[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24906-24909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08662]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0176]
RIN 1625-AA08


Special Local Regulation; Sail Grand Prix, Season 3 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 the San Francisco Bay in San 
Francisco, CA in support of the San Francisco Sail Grand Prix, Season 3 
race periods. 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 vessels participating in the Sail Grand Prix race event. 
This rulemaking will 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.

[[Page 24907]]


DATES: This rule is effective from May 4, 2023, through May 7, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0176 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 on this rule, 
call, or email Lieutenant Anthony I. Solares, U.S. Coast Guard Sector 
San Francisco Waterways Management Division; 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
COTP Captain of the Port
PATCOM Patrol Commander
U.S.C. United States Code

II. Background Information and Regulatory History

    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. In response, on March 7, 2023, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Special 
Local Regulation; Sail Grand Prix, Season 3 Race Event; San Francisco, 
CA'' (88 FR 14309). There we stated why we issued the NPRM and invited 
comments on our proposed regulatory action related to this proposed 
sailing race. During the comment period that ended April 7, 2023, 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 the public interest because in order to 
ensure the public and participant's safety we must establish the 
special local regulation before commencement of the Sail Grand Prix 
race activities starting May 4, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The COTP San Francisco has determined this special local 
regulation to be necessary to keep persons and vessels away from the 
sailing race vessels, which exhibit unpredictable maneuverability and 
have demonstrated a likelihood during the simulation of racing 
scenarios for capsizing. This special local regulation will help 
prevent injuries and property damage that may be caused upon impact 
with these fast-moving vessels. The provisions of this temporary 
Special Local Regulation will not exempt racing vessels from any 
Federal, State, or local laws or regulations, including Nautical Rules 
of the Road.
    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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM, which was 
published March 7, 2023. In the Discussion of the Proposed Rule section 
of the NPRM, we incorrectly stated the proposed rule would establish a 
waterfront passage area, which was not included further in the 
Discussion or the regulatory text. This was added in error. The Coast 
Guard does not intend to establish a waterfront passage area within 
this special local regulation. There are no changes in the regulatory 
text of this rule from the proposed rule in the NPRM.
    This rule establishes 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 will 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 will establish an Official 
Practice Box Area, an Official Race Box Area, and a Spectator 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 will 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'' will 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, will 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 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 races 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, will 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 will be prohibited 
from anchoring within the confines of Zone ``C.''
    The duration of the establishment of the special local regulation 
is intended to ensure the safety of vessels in these navigable waters 
during the scheduled practice and race periods. 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.

[[Page 24908]]

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, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
locations, 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 minimal 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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    This rule may affect owners and operators of commercial vessels and 
pleasure craft engaged in recreational activities and sightseeing for a 
limited duration. This special local regulation will not have a 
significant economic impact on a substantial number of small entities 
for the reasons stated in Section V.A above. When the special local 
regulation is in effect, vessel traffic can safely pass around the 
regulated area. The maritime public will be advised in advance of this 
special local regulation via Broadcast Notice to Mariners.
    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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

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, 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 determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
special local regulation that will create regulated areas of limited 
size and duration that includes defined regulated areas for vessel 
traffic to pass. It is categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. 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.

[[Page 24909]]

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.T11-0122 to read as follows:


Sec.  100.T11-0122  Special Local Regulation; Sail Grand Prix 2022 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 latitude 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 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'' 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). 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) and outside 
of Zone ``B,'' the Official Race Box Area. Zone ``C'' will be defined 
by latitude and longitude points via 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 with 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: April 18, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco.
[FR Doc. 2023-08662 Filed 4-24-23; 8:45 am]
BILLING CODE 9110-04-P