Special Local Regulation: Sail Grand Prix 2019 Race Event, San Francisco, CA, 9727-9731 [2019-04932]
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Federal Register / Vol. 84, No. 52 / Monday, March 18, 2019 / Proposed Rules
Maryland-National Capital Region or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the COTP to act on his behalf.
Coast Guard Patrol Commander
(PATCOM) means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Maryland-National Capital Region.
Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participants means all persons and
vessels registered with the event
sponsor as participating in the Thunder
on the Choptank or otherwise
designated by the event sponsor as
having a function tied to the event.
Spectators means all persons and
vessels not registered with the event
sponsor as participants or assigned as
official patrols.
(b) Locations. All coordinates
reference Datum NAD 1983.
(1) Regulated area. All navigable
waters within Hambrooks Bay and
Choptank River west and south of a line
commencing at the shoreline, at latitude
38°35′00″ N longitude 076°04′43″ W,
thence east to latitude 38°35′00″ N
longitude 076°04′23.7″ W, thence north
to latitude 38°35′22.7″ N, longitude
076°04′23.7″ W, thence northwest to
latitude 38°35′42.2″ N, longitude
076°04′51.1″ W at Hambrooks Bar Light
LLNR 24995, thence southwest to
latitude 38°35′34.2″ N, longitude
076°05′12.3″ W, terminating at the
Hambrooks Bay breakwall as it
intersects the shoreline. The following
locations are within the regulated area:
(2) Race Area. Located within the
waters of Hambrooks Bay and Choptank
River, between Hambrooks Bar and
Great Marsh Point, MD.
(3) Buffer Zone. All waters within
Hambrooks Bay and Choptank River
(with the exception of the Race Area
designated by the marine event sponsor)
bound to the north by the breakwall and
continuing along a line drawn from the
east end of breakwall located at latitude
38°35′27.6″ N, longitude 076°04′50.1″
W, thence southeast to latitude
38°35′17.7″ N longitude 076°04′29″ W,
thence south to latitude 38°35′01″ N
longitude 076°04′29″ W, thence west to
the shoreline at latitude 38°35′01″ N,
longitude 076°04′41.3″ W.
(4) Spectator Area. All waters of the
Choptank River, eastward and outside of
Hambrooks Bay breakwall, thence
bound by line that commences at
latitude 38°35′27.6″ N, longitude
076°04′50.1″ W, thence southeast to
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latitude 38°35′21.3″ N, longitude
076°04′37.2″ W, thence southeast to
latitude 38°35′21.3″ N longitude
076°04′37.2″ W, thence northeast to
latitude 38°35′27.8″ N longitude
076°04′30.5″ W, thence northwest to
latitude 38°35′42.2″ N longitude
076°04′51.1″ W at Hambrooks Bar Light
LLNR 24995, thence south to and
terminating at the point of origin.
(c) Special local regulations: (1) The
COTP Maryland-National Capital
Region or PATCOM may forbid and
control the movement of all vessels and
persons, including event participants, in
the regulated area. When hailed or
signaled by an official patrol, a vessel or
person in the regulated area shall
immediately comply with the directions
given by the patrol. Failure to do so may
result in the Coast Guard expelling the
person or vessel from the area, issuing
a citation for failure to comply, or both.
The COTP Maryland-National Capital
Region or PATCOM may terminate the
event, or a participant’s operations at
any time the COTP Maryland-National
Capital Region or PATCOM believes it
necessary to do so for the protection of
life or property.
(2) Except for participants and vessels
already at berth, a person or vessel
within the regulated area at the start of
enforcement of this section must
immediately depart the regulated area.
(3) A spectator must contact the
PATCOM to request permission to
either enter or pass through the
regulated area. The PATCOM, and
official patrol vessels enforcing this
regulated area, can be contacted on
marine band radio VHF–FM channel 16
(156.8 MHz) and channel 22A (157.1
MHz). If permission is granted, the
spectator may enter the designated
Spectator Area or must pass directly
through the regulated area as instructed
by PATCOM. A vessel within the
regulated area must operate at safe
speed that minimizes wake. A spectator
vessel must not loiter within the
navigable channel while within the
regulated area.
(4) A person or vessel that desires to
transit, moor, or anchor within the
regulated area must first obtain
authorization from the COTP MarylandNational Capital Region or PATCOM. A
person or vessel seeking such
permission can contact the COTP
Maryland-National Capital Region at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz) or the PATCOM on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz).
(5) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
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9727
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
regulated area by other Federal, State,
and local agencies.
(e) Enforcement periods. This section
will be enforced from 9:30 a.m. to 6:30
p.m. on July 27, 2019, and, from 9:30
a.m. to 6:30 p.m. on July 28, 2019.
Dated: March 12, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–04954 Filed 3–15–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2019–0010]
RIN 1625–AA08
Special Local Regulation: Sail Grand
Prix 2019 Race Event, San Francisco,
CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes 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 2019 race periods on May 4,
2019 and May 5, 2019. This special
local regulation is necessary to ensure
the safety of mariners transiting the area
from the dangers associated with highspeed sailing activities associated with
the Sail Grand Prix 2019 race event.
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. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 17, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0010 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
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SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Emily K. Rowan, U.S. Coast Guard
District 11, Sector San Francisco, at
415–399–7443, SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 October 12, 2018, the LeadDog
Marketing Corporation notified the
Coast Guard of an intention to conduct
the ‘‘Sail Grand Prix 2019’’ in San
Francisco Bay. Sail Grand Prix is a
sailing league featuring world-class
sailors racing 50-foot foiling catamarans.
The inaugural season started in
February 2019 in five iconic cities
throughout the world, traveling to San
Francisco Bay in May 2019. In San
Francisco, they propose to take
advantage of the natural amphitheater
that the central bay and city waterfront
provide.
LeadDog Marketing Corporation has
applied for a Marine Event Permit to
hold the Sail Grand Prix 2019 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 2019 race
event could impact such activities. The
Coast Guard participated in both a
navigation work group and monthly
public meeting of the local Harbor
Safety Committee (HSC) to meet with
stakeholders to obtain information and
gather feedback on notional approaches
to enacting regulation in connection
with the Sail Grand Prix.
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The proposed special local regulation
would encompass all navigable waters
of the San Francisco Bay, from surface
to bottom, within the area formed by
connecting the following latitude and
longitude points in the following order:
37°48′18″ N, 122°27′44″ W; thence to
37°48′30″ N, 122°27′56″ W; thence to
37°49′14″ N, 122°27′59″ W; thence to
37°49′30″ N, 122°25′36″ W; thence to
37°49′10″ N, 122°25′10″ W; thence to
37°48′45″ N, 122°25′10″ W; thence to
37°48′42″ N, 122°25′13″ W and thence
along the shore to the point of
beginning. Located within this footprint,
there will be three separate regulated
areas: Zone ‘‘A’’, the Official Race Box
Area; Zone ‘‘B’’, the Spectator Area; and
Zone ‘‘C’’, the Waterfront Passage Area.
Zone ‘‘A’’, the Official Race Box Area,
will be marked by approximately 12
colored visual markers. The position of
these markers will be specified via Local
Notice to Mariners at least 2 weeks prior
to the event and via Broadcast Notice to
Mariners at least 7 days prior to the
event. Because of the hazards posed by
the sailing competition, Zone ‘‘A’’ is
necessary to provide protection from the
operation of the high-speed sailing
vessels within this area.
Zone ‘‘B’’, the Spectator Area, will
include specified parts of the waters
immediately adjacent to racing Zone
‘‘A’’ and will be defined by latitude and
longitude points as per Broadcast Notice
to Mariners. Zone ‘‘B’’ will be further
divided into three additional sub-areas:
Zone ‘‘B1 East’’, Zone ‘‘B1 West’’, and
Zone ‘‘B2’’. Zone ‘‘B1’’ will be the
general spectator zone that is open to all
vessel spectators. Zone ‘‘B2’’ will be a
separate designated spectator area
marked by approximately four colored
buoys that will be managed by marine
event sponsor officials. The designation
of Zone ‘‘B’’, to include Zone ‘‘B1 East’’,
Zone ‘‘B1 West’’, and Zone ‘‘B2’’, will
allow spectators to observe the Sail
Grand Prix 2019 race event in a
regulated area at a safe distance from the
sailing race occurring in Zone ‘‘A’’.
Zone ‘‘C’’ will be the designated
Waterfront Passage Area along the city
of San Francisco waterfront marked by
buoys on one side and the shoreline on
the other. This one-directional lane will
provide vessels the opportunity to pass
along the San Francisco waterfront,
avoiding interference with the
established areas. Vessels will be
authorized to transit through this zone
with approval from the COTP or
designated representative. Zone ‘‘C’’ is
essential to provide vessels the
opportunity to transit along the city of
San Francisco waterfront while
maintaining the integrity of the
regulated areas for the race event. Due
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to the dynamic nature of the Sail Grand
Prix 2019, there is a need for a
Waterfront Passage Area so mariners
along the waterfront can transit the
impacted waterways at designated
times. This Zone ‘‘C’’ is necessary for
the protection of waterway users and
participants in the sailing race event
while minimizing the impact to the city
of San Francisco maritime community.
These regulations are needed to keep
persons and vessels away from the
sailing race vessels, which exhibit
unpredictable maneuverability and have
a demonstrated likelihood for capsizing
based on the simulation of racing
scenarios. The proposed special local
regulation would help prevent injuries
and property damage that may be
caused upon impact by these fastmoving vessels. The provisions of this
temporary special local regulation
would not apply to anchored vessels,
nor would they 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 33 U.S.C.
1231.
Under 33 CFR 100.35, the Coast
Guard District Commander has
authority to promulgate certain special
local regulations deemed necessary to
ensure the safety of life on the navigable
waters immediately before, during, and
immediately after an approved regatta.
Pursuant to 33 CFR 1.05–1(i), the
Commander of Coast Guard District 11
has delegated to the COTP San
Francisco the responsibility of issuing
such regulations.
III. Discussion of Proposed Rule
The COTP proposes to establish a
special local regulation associated with
the Sail Grand Prix 2019 race event from
8:00 a.m. to 2:00 p.m. on May 4, 2019,
and 8:00 a.m. to 2:00 p.m. on May 5,
2019. 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: 37°48′18″ N, 122°27′44″
W; thence to 37°48′30″ N, 122°27′56″ W;
thence to 37°49′14″ N, 122°27′59″ W
thence to 37°49′30″ N, 122°25′36″ W;
thence to 37°49′10″ N, 122°25′10″ W;
thence to 37°48′45″ N, 122°25′10″ W;
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thence to 37°48′42″ N, 122°25′13″ W
and thence along the shore to the point
of beginning. Zone ‘‘A’’, Zone ‘‘B’’ and
Zone ‘‘C’’ are all to be included within
the proposed special local regulation.
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 race days. 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 established race area. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the special local regulation.
With this special local regulation, the
Coast Guard intends to maintain
commercial access to the ports through
an alternate vessel traffic management
scheme. The special local regulation is
limited in duration, and is limited to a
narrowly tailored geographic area with
designated and adequate space for
transiting vessels to pass when
permitted by the COTP or a designated
representative. In addition, although
this rule restricts access to the waters
encompassed by the special local
regulation, the effect of this rule will not
be significant because the local
waterway users will be notified in
advance via public Broadcast Notice to
Mariners to ensure the special local
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regulation will result in minimum
impact. Therefore mariners will be able
to plan ahead and transit outside of the
periods of enforcement of the special
local regulation, and if they choose not
to do so, they will be able to transit the
city of San Francisco Waterfront via
Zone ‘‘C’’ 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 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 rule may affect owners and
operators of commercial vessels and
pleasure craft engaged in recreational
activities and sightseeing. 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. This special local regulation
would be subject to enforcement for a
limited duration. When the special local
regulation is in effect, vessel traffic
could 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 rule 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 rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule 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
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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. 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 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 contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Commandant Instruction M16475.1D,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
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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 023–01–
001–01, Rev. 01. A preliminary Record
of Environmental Consideration
supporting this determination is
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
proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
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you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 100
The subjects assigned to the Part are:
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for Part 100
continues to read as follows:
■
Authority 33 U.S.C. 1233; 33 CFR 1.05–1.
2. Add § 100.35.T11–968 to read as
follows:
■
§ 100.35T11–968 Special Local Regulation;
Sail Grand Prix 2019 Race Event, San
Francisco, CA
(a) Location. The following area is a
temporary special local regulation: all
navigable waters of the San Francisco
Bay, from surface to bottom,
encompassed by a line connecting the
following points, beginning at:
37°48′18″ N, 122°27′44″ W; thence to
37°48′30″ N, 122°27′56″ W; thence to
37°49′14″ N, 122°27′59″ W; thence to
37°49′30″ N, 122°25′36″ W; thence to
37°49′10″ N, 122°25′10″ W; thence to
37°48′45″ N, 122°25′10″ W; thence to
37°48′42″ N, 122°25′13″ W and thence
along the shore 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 COTP in the enforcement
of the special local regulation.
(2) ‘‘Patrol Commander’’ or
‘‘PATCOM’’ means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer,
or a Federal, State, or local officer
designated by the Captain of the Port
San Francisco (COTP), to assist in the
enforcement of the special local
regulation.
(3) Zone ‘‘A’’ means the Official Race
Box Area, which is marked by
approximately 12 colored visual
markers within the special local
regulation area designated in paragraph
(a). The position of these markers will
be specified via Local Notice to
Mariners at least 2 weeks prior to the
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event and Broadcast Notice to Mariners
at least 7 days prior to the event.
(4) Zone ‘‘B’’ means the Spectator
Area, which is within the special local
regulation area designated in paragraph
(a) and outside of Zone A, the Official
Race Box Area, Zone B is defined by
latitude and longitude points as per
Broadcast Notice to Mariners and Local
Notice to Mariners. Zone ‘‘B’’ is be
further divided into three additional
sub-areas: Zone ‘‘B1 East’’, Zone ‘‘B1
West’’, and Zone ‘‘B2’’. Zone ‘‘B1 East’’
and Zone ‘‘B1 West’’ mean the general
spectator zone that is open to all vessel
spectators. Zone ‘‘B2’’ means the
separate designated spectator area
marked by approximately four colored
buoys that will be managed by marine
event sponsor officials.
(5) Zone ‘‘C’’ means the Waterfront
Passage Area. Zone C is within the
special local regulation but not within
Zone A or Zone B. This one-directional
lane provides vessels the opportunity to
pass along the San Francisco waterfront,
avoiding interference with other
established areas. Vessels will be
authorized to transit through this zone
with approval from the COTP or
designated representative.
(c) Special Local Regulation. The
following regulations apply between
8:00 a.m. and 2 p.m. on the race event
days.
(1) Only support and race vessels may
be authorized by the COTP or
designated representative to enter Zone
‘‘A’’ during the race event. Vessel
operators desiring to enter or operate
within Zone ‘‘A’’ 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 ‘‘B’’
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 ‘‘B’’
must operate at safe speeds which will
create minimal wake.
(4) Vessel operators desiring to enter
or operate within Zone ‘‘C’’, the
Waterfront Passage Area, must contact
the COTP or a designated representative
to obtain permission to do so. Vessel
operators given permission to enter or
operate in Zone ‘‘C’’ must comply with
all directions given to them by the
E:\FR\FM\18MRP1.SGM
18MRP1
Federal Register / Vol. 84, No. 52 / Monday, March 18, 2019 / Proposed Rules
COTP or designated representative.
Persons and vessels may request
permission to transit Zone ‘‘C’’ on VHF–
23A.
(5) Rafting and anchoring of vessels
are prohibited within Zones ‘‘A’’, ‘‘B’’,
or ‘‘C’’.
(d) Enforcement periods. The special
local regulation will be enforced for race
events on 4 May 2019 and 5 May 2019
from 8:00 a.m. until approximately 2:00
p.m. each day. At least 24 hours in
advance of the race event, the COTP
will notify the maritime community of
periods during which these zones will
be enforced via Notice to Mariners and
via the Coast Guard Boating Public
Safety Notice.
Dated: February 28, 2019.
Anthony J. Ceraolom,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2019–04932 Filed 3–15–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0137]
RIN 1625–AA08
Special Local Regulation; Breton Bay,
McIntosh Run, Leonardtown, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish special local regulations for
certain waters of Breton Bay and
McIntosh Run. This action is necessary
to provide for the safety of life on these
navigable waters located at
Leonardtown, MD, during a high-speed
power boat demonstration event on
October 5, 2019, and October 6, 2019.
This proposed rulemaking would
prohibit persons and vessels from being
in the regulated area unless authorized
by the Captain of the Port Maryland–
National Capital Region or Coast Guard
Patrol Commander. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 17, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0137 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
VerDate Sep<11>2014
16:18 Mar 15, 2019
Jkt 247001
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email Mr. Ron
Houck, U.S. Coast Guard Sector
Maryland—National Capital Region;
telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Southern Maryland Boat Club of
Leonardtown, MD, has notified the
Coast Guard that it will be conducting
the Southern Maryland Boat Club Bash
on the Bay from 9 a.m. to 5 p.m. on
October 5, 2019, and from 9 a.m. to 5
p.m. on October 6, 2019. The high-speed
power boat event consists of
approximately 50 participating Vintage
& Historic race boats, including
runabouts, v-bottoms, tunnel hulls and
hydroplanes, 12 to 21 feet in length,
participating in an exhibition with boats
operating in heats along a marked
racetrack-type course one mile in length
and 150 feet in width, located in Breton
Bay and McIntosh Run at Leonardtown,
MD. The regatta is not a competition,
but rather a demonstration of the
vintage race craft. Hazards from the
high-speed power boat demonstration
event include participants operating
within and adjacent to designated
navigation channels and interfering
with vessels intending to operate within
those channels, as well as operating
within approaches to local public boat
landings. The Captain of the Port
(COTP) Maryland—National Capital
Region has determined that potential
hazards associated with the high-speed
power boat event would be a safety
concern for anyone intending to operate
within certain waters of Breton Bay and
McIntosh Run at Leonardtown, MD,
operating in or near the event area.
The purpose of this rulemaking is to
protect event participants, spectators
and transiting vessels on certain waters
of Breton Bay and McIntosh Run before,
during, and after the scheduled event.
The Coast Guard proposes this
rulemaking under authority in 46 U.S.C.
70041, which authorizes the Coast
Guard to establish and define special
local regulations.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
9731
III. Discussion of Proposed Rule
The COTP Maryland–National Capital
Region proposes to establish special
local regulations to be enforced from 8
a.m. to 6 p.m. on October 5, 2019, and
from 8 a.m. to 6 p.m. on October 6,
2019. The regulated area would cover
all navigable waters of Breton Bay and
McIntosh Run, immediately adjacent to
Leonardtown, MD shoreline, from
shoreline to shoreline, within an area
bounded to the east by a line drawn
along latitude 38°16′43″ N and bounded
to the west by a line drawn along
longitude 076°38′30″ W, located at
Leonardtown, MD.
This proposed rule provides
additional information about areas
within the regulated area, their
definitions, and the restrictions that
would apply. These areas include a
‘‘Course Area’’, ‘‘Buffer Zone’’, ‘‘Milling
Area’’ and ‘‘Spectator Area’’. They lie
within an area bounded to the east by
a line drawn along latitude 38°16′43″ N
and bounded to the west by a line
drawn along longitude 076°38′30″ W,
located in Breton Bay and McIntosh
Run, at Leonardtown, MD.
The proposed duration of the special
local regulations and size of the
regulated area are intended to ensure
the safety of life on these navigable
waters before, during, and after the
high-speed power boat event, scheduled
from 9 a.m. until 5 p.m. on October 5,
2019, and October 6, 2019. The COTP
and PATCOM would have authority to
forbid and control the movement of all
vessels and persons, including event
participants, in the regulated area.
When hailed or signaled by an official
patrol, a vessel or person in the
regulated area would be required to
immediately comply with the directions
given by the COTP or Coast Guard
Patrol Commander (PATCOM). If a
person or vessel fails to follow such
directions, the Coast Guard may expel
them from the area, issue them a
citation for failure to comply, or both.
Official Patrols are any vessel assigned
or approved by the Commander, Coast
Guard Sector Maryland–National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Except for Southern Maryland Boat
Club Bash on the Bay participants and
vessels already at berth, a vessel or
person would be required to get
permission from the COTP or PATCOM
before entering the regulated area.
Vessel operators can request permission
to enter and transit through the
regulated area by contacting the
PATCOM on VHF–FM channel 16.
Vessel traffic would be able to safely
E:\FR\FM\18MRP1.SGM
18MRP1
Agencies
[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Proposed Rules]
[Pages 9727-9731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04932]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2019-0010]
RIN 1625-AA08
Special Local Regulation: Sail Grand Prix 2019 Race Event, San
Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes 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 2019 race
periods on May 4, 2019 and May 5, 2019. This special local regulation
is necessary to ensure the safety of mariners transiting the area from
the dangers associated with high-speed sailing activities associated
with the Sail Grand Prix 2019 race event. 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. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 17, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0010 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the
[[Page 9728]]
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 Emily K. Rowan, U.S.
Coast Guard District 11, Sector San Francisco, at 415-399-7443,
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
Sec. Section
COTP Captain of the Port
PATCOM Patrol Commander
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On October 12, 2018, the LeadDog Marketing Corporation notified the
Coast Guard of an intention to conduct the ``Sail Grand Prix 2019'' in
San Francisco Bay. Sail Grand Prix is a sailing league featuring world-
class sailors racing 50-foot foiling catamarans. The inaugural season
started in February 2019 in five iconic cities throughout the world,
traveling to San Francisco Bay in May 2019. In San Francisco, they
propose to take advantage of the natural amphitheater that the central
bay and city waterfront provide.
LeadDog Marketing Corporation has applied for a Marine Event Permit
to hold the Sail Grand Prix 2019 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 2019 race event could impact such
activities. The Coast Guard participated in both a navigation work
group and monthly public meeting of the local Harbor Safety Committee
(HSC) to meet with stakeholders to obtain information and gather
feedback on notional approaches to enacting regulation in connection
with the Sail Grand Prix.
The proposed special local regulation would encompass all navigable
waters of the San Francisco Bay, from surface to bottom, within the
area formed by connecting the following latitude and longitude points
in the following order: 37[deg]48'18'' N, 122[deg]27'44'' W; thence to
37[deg]48'30'' N, 122[deg]27'56'' W; thence to 37[deg]49'14'' N,
122[deg]27'59'' W; thence to 37[deg]49'30'' N, 122[deg]25'36'' W;
thence to 37[deg]49'10'' N, 122[deg]25'10'' W; thence to 37[deg]48'45''
N, 122[deg]25'10'' W; thence to 37[deg]48'42'' N, 122[deg]25'13'' W and
thence along the shore to the point of beginning. Located within this
footprint, there will be three separate regulated areas: Zone ``A'',
the Official Race Box Area; Zone ``B'', the Spectator Area; and Zone
``C'', the Waterfront Passage Area.
Zone ``A'', the Official Race Box Area, will be marked by
approximately 12 colored visual markers. The position of these markers
will be specified via Local Notice to Mariners at least 2 weeks prior
to the event and via Broadcast Notice to Mariners at least 7 days prior
to the event. Because of the hazards posed by the sailing competition,
Zone ``A'' is necessary to provide protection from the operation of the
high-speed sailing vessels within this area.
Zone ``B'', the Spectator Area, will include specified parts of the
waters immediately adjacent to racing Zone ``A'' and will be defined by
latitude and longitude points as per Broadcast Notice to Mariners. Zone
``B'' will be further divided into three additional sub-areas: Zone
``B1 East'', Zone ``B1 West'', and Zone ``B2''. Zone ``B1'' will be the
general spectator zone that is open to all vessel spectators. Zone
``B2'' will be a separate designated spectator area marked by
approximately four colored buoys that will be managed by marine event
sponsor officials. The designation of Zone ``B'', to include Zone ``B1
East'', Zone ``B1 West'', and Zone ``B2'', will allow spectators to
observe the Sail Grand Prix 2019 race event in a regulated area at a
safe distance from the sailing race occurring in Zone ``A''.
Zone ``C'' will be the designated Waterfront Passage Area along the
city of San Francisco waterfront marked by buoys on one side and the
shoreline on the other. This one-directional lane will provide vessels
the opportunity to pass along the San Francisco waterfront, avoiding
interference with the established areas. Vessels will be authorized to
transit through this zone with approval from the COTP or designated
representative. Zone ``C'' is essential to provide vessels the
opportunity to transit along the city of San Francisco waterfront while
maintaining the integrity of the regulated areas for the race event.
Due to the dynamic nature of the Sail Grand Prix 2019, there is a need
for a Waterfront Passage Area so mariners along the waterfront can
transit the impacted waterways at designated times. This Zone ``C'' is
necessary for the protection of waterway users and participants in the
sailing race event while minimizing the impact to the city of San
Francisco maritime community.
These regulations are needed to keep persons and vessels away from
the sailing race vessels, which exhibit unpredictable maneuverability
and have a demonstrated likelihood for capsizing based on the
simulation of racing scenarios. 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 apply to anchored vessels, nor would
they 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 33 U.S.C. 1231.
Under 33 CFR 100.35, the Coast Guard District Commander has
authority to promulgate certain special local regulations deemed
necessary to ensure the safety of life on the navigable waters
immediately before, during, and immediately after an approved regatta.
Pursuant to 33 CFR 1.05-1(i), the Commander of Coast Guard District 11
has delegated to the COTP San Francisco the responsibility of issuing
such regulations.
III. Discussion of Proposed Rule
The COTP proposes to establish a special local regulation
associated with the Sail Grand Prix 2019 race event from 8:00 a.m. to
2:00 p.m. on May 4, 2019, and 8:00 a.m. to 2:00 p.m. on May 5, 2019.
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:
37[deg]48'18'' N, 122[deg]27'44'' W; thence to 37[deg]48'30'' N,
122[deg]27'56'' W; thence to 37[deg]49'14'' N, 122[deg]27'59'' W thence
to 37[deg]49'30'' N, 122[deg]25'36'' W; thence to 37[deg]49'10'' N,
122[deg]25'10'' W; thence to 37[deg]48'45'' N, 122[deg]25'10'' W;
[[Page 9729]]
thence to 37[deg]48'42'' N, 122[deg]25'13'' W and thence along the
shore to the point of beginning. Zone ``A'', Zone ``B'' and Zone ``C''
are all to be included within the proposed special local regulation.
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 race days. 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 established race area. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the special local regulation. With this
special local regulation, the Coast Guard intends to maintain
commercial access to the ports through an alternate vessel traffic
management scheme. The special local regulation is limited in duration,
and is limited to a narrowly tailored geographic area with designated
and adequate space for transiting vessels to pass when permitted by the
COTP or a designated representative. In addition, although this rule
restricts access to the waters encompassed by the special local
regulation, the effect of this rule will not be significant because the
local waterway users will be notified in advance via public 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, and if they choose not to do so, they will be able to
transit the city of San Francisco Waterfront via Zone ``C'' 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 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 rule may affect owners and operators of commercial vessels and
pleasure craft engaged in recreational activities and sightseeing. 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. This special local regulation would be subject
to enforcement for a limited duration. When the special local
regulation is in effect, vessel traffic could 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 rule 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 rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule 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. 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 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 contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that
[[Page 9730]]
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 023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration supporting this determination is 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 proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
The subjects assigned to the Part are: Marine safety, Navigation
(water), Reporting and recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for Part 100 continues to read as follows:
Authority 33 U.S.C. 1233; 33 CFR 1.05-1.
0
2. Add Sec. 100.35.T11-968 to read as follows:
Sec. 100.35T11-968 Special Local Regulation; Sail Grand Prix 2019
Race Event, San Francisco, CA
(a) Location. The following area is a temporary special local
regulation: all navigable waters of the San Francisco Bay, from surface
to bottom, encompassed by a line connecting the following points,
beginning at:
37[deg]48'18'' N, 122[deg]27'44'' W; thence to 37[deg]48'30'' N,
122[deg]27'56'' W; thence to 37[deg]49'14'' N, 122[deg]27'59'' W;
thence to 37[deg]49'30'' N, 122[deg]25'36'' W; thence to 37[deg]49'10''
N, 122[deg]25'10'' W; thence to 37[deg]48'45'' N, 122[deg]25'10'' W;
thence to 37[deg]48'42'' N, 122[deg]25'13'' W and thence along the
shore to the point of beginning.
(b) Definitions. As used in this section,
(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 COTP in the enforcement of the special
local regulation.
(2) ``Patrol Commander'' or ``PATCOM'' means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer, or a Federal, State, or local officer designated by the
Captain of the Port San Francisco (COTP), to assist in the enforcement
of the special local regulation.
(3) Zone ``A'' means the Official Race Box Area, which is marked by
approximately 12 colored visual markers within the special local
regulation area designated in paragraph (a). The position of these
markers will be specified via Local Notice to Mariners at least 2 weeks
prior to the event and Broadcast Notice to Mariners at least 7 days
prior to the event.
(4) Zone ``B'' means the Spectator Area, which is within the
special local regulation area designated in paragraph (a) and outside
of Zone A, the Official Race Box Area, Zone B is defined by latitude
and longitude points as per Broadcast Notice to Mariners and Local
Notice to Mariners. Zone ``B'' is be further divided into three
additional sub-areas: Zone ``B1 East'', Zone ``B1 West'', and Zone
``B2''. Zone ``B1 East'' and Zone ``B1 West'' mean the general
spectator zone that is open to all vessel spectators. Zone ``B2'' means
the separate designated spectator area marked by approximately four
colored buoys that will be managed by marine event sponsor officials.
(5) Zone ``C'' means the Waterfront Passage Area. Zone C is within
the special local regulation but not within Zone A or Zone B. This one-
directional lane provides vessels the opportunity to pass along the San
Francisco waterfront, avoiding interference with other established
areas. Vessels will be authorized to transit through this zone with
approval from the COTP or designated representative.
(c) Special Local Regulation. The following regulations apply
between 8:00 a.m. and 2 p.m. on the race event days.
(1) Only support and race vessels may be authorized by the COTP or
designated representative to enter Zone ``A'' during the race event.
Vessel operators desiring to enter or operate within Zone ``A'' 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 ``B'' 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 ``B'' must operate at safe speeds
which will create minimal wake.
(4) Vessel operators desiring to enter or operate within Zone
``C'', the Waterfront Passage Area, must contact the COTP or a
designated representative to obtain permission to do so. Vessel
operators given permission to enter or operate in Zone ``C'' must
comply with all directions given to them by the
[[Page 9731]]
COTP or designated representative. Persons and vessels may request
permission to transit Zone ``C'' on VHF-23A.
(5) Rafting and anchoring of vessels are prohibited within Zones
``A'', ``B'', or ``C''.
(d) Enforcement periods. The special local regulation will be
enforced for race events on 4 May 2019 and 5 May 2019 from 8:00 a.m.
until approximately 2:00 p.m. each day. At least 24 hours in advance of
the race event, the COTP will notify the maritime community of periods
during which these zones will be enforced via Notice to Mariners and
via the Coast Guard Boating Public Safety Notice.
Dated: February 28, 2019.
Anthony J. Ceraolom,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-04932 Filed 3-15-19; 8:45 am]
BILLING CODE 9110-04-P