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

CourtCoast Guard
Citation87 FR 15090
Record Number2022-05621
Published date17 March 2022
Federal Register, Volume 87 Issue 52 (Thursday, March 17, 2022)
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
                [Rules and Regulations]
                [Pages 15090-15093]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-05621]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 100
                [Docket Number USCG-2021-0797]
                RIN 1625-AA08
                Special Local Regulation; Sail Grand Prix 2021 Race Event; San
                Francisco Bay, San Francisco, CA
                AGENCY: Coast Guard, Department of Homeland Security (DHS).
                ACTION: Temporary final rule.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard is establishing 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
                associate with the Sail Grand Prix 2021 race event. This 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.
                DATES: This rule is effective from March 24, 2022, through March 27,
                2022.
                ADDRESSES: To view documents mentioned in this preamble as being
                available in the docket, go to https://www.regulations.gov, type USCG-
                2021-0797 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 Junior Grade William K. Harris, U.S. Coast
                Guard, Sector San Francisco, Waterways Management Division, at 415-399-
                7443, and [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 September 9, 2021, the Silverback Pacific Company notified the
                Coast Guard of an intention to conduct the ``Sail Grand Prix 2021''
                event in the San Francisco Bay. Sail Grand Prix (SailGP) is a sailing
                league featuring world-class sailors racing 50-foot foiling catamarans.
                [[Page 15091]]
                The inaugural season started April 2021 in seven iconic cities
                throughout the world and is traveling to San Francisco Bay in March
                2022. In response, on December 15, 2021, the Coast Guard published a
                notice of proposed rulemaking (NPRM) titled ``Special Local Regulation;
                Sail Grand Prix 2021 Race Event; San Francisco, CA'' (86 FR 71412).
                There we stated why we issued the NPRM, and invited comments on our
                proposed regulatory action related to this event. During the comment
                period that ended January 18, 2022, we received one comment.
                 Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
                exists for making this rule effective less than 30 days after
                publication in the Federal Register. Delaying the effective date of
                this rule would be contrary to public interest because action is needed
                to protect personnel, vessels, and the marine environment from the
                potential hazards associated with Sail Grand Prix 2021 event beginning
                March 24, 2022.
                III. Legal Authority and Need for Rule
                 The Coast Guard is issuing this rule under authority in 46 U.S.C.
                70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) San
                Francisco has determined that these regulations are needed to keep
                persons and vessels away from the sailing race vessels, which exhibit
                unpredictable maneuverability, and have demonstrated likelihood during
                the simulation of racing scenarios for capsizing. This special local
                regulation will help prevent injuries and property damage caused upon
                impact by these fast-moving vessels. The provisions of this temporary
                special local regulation do not exempt racing vessels from any federal,
                state, or local laws or regulations, including Nautical Rules of the
                Road.
                 Per 33 CFR 100.35, the Coast Guard District Commander may
                promulgate certain special local regulations deemed necessary to ensure
                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 one comment on our NPRM published
                December 15, 2021. The comment was positive in nature and supported the
                issuance of the special local regulation as proposed. 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 2021 race event which will be enforced from noon to
                5:30 p.m. each day from March 24, 2022, through March 27, 2022. 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 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 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 periods on March 24, 2022, and March 25, 2022.
                Zone ``A'', the Official Practice Box Area, will be enforced during the
                official practice periods from noon to 5:30 p.m. on March 24, 2022, and
                from noon to 5:30 p.m. on March 25, 2022. Excluding the public from
                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 positions of these markers will 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 will 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 March 26, 2022, and from noon 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 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
                further sub-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'' will be separately designated spectator area or
                areas, marked by approximately four or more colored buoys that will be
                managed by marine event sponsor officials. Vessels will be prohibited
                from anchoring within the confines of Zone ``C''.
                 Zone ``D'' will 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 this special local regulation
                is intended to ensure the safety of vessels in the 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.
                The regulatory text appears at the end of this document.
                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
                [[Page 15092]]
                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,
                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 rule will not be significant because the
                local waterway users will be notified in advance via 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 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 pass safely around the
                regulated area. The maritime public would 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 would 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.
                G. Protest Activities
                 The Coast Guard respects the First Amendment rights of protesters.
                Protesters are asked to call or email the person listed in the FOR
                FURTHER INFORMATION CONTACT section to coordinate protest activities so
                that your message can be received without jeopardizing the safety or
                security of people, places or vessels.
                List of Subjects in 33 CFR Part 100
                 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.
                [[Page 15093]]
                0
                2. Add Sec. 100.T11-084 to read as follows:
                Sec. 100.T11-084 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 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]48'26.9'' 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 in this section.
                 (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) of this section. The
                position of these markers will be specified via Broadcast Notice to
                Mariner 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. 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 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 regulations in paragraphs (c)(1)
                through (5) of this section apply between noon 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 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 in Zone ``D'' shall maintain headway and shall not
                loiter or anchor within the confines of Zone ``D.'' Vessels in Zone
                ``D'' must 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 section will be enforced for the
                official practices and race events from noon 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 the
                zones in paragraphs (b)(2) through (5) of this section will be enforced
                via Broadcast Notice to Mariners and in writing via the Coast Guard
                Boating Public Safety Notice.
                 Dated: March 11, 2022.
                Taylor Q. Lam,
                Captain, U.S. Coast Guard, Captain of the Port San Francisco.
                [FR Doc. 2022-05621 Filed 3-16-22; 8:45 am]
                BILLING CODE 9110-04-P
                

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