', the Official Practice Box Area, will be marked by 
colored visual markers. The position of these markers would be 
specified via Local Notice to Mariners at least two weeks prior to the 
event and via Broadcast Notice to Mariners at least seven days prior to 
the event. Zone ``A'' would be used by the race and support vessels 
during the official practice period on May 4, 2023, and May 5, 2023. 
Zone ``A'', the Official Practice Box Area, will be enforced during the 
official practices from noon to 5:30 p.m. on May 4, 2023, and from noon 
to 5:30 p.m. on May 5, 2023, or as announced via Broadcast Notice to 
Mariners. Excluding the public from entering Zone ``A'' is necessary to 
provide protection from the operation of the high-speed sailing vessels 
within this area.
    Zone ``B'', the Official Race Box Area, would be marked by 12 or 
more colored visual markers. The position of these markers would be 
confirmed via Broadcast Notice to Mariners at least three days prior to 
the event. Only designated Sail Grand Prix 2021 race, support, and VIP 
vessels would be permitted to enter Zone ``B''. Zone ``B'', the 
Official Race Box Area, will be enforced during the official practices 
from noon to 5:30 p.m. on May 6, 2023, and from noon to 5:30 p.m. on 
May 7, 2023. Because of the hazards posed by the sailing competition, 
excluding non-race vessel traffic from Zone ``B'' is necessary to 
provide protection from the operation of the high-speed sailing vessels 
within this area.
    Zone ``C'', the Spectator Area, would be within the special local 
regulation area designated in paragraph (a) and outside of Zone ``B'', 
the Official Race Box Area. Zone ``C'' will be defined by latitude and 
longitude points per Broadcast Notice to Mariners. Zone ``C'' will be 
managed by marine event sponsor officials. Vessels would be prohibited 
from anchoring within the confines of Zone ``C.''
    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 practice and race periods. 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. 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. 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).
    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 
proposed rule restricts access to the waters encompassed by the special 
local regulation, the effect of this proposed 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 and transit outside of the periods of enforcement 
of the special local regulation, or alternatively, they will be able to 
transit the city of San Francisco Waterfront 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 proposed rule may affect owners and operators of commercial 
vessels and pleasure craft engaged in recreational activities and 
sightseeing for a limited duration. 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. When the 
special local regulation is in effect, vessel traffic can pass safely 
around the regulated area. The maritime public would be advised in 
advance of this special local regulation via Broadcast Notice to 
Mariners.

[[Page 14311]]

    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 proposed 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 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 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 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. 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.
    Submitting comments. We encourage you to submit through the Federal 
Decision Making Portal at https://www.regulations.gov. To do so, go to 
https://www.regulations.gov, type USCG-2023-0176 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 document 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 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

    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: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T11-0122 to read as follows:


Sec.  100.T11-122  Special Local Regulation; Sail Grand Prix 2021 Race 
Event, San Francisco, CA.

    (a) Regulated area. The regulations in this section apply to all 
navigable waters of the San Francisco Bay, from surface to bottom, 
encompassed by a line connecting the following latititude and longitude 
points, beginning at 37[deg]48'24.3'' N, 122[deg]27'53.5'' W; thence to 
37[deg]49'15.6'' N, 122[deg]27'58.1'' W; thence to

[[Page 14312]]

37[deg]49'28.9'' N, 122[deg]25'52.1'' W; thence to 37[deg]49'7.5'' N, 
122[deg]25'13'' W; thence to 37[deg]48'42'' N, 122[deg]25'13'' W; 
thence to 37[deg]48'30.5'' N, 122[deg]26'22.6'' W; thence along shore 
to 37[deg]48'26.9'' N, 122[deg]26'50.5'' W and thence 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) Zone ``A'' means the Official Practice Box Area. This 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]48'40.9'' N, 122[deg]25'43.6'' W; thence to 
37[deg]49'7.5'' N, 122[deg]25'13'' W and thence to the point of 
beginning. These coordinates are the current projected position for the 
Official Practice Box Area and will also be announced via Broadcast 
Notice to Mariners.
    (3) Zone ``B'' Zone ``B'' means the Official Race Box Area, which 
will be marked by 12 or more colored visual markers within the special 
regulation area designated in paragraph (a) of this section. The 
position of these markers will be specified via Broadcast Notice to 
Mariners at least three days prior to the event.
    (4) Zone ``C'' means the Spectator Area, which is within the 
special local regulation area designated in paragraph (a) of this 
section and outside of Zone ``B,'' the Official Race Box Area. Zone 
``C'' will be defined by latitude and longitude points per Broadcast 
Notice to Mariners and will be managed by marine event sponsor 
officials. Vessels shall not anchor within the confines of Zone ``C.''
    (c) Special Local Regulation. The following regulations apply 
between noon and 5:30 p.m. on the Sail Grand Prix official practice and 
race days.
    (1) Only support and race vessels will be authorized by the COTP or 
designated representative to enter Zone ``B'' during the race event. 
Vessel operators desiring to enter or operate within Zone ``A'' or Zone 
``B'' 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 ``C'' 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 direction issued. 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 ``C'' must operate at safe speeds, 
which will create minimal wake.
    (4) Vessels with approval from COTP or designated representative to 
transit through the associated event zones shall maintain headway and 
not loiter or anchor within the confines of the regulated area.
    (5) Rafting and anchoring of vessels is prohibited within the 
regulated area.
    (d) Enforcement periods. This special local regulation will be 
enforced for the official practices and race events from noon to 5:30 
p.m. each day from May 4, 2023, through May 7, 2023. At least 24 hours 
in advance of the official practice and race events commencing on May 
4, 2023, the COTP will notify the maritime community of periods during 
which these zones will be enforced via Broadcast Notice to Mariners and 
in writing via the Coast Guard Boating Public Safety Notice.

    Dated: February 28, 2023.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San 
Francisco.
[FR Doc. 2023-04671 Filed 3-7-23; 8:45 am]
BILLING CODE 9110-04-P