DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 100
                [Docket No. USCG20210797]
                RIN 1625AA08
                Special Local Regulation; Sail Grand Prix 2021 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 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 USCG20210797 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.
                    
                
                
                    
                    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 4153993585, 
                        SFWaterways@uscg.mil
                        .
                    
                
            
            
                SUPPLEMENTARY INFORMATION:
                I. Table of Abbreviations
                
                    CFR Code of Federal Regulations
                    DHS Department of Homeland Security
                    FR Federal Register
                    NPRM Notice of proposed rulemaking
                     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 1.051(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: 374824.3 N, 1222753.5 W; thence to 374915.6 N, 1222758.1 W; thence to 374928.9 N, 1222552.1 W; thence to 37497.5 N, 1222513 W; thence to 374842 N, 1222513 W; thence to 374826.9 N, 1222650.5 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 
                    
                    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. 601612, 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. 104121), 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. 35013520).
                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. 15311538) 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 02301, 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. 43214370f), 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 0230100101, Rev. 01. 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.
                
                    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 USCG20210797 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 100SAFETY OF LIFE ON NAVIGABLE WATERS
                
                1. The authority citation for Part 100 continues to read as follows:
                
                    Authority:
                    46 U.S.C. 70041; 33 CFR 1.051.
                
                2. Add  100.35.T11084 to read as follows:
                
                     100.35T11084 
                    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 374824.3 N, 1222753.5 W; thence to 374915.6 N, 1222758.1 W; thence to 374928.9 N, 1222552.1 W; thence to 37497.5 N, 1222513 W; thence to 374842 N, 1222513 W; thence to 374826.9 N, 1222650.5 W and thence to the point of beginning.
                    
                    
                        (b) 
                        Definitions.
                         As used in this section:
                    
                    
                        (1) 
                        Designated representativ
                        e 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: 374824.3 N, 1222753.5 W; thence to 374915.6 N, 1222758.1 W; thence to 374928.9 N, 1222552.1 W; thence to 37497.5 N, 1222513 W; thence to 374842 N, 1222513 W; thence to 374826.9 N, 1222650.5 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 VHF23A.
                    (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 
                        
                        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. 202126416 Filed 121521; 8:45 am]
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