[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11900-11904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03993]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0078]
RIN 1625-AA08
Special Local Regulation; Sail Grand Prix 2020 Race Event; San
Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
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
[[Page 11901]]
Grand Prix 2020 official practice and race periods between April 30,
2020 and May 3, 2020. This special local regulation is necessary to
ensure the safety of mariners transiting the area from the dangers of
high-speed sailing activities associated with the Sail Grand Prix 2020
race event. 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 and practice areas. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before March 30, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0078 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Jennae Cotton, Waterways
Management, U.S. Coast Guard; telephone 415-399-3585, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port San Francisco
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On June 3, 2019, F50 League, LLC notified the Coast Guard of an
intention to conduct the ``Sail Grand Prix 2020'' event in the San
Francisco Bay. F50 League, LLC is a sailing league featuring world-
class sailors racing 50-foot foiling catamarans. The season starts in
February 2020. The event will be held in six iconic cities throughout
the world, traveling to the San Francisco Bay in May 2020. In San
Francisco, they propose to take advantage of the natural amphitheater
that the central bay and city waterfront provide.
F50 League, LLC has applied for a Marine Event Permit to hold the
Sail Grand Prix 2020 race event on the waters of the San Francisco Bay
in San Francisco, 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 practice
and race periods. 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 2020 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 to obtain information and gather
feedback on notional approaches to enacting regulation in connection
with the Sail Grand Prix 2020 race event. Additionally, the Coast Guard
has taken feedback from the Sail Grand Prix 2019 race event into
consideration for the plans associated with the Sail Grand Prix 2020
race event.
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 special local regulation will 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 will 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 the responsibility of issuing such
regulations.
III. Discussion of Proposed Rule
The COTP proposes to establish a special local regulation
associated with the Sail Grand Prix 2020 race event from 11:30 a.m. to
5:30 p.m. on each of April 30, 2020, May 1, 2020, May 2, 2020, and May
3, 2020. 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 proposes to establish an official practice
race area, an official race area, a spectator area, and a no-loitering
area. Images of the four zones and enforcement dates and times of these
proposed regulated areas may be found in the docket.
The proposed special local regulation would 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]48'18'' N, 122[deg]27'44'' W; thence to
37[deg]48'30'' N, 122[deg]27'56'' W; thence to 37[deg]49'18'' N,
122[deg]27'59'' W; thence to 37[deg]49'34'' N, 122[deg]25'36'' W;
thence to 37[deg]49'10'' N, 122[deg]25'10'' W; thence to 37[deg]48'45''
N, 122[deg]25'10'' W; thence to 37[deg]48'42'' N, 122[deg]25'13'' W and
thence along the shore to the point of beginning. Located within this
footprint, there would 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, would 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]48'49'' N, 122[deg]25'45'' W; thence to 37[deg]48'42''
N, 122[deg]27'00'' W; thence to 37[deg]48'51'' N, 122[deg]27'14'' W and
thence to the point of beginning. Only designated Sail Grand Prix 2020
race and support vessels would be permitted to enter Zone ``A''. Zone
``A'' would be used by the race and support vessels during the official
practice period on April 30th, 2020 and May 1st, 2020. Zone ``A'', the
Official Practice Box Area, will be enforced during the official
practices from 11:30 a.m. to 5:30 p.m. on April 30, 2020 and May 1,
2020. 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 2020 race, support, and VIP
vessels would be
[[Page 11902]]
permitted to enter Zone ``B''. 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 include specified parts of the
waters immediately adjacent to racing Zone ``B'' and will be defined by
latitude and longitude points as 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'' would be the general spectator zones that are open to
all vessel spectators. Zone ``C2'' will be a separate designated
spectator area or areas marked by approximately four or more colored
visual markers that will be managed by marine event sponsor officials.
The designation of Zone ``C'', to include Zone ``C1 East'', Zone ``C1
West'', and Zone ``C2'', will allow spectators to observe the Sail
Grand Prix 2020 race event in a regulated area at a safe distance from
the sailing regatta occurring in Zone ``B''.
Zone ``D'' will be the No Spectating or Loitering Area. This zone
will allow vessels to transit in and out of marinas, piers, and vessel
launching locations along the San Francisco waterfront throughout the
duration of the Sail Grand Prix event. Additionally, this zone keeps
vessel traffic moving along the northern boundary of the regulated
area, reducing any impact of recreational vessels on commercial
shipping traffic. 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, decreasing the impact to
the San Francisco waterfront and vessel traffic lanes. All mariners
must obey the direction of the COTP or the COTP's designated
representative while transiting Zone ``D''.
Zones ``B'', ``C'', and ``D'' will be enforced at all times during
the races, from 11:30 a.m. to 5:30 p.m. on May 2, 2020 and May 3, 2020.
The duration of the establishment of the proposed special local
regulation is intended to ensure the safety of vessels in these
navigable waters before, during, and after 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 established 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
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 public 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,
and if they choose not to do so, they will be able to transit around
the northern side of the special local regulation. 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 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. This
special location regulation will not have a significant economic impact
on a substantial number of small entities for the reasons stated in
section IV.A. above. This special local regulation will be subject to
enforcement for a limited duration. 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 Notice to Mariners.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will 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 rule will 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 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
[[Page 11903]]
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 will 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 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 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 a regulated area, divided into four
zones, of limited size and duration that includes areas for vessel
traffic to pass. 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. 01. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating this docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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.T11-018 to read as follows:
Sec. 100.35T11-018 Special Local Regulation; Sail Grand Prix 2020
Race Event, San Francisco, CA
(a) Location. The following area is subject to a temporary special
local regulation: all navigable waters of the San Francisco Bay, from
surface to bottom, encompassed by a line connecting the following
latitude and longitude points in the following order: 37[deg]48'18'' N,
122[deg]27'44'' W; thence to 37[deg]48'30'' N, 122[deg]27'56'' W;
thence to 37[deg]49'18'' N, 122[deg]27'59'' W; thence to 37[deg]49'34''
N, 122[deg]25'36'' W; thence to 37[deg]49'10'' N, 122[deg]25'10'' W;
thence to 37[deg]48'45'' N, 122[deg]25'10'' W; thence to 37[deg]48'42''
N, 122[deg]25'13'' W and thence along the shore to the point of
beginning.
(b) Definitions. As used in this section,
(i) ``Designated representative'' means a Coast Guard Patrol
Commander or ``PATCOM'', 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.
(ii) 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]48'49'' N, 122[deg]25'45'' W; thence to 37[deg]48'42''
N, 122[deg]27'00'' W; thence to 37[deg]48'51'' N, 122[deg]27'14'' W and
thence to the point of beginning.
(iii) 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.
(iv) 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''
[[Page 11904]]
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''.
(v) Zone ``D'' means the No Spectating or Loitering 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 2020 event, decreasing the impact of the special local
regulation to the San Francisco waterfront.
(c) Special Local Regulation. The following regulations apply
between 11:30 a.m. and 5:30 p.m. on the Sail Grand Prix 2020 official
practice and race days.
(i) Only support and race vessels will be authorized by the COTP or
designated representative to enter Zone ``A'' during the official
practice days. 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 ``B''
must contact the COTP or a designated representative to obtain
permission to do so. Persons and vessels may request permission to
transit Zone ``B'' on VHF-23A.
(ii) 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 issued. Failure to comply
with a lawful direction may result in additional operating
restrictions, citation for failure to comply, or both.
(iii) Spectator vessels in Zone ``C'' must operate at safe speeds
which will create minimal wake.
(iv) 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.
(v) Rafting and anchoring of vessels are 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 April 30, 2020
through May 3, 2020 from 11:30 a.m. until 5:30 p.m. each day. At least
24 hours in advance of the first race event, the COTP will notify the
maritime community of periods during which these zones will be enforced
via Notice to Mariners and via the Coast Guard Boating Public Safety
Notice.
Dated: February 19, 2020.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2020-03993 Filed 2-27-20; 8:45 am]
BILLING CODE 9110-04-P