Special Local Regulation; Sail Grand Prix 2021 Race Event; San Francisco, CA

CourtCoast Guard
Citation86 FR 71412
Publication Date16 December 2021
Record Number2021-26416
Federal Register, Volume 86 Issue 239 (Thursday, December 16, 2021)
[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
                [Proposed Rules]
                [Pages 71412-71416]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-26416]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 100
                [Docket No. USCG-2021-0797]
                RIN 1625-AA08
                Special Local Regulation; Sail Grand Prix 2021 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 2021 race
                periods on March 24, 2022 through March 27, 2022. 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 2021 race event. This proposed
                rulemaking would temporarily prohibit persons and vessels from entering
                into, 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 January 18, 2022.
                ADDRESSES: You may submit comments identified by docket number USCG-
                2021-0797 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.
                [[Page 71413]]
                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 September 9, 2021, the Silverback Pacific Company notified the
                Coast Guard of an intention to conduct the ``Sail Grand Prix 2021'' in
                the San Francisco Bay. Sail Grand Prix (SailGP) is a sailing league
                featuring world-class sailors racing 50-foot foiling catamarans. The
                inaugural season started April 2021 in seven iconic cities throughout
                the world and is traveling to San Francisco Bay in March 2022. 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 2021 race event on the waters of San Francisco Bay in California.
                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.
                 Prior to drafting this Notice of Proposed Rulemaking, the Coast
                Guard solicited input from maritime stakeholders to better understand
                the nature of commercial and recreational activities on the Bay and how
                the proposed Sail Grand Prix 2021 race event could impact such
                activities. The Coast Guard participated in both a navigation work
                group and monthly public meeting of the local Harbor Safety Committee
                (HSC) to meet with stakeholders and obtain information and gather
                feedback on notional approaches to enacting 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 regulations, including Nautical Rules
                of the Road. The Coast Guard proposes this rulemaking under authority
                in 46 U.S.C. 70034 (previously, 33 U.S.C. 1231).
                 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 2021 race event from 12
                p.m. to 5:30 p.m. each day from March 24, 2022 through March 27, 2022.
                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]48'26.9'' N,
                122[deg]26'50.5'' W and thence along the shore to the point of
                beginning.
                 Located within this footprint, there will be four separate
                regulated areas: Zone ``A'', the Official Practice Box Area; Zone
                ``B'', the Official Race Box Area; Zone ``C'', the Spectator Area, and
                Zone ``D'', the No Spectating or Loitering 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 March 24, 2022 and March 25,
                2022. Zone ``A'', the Official Practice Box Area, will be enforced
                during the official practices from 12 p.m. to 5:30 p.m. on March 24,
                2022 and from 12 p.m. to 5:30 p.m. on March 25, 2022. 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 12 p.m. to 5:30 p.m. on March 26, 2022 and from 12 p.m. to 5:30
                p.m. on March 27, 2022. 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
                further divided into three additional sub-areas: Zone ``C1 East'', Zone
                ``C1 West'', and Zone ``C2''. Zone ``C1 East'' and Zone ``C1 West''
                will be the general spectator areas that are open to all vessel
                spectators. Zone ``C2'' would be the separately designated spectator
                area or areas marked by approximately four or more colored buoys that
                will be managed by marine event sponsor officials. Vessels would be
                prohibited from anchoring within the confines of Zone ``C.''
                 Zone ``D'' would be the No Loitering or Anchoring Area. This zone
                will allow vessels to transit in and out of marinas, piers, and vessel
                launch areas throughout the duration of the Sail Grand Prix event. All
                vessels must maintain headway and may not loiter or anchor within the
                confines of Zone ``D.'' Mariners can transit Zone ``D'' during the Sail
                Grand Prix 2021 event, decreasing the impact of the special local
                regulation to the San Francisco waterfront.
                 The duration of the establishment of the proposed special local
                regulation is
                [[Page 71414]]
                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 rule
                restricts access to the waters encompassed by the special local
                regulation, the effect of this rulemaking 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
                ahead 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 via Zone ``D'' 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 rulemaking 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.
                 If you think that your business, organization, or governmental
                jurisdiction qualifies as a small entity and that this rulemaking 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 rulemaking 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 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
                rulemaking 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
                [[Page 71415]]
                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-2021-0797 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. 100.35.T11-084 to read as follows:
                Sec. 100.35T11-084 Special Local Regulation; Sail Grand Prix 2021
                Race Event, San Francisco, CA
                 (a) Regulated areas. 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 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]48'26.9'' 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]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]48'26.9'' N, 122[deg]26'50.5'' W
                and thence to the point of beginning.
                 (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 per Broadcast Notice to Mariners. Zone
                ``C'' will be further divided into three additional sub-areas: Zone
                ``C1 East,'' Zone ``C1 West,'' and Zone ``C2.'' Zone ``C1 East'' and
                Zone ``C1 West'' will be the general spectator areas that are open to
                all vessel spectators. Zone ``C2'' means the separately designated
                spectator area or areas marked by approximately four or more colored
                buoys that will be managed by marine event sponsor officials. Vessels
                shall not anchor within the confines of Zone ``C.''
                 (5) Zone ``D'' means the No Loitering and Anchoring Area. This zone
                will allow vessels to transit in and out of marinas, piers, and vessel
                launch areas throughout the duration of the Sail Grand Prix. All
                vessels shall maintain headway and shall not loiter or anchor within
                the confines of Zone ``D.'' Mariners can transit Zone ``D'' during the
                Sail Grand Prix 2021 event, decreasing the impact of the special local
                regulation to the San Francisco waterfront.
                 (c) Special local regulation. The following regulations apply
                between 12 p.m. and 5:30 p.m. on the Sail Grand Prix 2021 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 directions issues. 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 in Zone ``D'' shall maintain headway and shall not
                loiter or anchor within the confines of Zone ``D.'' Vessels in Zone
                ``D'' must
                [[Page 71416]]
                maneuver as directed by the COTP or designated representative.
                 (5) Rafting and anchoring of vessels is prohibited within Zones
                ``A'', ``B'', ``C'', and ``D.''
                 (d) Enforcement periods. This special local regulation will be
                enforced for the official practices and race events from 12 p.m. to
                5:30 p.m. each day from March 24, 2022 through March 27, 2022. At least
                24 hours in advance of the official practice and race events commencing
                on March 24, 2022, 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: November 30, 2021.
                Taylor Q. Lam,
                Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
                [FR Doc. 2021-26416 Filed 12-15-21; 8:45 am]
                BILLING CODE 9110-04-P
                

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