[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Proposed Rules]
[Pages 41368-41371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10353]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0378]
RIN 1625-AA08


Special Local Regulation; San Francisco Bay, 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 for the 
San Francisco Sail Grand Prix, Season 4 race periods on July 11, 2024, 
through July 14, 2024. This special local regulation is necessary to 
ensure the safety of mariners transiting the area from the dangers 
associated with high-speed sailing activities. This proposed rulemaking 
would temporarily prohibit entering, transiting through, anchoring, 
blocking, or loitering within the event area near the Golden Gate 
Bridge and Alcatraz Island, unless authorized.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 12, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0378 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. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant William K. Harris, U.S. 
Coast Guard Sector San Francisco, Waterways Management Division; 
telephone 415-399-7443, 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, Purpose, and Legal Basis

    On February 6, 2024, the Silverback Pacific Company notified the 
Coast Guard of the intention to conduct the ``Sail Grand Prix, Season 
4'' in the San Francisco Bay. Sail Grand Prix (SailGP) is a sailing 
league featuring world-class sailors racing 50-foot foiling catamarans. 
The 2023-2024 season started June 16, 2023, and the season will 
conclude with the San Francisco Bay race in July 2024. 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 race event 
on the waters of the San Francisco Bay. 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 San Francisco Bay. As done in previous 
years panning, 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 regulations in 
connection with the SailGP.
    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 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 SailGP race event from noon to 5:30 p.m. 
each day from July 11, 2024, through July 14, 2024. 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 establishing 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

[[Page 41369]]

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 July 11, 2024, and July 12, 
2024. Zone ``A'', the Official Practice Box Area, will be enforced 
during the official practices from noon to 5:30 p.m. on July 11, 2024, 
and from noon to 5:30 p.m. on July 12, 2024, 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 will 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 will be permitted to enter Zone ``B''. Zone ``B'', the Official 
Race Box Area, will be enforced during the official race periods from 
noon to 5:30 p.m. on July 13, 2024, and from noon to 5:30 p.m. on July 
14, 2024. 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 the area.
    Zone ``C'', the Spectator Area, will be within the special local 
regulation area designated above 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 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 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. 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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. In addition, 
although this rule restricts access to the waters encompassed by the 
special local regulation, the effect of this rule will not be 
significant because the local waterway users will be notified in 
advance via public Broadcast Notice to mariners to ensure the special 
local regulation will result in minimum impact. Therefore, mariners 
will be able to plan and transit outside of the periods of enforcement 
of the special local regulation. The entities most likely 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 rule may affect oner and operators of commercial vessels and 
pleasure craft engaged in recreational activities and sightseeing for a 
limited duration. This special local 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 will be advised in advance of this 
special local regulation via Broadcast Notice to Mariners.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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.

[[Page 41370]]

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 a special 
local regulation that will create regulated areas of limited size and 
cumulative duration of approximately 24 hours across four days. 
Normally such actions are categorically excluded from further review 
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. 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-2024-0378 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 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. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    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. Add Sec.  100.T11-163 to read as follows:


Sec.  100.T11-163  Special Local Regulation; Sail Grand Prix 2023 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[hairsp]'' 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 announced 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 Regulations. 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

[[Page 41371]]

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 the 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 July 11, 2024, through July 14, 2024. At least 24 
hours in advance of the official practice and race events commencing on 
July 11, 2024, 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: May 4, 2024.
Jordan M. Baldueza,
Captain, U.S. Coast Guard, Alternate Captain of the Port Sector San 
Francisco.
[FR Doc. 2024-10353 Filed 5-10-24; 8:45 am]
BILLING CODE 9110-04-P