Special Local Regulations; Revision of 2013 America's Cup Regulated Area, San Francisco Bay; San Francisco, CA, 39588-39591 [2013-15809]
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Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations
Privacy Act: Please note that anyone
is able to search the electronic form of
all comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477) or you may visit https://
dms.dot.gov.
Docket: All documents in the dockets
are listed in the https://
www.regulations.gov index. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Docket Management Facility, M–30,
U.S. Department of Transportation,
West Building, Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC. The Docket
Management Facility is open between 9
a.m. and 5 p.m., Eastern Time, Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
program issues: Dr. Mary D. Gunnels,
Associate Administrator, Regional
Operations and Program Delivery,
National Highway Traffic Safety
Administration, Telephone number:
(202) 366–2121; Email:
Maggi.Gunnels@dot.gov. For legal
issues: Ms. Jin Kim, Attorney-Advisor,
Office of the Chief Counsel, National
Highway Traffic Safety Administration,
Telephone number: (202) 366–1834;
Email: Jin.Kim@dot.gov.
SUPPLEMENTARY INFORMATION: On
January 23, 2013 (78 FR 4986), NHTSA
published an interim final rule (IFR) in
the Federal Register that established
new uniform procedures governing the
implementation of State highway safety
grant programs as amended by the
Moving Ahead for Progress in the 21st
Century Act (MAP–21). It also
reorganized and amended existing
requirements to implement the
provisions of MAP–21. In the notice,
NHTSA established a deadline of April
23, 2013 for submission of written
comments and stated that the agency
would publish a notice responding to
any comments received and, if
appropriate, amend provisions of the
regulation.
The notice was issued as an IFR to
provide timely guidance about the
application procedures for national
priority safety program grants in fiscal
year 2013 and all Chapter 4 highway
safety grants beginning in fiscal year
2014. Since the publication of the IFR,
States have submitted their fiscal year
2013 applications (March 25, 2013), and
States are preparing their fiscal year
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2014 applications which are due July 1,
2013. In order to ensure that interested
parties, especially States, have adequate
time to comment on the IFR, NHTSA is
extending the comment period until
September 30, 2013. This extension will
provide States with an additional
opportunity to comment on the IFR
based on their experience submitting
applications for two fiscal years’ grants.
We encourage States and interested
parties to submit any additional
comments that will help the agency
address concerns about the IFR.
Issued in Washington, DC, on: June 25,
2013 under authority delegated in 49 CFR
1.95; 49 CFR 501.8(g).
Brian McLaughlin,
Senior Associate Administrator, Traffic Injury
Control, National Highway Traffic Safety
Administration.
[FR Doc. 2013–15751 Filed 7–1–13; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Commander Aaron
Lubrano, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–3446 or
email at Aaron.C.Lubrano@uscg.mil. If
you have questions on viewing the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SLR Special Local Regulation
ACTION:
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
The Coast Guard is revising
the regulated area for the 2013
America’s Cup sailing events.
Previously, the Coast Guard established
a special local regulation, on July 17,
2012, for sailing regattas scheduled to be
conducted on the waters of San
Francisco Bay adjacent to the City of
San Francisco waterfront in the vicinity
of the Golden Gate Bridge and Alcatraz
Island. The Coast Guard is amending the
rule to modify the eastern boundary of
the Primary Regulated Area. The change
relocates the northeast corner of the
Primary Regulated Area to the east 360
yards and relocates the southeast corner
910 yards to the southwest.
DATES: This rule is effective from July 4,
2013, until September 23, 2013.
Comments and related material must
be received by the Coast Guard on or
before August 1, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2011–0551. To view documents
1. Submitting Comments
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.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
[Docket No. USCG–2011–0551]
RIN 1625–AA08
Special Local Regulations; Revision of
2013 America’s Cup Regulated Area,
San Francisco Bay; San Francisco, CA
Coast Guard, DHS.
Temporary interim rule with
request for comments.
AGENCY:
SUMMARY:
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Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2011–0551) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2011–0551) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
emcdonald on DSK67QTVN1PROD with RULES
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
B. Regulatory History and Information
On July 17, 2012, the Coast Guard
published a temporary final rule
regulating the on-water activities
associated with the ‘‘Louis Vuitton
Cup,’’ ‘‘Red Bull Youth America’s Cup,’’
and ‘‘America’s Cup Finals Match’’
scheduled to occur in July, August, and
September, 2013 (77 FR 41902). That
rule created a special local regulation
(SLR) that established regulated areas on
the water to enhance safety and
maximize access to the affected
waterways. The Coast Guard is revising
the location of the 2013 regulated area
with this interim rule.
The Coast Guard is issuing this
temporary interim rule without prior
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notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule because publishing an NPRM
would be impracticable and contrary to
the public interest.
Recent on-water testing of the AC72
class racing boats has proven that
speeds in excess of forty knots will be
regularly achieved, which is faster than
previous design forecasts.
The Coast Guard will consider all
comments and may incorporate
additional changes to the race area to
further enhance maritime safety.
However, the time required to complete
the full NPRM process does not allow
for comment, publication, and
implementation prior to the first regatta.
The Captain of the Port, San Francisco,
has determined that the race could pose
a risk to public safety and property.
Such hazards include vessel collisions
in a congested area and potential
capsizing of competitor vessels in close
proximity to spectator vessels. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be both impracticable and contrary to
the public interest because it would
inhibit the Coast Guard’s ability to
protect spectators and vessels from the
hazards associated with a large
gathering of sailboats for a race. Based
on these concerns, it is in the public
interest to have the revised regulation in
effect during the entire event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
C. Basis and Purpose
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 or
marine parade. The Commander of
Coast Guard District 11 has delegated to
the Captain of the Port (COTP) San
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39589
Francisco the responsibility of issuing
such regulations.
With this interim rule, the Coast
Guard is revising the Primary Regulated
Area associated with the special local
regulation published for the Louis
Vuitton Cup challenger selection series
and the America’s Cup Finals Match
occurring in 2013. Recent on-water
testing of the AC72 class racing boats
has proven that speeds in excess of forty
knots will be regularly achieved, which
is faster than previous design forecasts.
Modifying the eastern boundary of the
Primary Regulated Area will allow event
organizers to adjust the race course to
better suit the demonstrated speed and
maneuverability of the AC72s, while
optimizing maritime safety for the
spectators, commercial traffic and race
participants, and preserving existing
buffer zones near environmentally
sensitive areas. The reduced size of the
regulated area near the San Francisco
waterfront is expected to help reduce
race-related delays for commuter ferries
as they approach or depart San
Francisco, and enhance the navigation
safety in this area. Due to the changes
to the regulated area the entrance to the
transit zone needed to be adjusted to
align with the eastern boundary. The
‘‘T’’ section of the transit zone was
modified to allow for better access and
to create a consistent safety buffer
during race finishes.
D. Discussion of the Interim Rule
The Coast Guard is modifying the
Primary Regulated Area established in
the special local regulation published
on July 17, 2012 (77 FR 41902)
associated with the Louis Vuitton Cup
challenger selection series and the
America’s Cup Finals Match occurring
in 2013. The revised rule relocates the
northeast corner of the Primary
Regulated Area to the east 360 yards to
37°49′41″ N, 122°24′17″ W, adds one
additional point on the eastern flank at
37°49′10″ N, 122°23′43″ W and relocates
the southeast corner 910 yards to the
southwest to 37°48′24″ N, 122°23′43″ W.
The rule also relocates the entrance to
the transit zone near Blossom Rock
southeast 400 yards to 37°49′17″ N,
122°23′51″ W and 37°49′10″ N,
122°23′43″ W. An image of the revised
Primary Regulated Area for 2013 may
also be found in the docket (USCG–
2011–0551).
All other provisions in the rule
remain the same.
E. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
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based on these statutes and executive
orders.
emcdonald on DSK67QTVN1PROD with RULES
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders.
We do not expect the rule to be
significant because the regulated area
established by the SLR is limited in
duration and is limited to a narrowly
tailored geographic area. In addition,
although this rule restricts access to the
waters encompassed by the regulated
area, the effect of this rule will not be
significant because the local waterway
users will be notified via public
Broadcast Notice to Mariners to ensure
the regulated area will result in
minimum impact. The entities most
likely to be affected are waterfront
facilities, commercial vessels, and
pleasure craft engaged in recreational
activities.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during 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 the following
entities, some of which may be small
entities: Owners and operators of
waterfront facilities, commercial
vessels, and pleasure craft engaged in
recreational activities and sightseeing, if
these facilities or vessels are in the
vicinity of the regulated area at times
when this area is being enforced. This
rule will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: (i) This rule will
encompass only a small portion of the
waterway for a limited period of time,
and (ii) the maritime public will be
advised in advance of the Coast Guard’s
enforcement of the regulated area via
Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
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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 contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
4. Collection of Information
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
6. 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.
7. 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,
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8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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we do discuss the effects of this rule
elsewhere in this preamble.
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action does not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
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Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—REGATTAS AND MARINE
PARADES
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Revise paragraphs (a)(1) and (d)(6)
of § 100.T11–0551B to read as follows:
■
emcdonald on DSK67QTVN1PROD with RULES
§ 100.T11–0551B Special Local
Regulation; 2013 America’s Cup Sailing
Events.
(a) * * *
(1) The following area is the Primary
Regulated Area for the 2013 America’s
Cup sailing events: All waters of San
Francisco Bay bounded by a line
beginning at position 37°48′12″ N,
122°24′04″ W located on the foot of Pier
23, running northeast to position
37°48′24″ N, 122°23′43″ W, running
north to position 37°49′10″ N,
122°23′43″ W, running northwest to
position 37°49′41″ N, 122°24′17″ W
located east of Alcatraz Island, running
west to position 37°49′41″ N, 122°27′35″
W, running southwest to position
37°49′02″ N, 122°28′21″ W, running
south to position 37°48′32″ N,
122°28′21″ W, and running eastward
along the City of San Francisco
shoreline ending at position 37°48′12″
N, 122°24′04″ W located on the foot of
Pier 23. All coordinates are North
American Datum 1983.
*
*
*
*
*
(d) * * *
(6) Transit Zone. Within the Primary
Regulated Area, a transit zone,
approximately 200 yards in width, is
established along the City of San
Francisco waterfront. The transit zone
will begin at the face of Pier 23, run
westward along the pier faces to the
Municipal Pier, and continue westward
to the northern boundary of the area
defined in paragraph (d)(4). This transit
zone is bounded by the following
coordinates: 37°48′40″ N, 122°28′21″ W;
37°48′32″ N, 122°28′00″ W; 37°48′32″ N,
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122°26′24″ W; 37°48′39″ N, 122°25′27″
W; 37°48′43″ N, 122°25′13″ W;
37°48′41″ N, 122°24′30″ W; 37°48′28″ N,
122°24′04″ W; 37°48′17″ N, 122°23′54″
W; 37°48′21″ N, 122°23′49″ W;
37°48′33″ N, 122°24′00″ W; 37°49′00″ N,
122°24′00″ W; 37°49′10″ N, 122°23′43″
W; 37°49′17″ N, 122°23′51″ W;
37°48′48″ N, 122°24′40″ W; 37°48′49″ N,
122°25′16″ W; 37°48′37″ N, 122°26′22″
W; 37°48′37″ N, 122°28′00″ W;
37°48′47″ N, 122°28′21″ W (NAD 83).
This transit zone is for vessels that need
to access pier space or facilities at, or to
transit along, the City of San Francisco
waterfront. It may be marked by buoys
and/or America’s Cup support vessels.
No vessel may anchor, block, loiter in,
or otherwise impede transit in the
transit zone. In the event the eastern
sections of the transit zone are
temporarily closed for vessel safety,
such as races finishes, vessels must
follow the procedures in paragraph
(d)(3) to request access.
*
*
*
*
*
Dated: June 19, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2013–15809 Filed 7–1–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0525]
Drawbridge Operation Regulation;
Lake Washington Ship Canal at
Seattle, WA
AGENCY:
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs three Seattle
Department of Transportation (SDOT)
bridges: The Ballard Bridge, mile 1.1,
the Fremont Bridge, mile 2.6, and the
University Bridge, mile 4.3, all crossing
the Lake Washington Ship Canal at
Seattle, WA. The deviation is necessary
to accommodate heavier than normal
roadway traffic associated with a
fireworks display over Lake Union. This
deviation allows the bridges to remain
in the closed position immediately prior
to until immediately after the fireworks
display.
SUMMARY:
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39591
This deviation is effective from
9 p.m. on July 4, 2013 to 1 a.m. on July
5, 2013.
ADDRESSES: The docket for this
deviation, [USCG–2013–0525] is
available at
https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this deviation. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Lieutenant
Commander Steven Fischer, Thirteenth
District Bridge Specialist, Coast Guard;
telephone 206–220–7277, email
Steven.M.Fischer2@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The SDOT
has requested a temporary deviation
from the operating schedule for the
Ballard Bridge, mile 1.1, the Fremont
Bridge, mile 2.6, and the University
Bridge, mile 4.3, all crossing the Lake
Washington Ship Canal at Seattle, WA.
The requested deviation is to
accommodate heavier than normal
roadway traffic associated with the 4th
of July fireworks display over Lake
Union, Seattle, WA. To facilitate this
event, the draws of the bridges will be
maintained in the closed-to-navigation
positions as follows: the Fremont
Bridge, mile 2.6, need not open for
vessel traffic from 9 p.m. July 4, 2013
until 12:30 a.m. July 5, 2013; the Ballard
Bridge, mile 1.1, and the University
Bridge, mile 4.3, need not open for
vessel traffic from 10 p.m. July 4, 2013
until 1 a.m. July 5, 2013. Vessels which
do not require bridge openings may
continue to transit beneath these bridges
during the closure periods. The Ballard
Bridge, mile 1.1, provides a vertical
clearance of 29 feet in the closed
position, the Fremont Bridge, mile 2.6,
provides a vertical clearance of 14 feet
in the closed position, and the
University Bridge, mile 4.3, provides a
vertical clearance of 30 feet in the
closed position; all clearances are
referenced to the mean water elevation
of Lake Washington. The current
operating schedule for all three bridges
is set out in 33 CFR 117.1051. The
normal operating schedule for all three
bridges state that the bridges need not
DATES:
E:\FR\FM\02JYR1.SGM
02JYR1
]]>Agencies
[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39588-39591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15809]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0551]
RIN 1625-AA08
Special Local Regulations; Revision of 2013 America's Cup
Regulated Area, San Francisco Bay; San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
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SUMMARY: The Coast Guard is revising the regulated area for the 2013
America's Cup sailing events. Previously, the Coast Guard established a
special local regulation, on July 17, 2012, for sailing regattas
scheduled to be conducted on the waters of San Francisco Bay adjacent
to the City of San Francisco waterfront in the vicinity of the Golden
Gate Bridge and Alcatraz Island. The Coast Guard is amending the rule
to modify the eastern boundary of the Primary Regulated Area. The
change relocates the northeast corner of the Primary Regulated Area to
the east 360 yards and relocates the southeast corner 910 yards to the
southwest.
DATES: This rule is effective from July 4, 2013, until September 23,
2013.
Comments and related material must be received by the Coast Guard
on or before August 1, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2011-0551. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Commander Aaron Lubrano, U.S. Coast Guard
Sector San Francisco; telephone (415) 399-3446 or email at
Aaron.C.Lubrano@uscg.mil. If you have questions on viewing the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SLR Special Local Regulation
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
[[Page 39589]]
To submit your comment online, go to https://www.regulations.gov,
type the docket number (USCG-2011-0551) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2011-0551) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
B. Regulatory History and Information
On July 17, 2012, the Coast Guard published a temporary final rule
regulating the on-water activities associated with the ``Louis Vuitton
Cup,'' ``Red Bull Youth America's Cup,'' and ``America's Cup Finals
Match'' scheduled to occur in July, August, and September, 2013 (77 FR
41902). That rule created a special local regulation (SLR) that
established regulated areas on the water to enhance safety and maximize
access to the affected waterways. The Coast Guard is revising the
location of the 2013 regulated area with this interim rule.
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because publishing an NPRM would be impracticable
and contrary to the public interest.
Recent on-water testing of the AC72 class racing boats has proven
that speeds in excess of forty knots will be regularly achieved, which
is faster than previous design forecasts.
The Coast Guard will consider all comments and may incorporate
additional changes to the race area to further enhance maritime safety.
However, the time required to complete the full NPRM process does not
allow for comment, publication, and implementation prior to the first
regatta. The Captain of the Port, San Francisco, has determined that
the race could pose a risk to public safety and property. Such hazards
include vessel collisions in a congested area and potential capsizing
of competitor vessels in close proximity to spectator vessels. Thus,
delaying the effective date of this rule to wait for a comment period
to run would be both impracticable and contrary to the public interest
because it would inhibit the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a large
gathering of sailboats for a race. Based on these concerns, it is in
the public interest to have the revised regulation in effect during the
entire event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
C. Basis and Purpose
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
or marine parade. The Commander of Coast Guard District 11 has
delegated to the Captain of the Port (COTP) San Francisco the
responsibility of issuing such regulations.
With this interim rule, the Coast Guard is revising the Primary
Regulated Area associated with the special local regulation published
for the Louis Vuitton Cup challenger selection series and the America's
Cup Finals Match occurring in 2013. Recent on-water testing of the AC72
class racing boats has proven that speeds in excess of forty knots will
be regularly achieved, which is faster than previous design forecasts.
Modifying the eastern boundary of the Primary Regulated Area will
allow event organizers to adjust the race course to better suit the
demonstrated speed and maneuverability of the AC72s, while optimizing
maritime safety for the spectators, commercial traffic and race
participants, and preserving existing buffer zones near environmentally
sensitive areas. The reduced size of the regulated area near the San
Francisco waterfront is expected to help reduce race-related delays for
commuter ferries as they approach or depart San Francisco, and enhance
the navigation safety in this area. Due to the changes to the regulated
area the entrance to the transit zone needed to be adjusted to align
with the eastern boundary. The ``T'' section of the transit zone was
modified to allow for better access and to create a consistent safety
buffer during race finishes.
D. Discussion of the Interim Rule
The Coast Guard is modifying the Primary Regulated Area established
in the special local regulation published on July 17, 2012 (77 FR
41902) associated with the Louis Vuitton Cup challenger selection
series and the America's Cup Finals Match occurring in 2013. The
revised rule relocates the northeast corner of the Primary Regulated
Area to the east 360 yards to 37[deg]49'41'' N, 122[deg]24'17'' W, adds
one additional point on the eastern flank at 37[deg]49'10'' N,
122[deg]23'43'' W and relocates the southeast corner 910 yards to the
southwest to 37[deg]48'24'' N, 122[deg]23'43'' W. The rule also
relocates the entrance to the transit zone near Blossom Rock southeast
400 yards to 37[deg]49'17'' N, 122[deg]23'51'' W and 37[deg]49'10'' N,
122[deg]23'43'' W. An image of the revised Primary Regulated Area for
2013 may also be found in the docket (USCG-2011-0551).
All other provisions in the rule remain the same.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
[[Page 39590]]
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
We do not expect the rule to be significant because the regulated
area established by the SLR is limited in duration and is limited to a
narrowly tailored geographic area. In addition, although this rule
restricts access to the waters encompassed by the regulated area, the
effect of this rule will not be significant because the local waterway
users will be notified via public Broadcast Notice to Mariners to
ensure the regulated area will result in minimum impact. The entities
most likely to be affected are waterfront facilities, commercial
vessels, and pleasure craft engaged in recreational activities.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during 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 the following entities, some of which
may be small entities: Owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing, if these facilities or vessels are in the
vicinity of the regulated area at times when this area is being
enforced. This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i)
This rule will encompass only a small portion of the waterway for a
limited period of time, and (ii) the maritime public will be advised in
advance of the Coast Guard's enforcement of the regulated area via
Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above. 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.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action does not individually or cumulatively have a significant
effect on the human environment. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
[[Page 39591]]
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Revise paragraphs (a)(1) and (d)(6) of Sec. 100.T11-0551B to read
as follows:
Sec. 100.T11-0551B Special Local Regulation; 2013 America's Cup
Sailing Events.
(a) * * *
(1) The following area is the Primary Regulated Area for the 2013
America's Cup sailing events: All waters of San Francisco Bay bounded
by a line beginning at position 37[deg]48'12'' N, 122[deg]24'04'' W
located on the foot of Pier 23, running northeast to position
37[deg]48'24'' N, 122[deg]23'43'' W, running north to position
37[deg]49'10'' N, 122[deg]23'43'' W, running northwest to position
37[deg]49'41'' N, 122[deg]24'17'' W located east of Alcatraz Island,
running west to position 37[deg]49'41'' N, 122[deg]27'35'' W, running
southwest to position 37[deg]49'02'' N, 122[deg]28'21'' W, running
south to position 37[deg]48'32'' N, 122[deg]28'21'' W, and running
eastward along the City of San Francisco shoreline ending at position
37[deg]48'12'' N, 122[deg]24'04'' W located on the foot of Pier 23. All
coordinates are North American Datum 1983.
* * * * *
(d) * * *
(6) Transit Zone. Within the Primary Regulated Area, a transit
zone, approximately 200 yards in width, is established along the City
of San Francisco waterfront. The transit zone will begin at the face of
Pier 23, run westward along the pier faces to the Municipal Pier, and
continue westward to the northern boundary of the area defined in
paragraph (d)(4). This transit zone is bounded by the following
coordinates: 37[deg]48'40'' N, 122[deg]28'21'' W; 37[deg]48'32'' N,
122[deg]28'00'' W; 37[deg]48'32'' N, 122[deg]26'24'' W; 37[deg]48'39''
N, 122[deg]25'27'' W; 37[deg]48'43'' N, 122[deg]25'13'' W;
37[deg]48'41'' N, 122[deg]24'30'' W; 37[deg]48'28'' N, 122[deg]24'04''
W; 37[deg]48'17'' N, 122[deg]23'54'' W; 37[deg]48'21'' N,
122[deg]23'49'' W; 37[deg]48'33'' N, 122[deg]24'00'' W; 37[deg]49'00''
N, 122[deg]24'00'' W; 37[deg]49'10'' N, 122[deg]23'43'' W;
37[deg]49'17'' N, 122[deg]23'51'' W; 37[deg]48'48'' N, 122[deg]24'40''
W; 37[deg]48'49'' N, 122[deg]25'16'' W; 37[deg]48'37'' N,
122[deg]26'22'' W; 37[deg]48'37'' N, 122[deg]28'00'' W; 37[deg]48'47''
N, 122[deg]28'21'' W (NAD 83). This transit zone is for vessels that
need to access pier space or facilities at, or to transit along, the
City of San Francisco waterfront. It may be marked by buoys and/or
America's Cup support vessels. No vessel may anchor, block, loiter in,
or otherwise impede transit in the transit zone. In the event the
eastern sections of the transit zone are temporarily closed for vessel
safety, such as races finishes, vessels must follow the procedures in
paragraph (d)(3) to request access.
* * * * *
Dated: June 19, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-15809 Filed 7-1-13; 8:45 am]
BILLING CODE 9110-04-P
