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[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.

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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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