Special Local Regulation; Sail Grand Prix 2019 Race Event; San Francisco, CA, 19715-19718 [2019-09311]

Download as PDF Federal Register / Vol. 84, No. 87 / Monday, May 6, 2019 / Rules and Regulations the consular officer may proceed with the issuance of a nonimmigrant visa to the alien, subject to the conditions, if any, imposed by the Secretary of Homeland Security. Carl C. Risch, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2019–09185 Filed 5–3–19; 8:45 am] BILLING CODE 4710–06–P 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. Temporary final rule. AGENCY: The Coast Guard is establishing a temporary special local regulation in the navigable waters of San Francisco Bay in San Francisco, CA in support of the San Francisco Sail Grand Prix 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 temporary special local regulation will temporarily restrict vessel traffic adjacent to the city of San Francisco waterfront in the vicinity of the Golden Gate Bridge and Alcatraz Island and prohibit vessels and persons not participating in the race event from entering the dedicated race area. DATES: This rule is effective from 10:30 a.m. on May 4, 2019 through 3:00 p.m. on May 5, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0010 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 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: jbell on DSK3GLQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:48 May 03, 2019 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 DEPARTMENT OF HOMELAND SECURITY ACTION: I. Table of Abbreviations Jkt 247001 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 February 2019 in five iconic cities throughout the world, traveling to San Francisco Bay in May 2019. In San Francisco, they proposed to take advantage of the natural amphitheater that the central bay and city waterfront provide. In response, on March 18, 2019, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ‘‘Special Local Regulation; Sail Grand Prix 2019 Race Event; San Francisco, CA’’ (84 FR 9727). There we stated why we issued the NPRM and invited comments on our proposed regulatory action related to this sailing event. During the comment period that ended on April 17, 2019, we received one comment. Based off lessons learned during the multi-agency planning process, we are implementing an additional zone to the Special Local Regulation, Zone ‘‘D’’. Zone ‘‘D’’ will be a no loitering or anchoring area along the San Francisco Waterfront that will allow vessels to transit, allowing for more accessibility to the waterfront areas. Additionally, to accommodate the updated, finalized event agenda, the times were altered to minimize impact to San Francisco Waterfront. Under 5 U.S.C. 533(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. This special local regulation will encompass all navigable waters of the San Francisco Bay, from surface to bottom, within the area formed by connecting the following latitude and longitude points in the following order: 37°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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 19715 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; Zone ‘‘C’’, the Regulated Waterfront Transit Area; and Zone ‘‘D’’ the No Loitering or Anchoring Zone. 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 Broadcast Notice to Mariners at least 3 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 East’’ and Zone ‘‘B1 West’’ 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 Transit 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 other established areas. Vessels will be authorized to transit through this zone with approval from the COTP or designated authority. 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 Transit 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. E:\FR\FM\06MYR1.SGM 06MYR1 19716 Federal Register / Vol. 84, No. 87 / Monday, May 6, 2019 / Rules and Regulations Zone ‘‘D’’ will be the No Loitering or Anchoring Zone. This Zone will allow vessels to transit along the waterfront throughout the duration of the Sail Grand Prix. All vessels shall maintain headway and shall not loiter or anchor within the confines of Zone ‘‘D’’. Mariners can transit Zone ‘‘D’’ freely during the Sail Grand Prix, decreasing the impact to the San Francisco Waterfront Area. These regulations are needed to keep persons and vessels away from the sailing race vessels, which exhibit unpredictable maneuverability and have a demonstrated likelihood during the simulation of racing scenarios for capsizing. The special local regulation will help prevent injuries and property damage that may be caused upon impact by these fast-moving vessels. The provisions of this temporary special local regulation will not apply to anchored vessels, nor will they exempt racing vessels from any federal, state, or local laws or regulations, including Nautical Rules of the Road. The Coast Guard is issuing 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. jbell on DSK3GLQ082PROD with RULES III. Discussion of Comments, Changes and the Rule As noted above, we received 1 respondent written comment on our NPRM published March 18, 2019. The comment recommends establishing the rule for the specific period of time during the race and recommends prohibiting all other vessels on the water. In order to mitigate the risk to safe operation of vessels on the race days, the Coast Guard defined a regulated area for spectator vessels. The Coast Guard aims to facilitate safe viewing of the race competition by establishing and assigning maintenance responsibility of a clearly delineated region for spectators to safely maneuver while viewing the competition. No changes were made to the rule based upon the received comment; however the Coast Guard recognizes the importance of imposing appropriate controls on vessels attempting to gain access to the regulated race area on the days of the race completion. VerDate Sep<11>2014 16:48 May 03, 2019 Jkt 247001 After discussion with other local government agencies and involved sponsor personnel, Zone ‘‘D’’ was added in efforts to reduce the impact to the San Francisco Waterfront and allow mariners to access marines and fuel docks within Zone ‘‘D’’. Additionally, to accommodate the updated, finalized event agenda, the times were altered to minimize impact to San Francisco Waterfront. This rule establishes a special local regulation associated with the Sail Grand Prix 2019 race event from 10:30 a.m. on May 4, 2019 to approximately 3:00 p.m. on May 5, 2019 which will be enforced from 10:30 a.m. to 3:00 p.m. on May 4, 2019, and 10:30 a.m. to 3:00 p.m. on May 5, 2019, or as announced by Broadcast Notice to Mariners. The areas regulated by this special local regulation are east of the Golden Gate Bridge, south of Alcatraz Island, west of Treasure Island, and in the vicinity of the city of San Francisco waterfront. The Coast Guard will establish a primary race area, a spectator area, a waterfront transit area and a no loitering or anchoring area. An image of this regulated area may be found in the docket. The special local regulation covers 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. Zone ‘‘A’’, Zone ‘‘B’’, Zone ‘‘C’’ and Zone ‘‘D’’ are all to be included within the special local regulation. The duration of the establishment of this special local regulation is intended to ensure the safety of vessels in these navigable waters during the scheduled race days. This temporary special local regulation will temporarily restrict vessel traffic adjacent to the city of San Francisco waterfront in the vicinity of the Golden Gate Bridge and Alcatraz Island and prohibit vessels and persons not participating in the race event from entering the dedicated race area. IV. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), 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 or Zone ‘‘D’’. The entities most likely to be affected are commercial vessels and pleasure craft engaged in recreational activities. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received 00 comments from the Small Business Administration on this rulemaking. The Coast Guard E:\FR\FM\06MYR1.SGM 06MYR1 Federal Register / Vol. 84, No. 87 / Monday, May 6, 2019 / Rules and Regulations 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. When the special local regulation is in effect, vessel traffic can pass safely around the regulated area. The maritime public will be advised in advance of this special local regulation via 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 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 rule or any policy or action of the Coast Guard. jbell on DSK3GLQ082PROD with RULES C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please VerDate Sep<11>2014 16:48 May 03, 2019 Jkt 247001 contact the person listed in the FOR section. FURTHER INFORMATION CONTACT E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 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 do not individually or cumulatively have a significant effect on the human environment. This rule involves a special local regulation that will 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 Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. 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. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 19717 Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add § 100.35T11–0291 to read as follows: ■ § 100.35T11–0291 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 Captain of the Port San Francisco (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 COTP, to assist in the enforcement of the special local regulation. (3) Zone ‘‘A’’ means the Official Race Box Area, will be marked by approximately 12 colored visual markers. The position of these markers will be specified via Broadcast Notice to Mariners at least 3 days prior to the event. (4) Zone ‘‘B’’ means the Spectator Area, will include the waters outside of racing Zone ‘‘A’’ and will be defined by latitude and longitude points as per Broadcast 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 designated Waterfront Transit Area. This onedirectional lane will provide vessels the opportunity to pass along the San Francisco waterfront, avoiding E:\FR\FM\06MYR1.SGM 06MYR1 jbell on DSK3GLQ082PROD with RULES 19718 Federal Register / Vol. 84, No. 87 / Monday, May 6, 2019 / Rules and Regulations interference with the other established areas. Vessels will be authorized to transit through this zone with approval from the COTP or designated authority. 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. (6) Zone ‘‘D’’ means the designated No Loitering or Anchoring Area. This Zone will allow vessels to transit along the waterfront throughout the duration of the Sail Grand Prix. All vessels shall maintain headway and shall not loiter or anchor within the area of Zone ‘‘D’’. Zone ‘‘D’’ minimizes the impact to the San Francisco Waterfront Area so mariners have the ability to transit during the times when Zone ‘‘C’’ is not in effect for transiting. (c) Special local regulation. The following regulations apply between 10:30 a.m. and 3:00 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 designated waterfront transit 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 COTP or designated representative. Persons and vessels may request permission to transit Zone ‘‘C’’ on VHF–23A. (5) Vessels operated in Zone ‘‘D’’ must maintain headway and shall not loiter or anchor within the Zone. Vessels in Zone ‘‘D’’ must comply with all directions given to them by the COTP or designated representative. VerDate Sep<11>2014 16:48 May 03, 2019 Jkt 247001 (6) Rafting and anchoring of vessels are prohibited within Zones ‘‘A’’, ‘‘B’’, ‘‘C’’ or ‘‘D’’. (d) Enforcement periods. The special local regulation in paragraph (c) of this section will be enforced for race events on May 4, 2019 and May 5, 2019 from 10:30 a.m. until approximately 3:00 p.m. each day. The zones described in paragraph (b) of this section will be enforced from 10:30 a.m. until 3:00 p.m. on each of May 4, 2019 and May 5, 2019. At least 24 hours in advance of the race event, the Captain of the Port of San Francisco (COTP) will notify the maritime community of periods during which these zones will be enforced via Notice to Mariners and in writing via the Coast Guard Boating Public Safety Notice. Dated: April 29, 2019. Marie B. Byrd, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. 2019–09311 Filed 5–2–19; 4:15 pm] BILLING CODE 9110–04–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 447 [CMS–2413–F] RIN 0938–AT61 Medicaid Program; Reassignment of Medicaid Provider Claims Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule. AGENCY: This final rule removes the regulatory text that allows a state to make Medicaid payments to third parties on behalf of an individual provider for benefits such as health insurance, skills training, and other benefits customary for employees. We have concluded that this provision is neither explicitly nor implicitly authorized by the statute, which identifies the only permissible exceptions to the rule that only a provider may receive Medicaid payments. As we noted in our prior rulemaking, section 1902(a)(32) of the Social Security Act (the Act) provides for a number of exceptions to the direct payment requirement, but it does not authorize the agency to create new exceptions. SUMMARY: These regulations are effective on July 5, 2019. DATES: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: Christopher Thompson, (410) 786–4044. SUPPLEMENTARY INFORMATION: I. Background The Medicaid program was established by the Congress in 1965 to provide health care services for lowincome and disabled beneficiaries. Section 1902(a)(32) of the Social Security Act (the Act) requires direct payment to providers who render services to Medicaid beneficiaries. It states that no payment under the plan for care and services provided to an individual shall be made to anyone other than such individual or the person or institution providing such care or service, under an assignment or power of attorney or otherwise, unless a specified exception is met. We first codified § 447.10 implementing section 1902(a)(32) of the Act in the ‘‘Payment for Services’’ final rule published in the September 29, 1978 Federal Register (43 FR 45253), and we have amended that regulation in the ensuing years. The 1978 final rule incorporated several specific statutory exceptions to the general principle requiring that direct payment be made to the individual provider. The regulations implementing section 1902(a)(32) of the Act have generally tracked the plain statutory language and required direct payments absent a statutory exception. In 2012, we proposed a new regulatory exception in the ‘‘State Plan Home and Community-Based Services, 5-Year Period for Waivers Provider Payment Reassignment, and Setting Requirements for Community First Choice’’ proposed rule published in the May 3, 2012 Federal Register (77 FR 26361, 26406) for ‘‘a class of practitioners for which the Medicaid program is the primary source of service revenue’’ such as home health care providers. We recognized in the proposed rule that section 1902(a)(32) of the Act does not specifically provide for additional exceptions to the direct payment requirement (77 FR 26364, 26382). In response to the May 3, 2012 proposed rule, we received seven comments, all generally supportive of the proposed regulatory exception. We finalized the regulatory exception in the ‘‘State Plan Home and CommunityBased Services, 5-Year for Waivers Provider Payment Reassignment, and Home and Community-Based Setting Requirements for Community First Choice and Home and CommunityBased Services (HCBS) Waivers’’ final rule published in the January 16, 2014 Federal Register (79 FR 2947, 3001) E:\FR\FM\06MYR1.SGM 06MYR1

Agencies

[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Rules and Regulations]
[Pages 19715-19718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09311]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation in the navigable waters of San Francisco Bay in San 
Francisco, CA in support of the San Francisco Sail Grand Prix 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 temporary special local 
regulation will temporarily restrict vessel traffic adjacent to the 
city of San Francisco waterfront in the vicinity of the Golden Gate 
Bridge and Alcatraz Island and prohibit vessels and persons not 
participating in the race event from entering the dedicated race area.

DATES: This rule is effective from 10:30 a.m. on May 4, 2019 through 
3:00 p.m. on May 5, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0010 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant Emily K. Rowan, U.S. Coast Guard District 11, 
Sector San Francisco, at 415-399-7443, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
COTP Captain of the Port
PATCOM Patrol Commander
U.S.C. United States Code

II. Background, 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 February 2019 in five iconic cities throughout the world, 
traveling to San Francisco Bay in May 2019. In San Francisco, they 
proposed to take advantage of the natural amphitheater that the central 
bay and city waterfront provide.
    In response, on March 18, 2019, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled ``Special Local Regulation; Sail 
Grand Prix 2019 Race Event; San Francisco, CA'' (84 FR 9727). There we 
stated why we issued the NPRM and invited comments on our proposed 
regulatory action related to this sailing event. During the comment 
period that ended on April 17, 2019, we received one comment.
    Based off lessons learned during the multi-agency planning process, 
we are implementing an additional zone to the Special Local Regulation, 
Zone ``D''. Zone ``D'' will be a no loitering or anchoring area along 
the San Francisco Waterfront that will allow vessels to transit, 
allowing for more accessibility to the waterfront areas. Additionally, 
to accommodate the updated, finalized event agenda, the times were 
altered to minimize impact to San Francisco Waterfront.
    Under 5 U.S.C. 533(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register.
    This special local regulation will encompass all navigable waters 
of the San Francisco Bay, from surface to bottom, within the area 
formed by connecting the following latitude and longitude points in the 
following order: 37[deg]48'18'' 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; Zone ``C'', 
the Regulated Waterfront Transit Area; and Zone ``D'' the No Loitering 
or Anchoring Zone.
    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 Broadcast Notice to Mariners at least 3 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 East'' and 
Zone ``B1 West'' 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 Transit 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 other established areas. Vessels will be 
authorized to transit through this zone with approval from the COTP or 
designated authority. 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 Transit 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.

[[Page 19716]]

    Zone ``D'' will be the No Loitering or Anchoring Zone. This Zone 
will allow vessels to transit along the waterfront throughout the 
duration of the Sail Grand Prix. All vessels shall maintain headway and 
shall not loiter or anchor within the confines of Zone ``D''. Mariners 
can transit Zone ``D'' freely during the Sail Grand Prix, decreasing 
the impact to the San Francisco Waterfront Area.
    These regulations are needed to keep persons and vessels away from 
the sailing race vessels, which exhibit unpredictable maneuverability 
and have a demonstrated likelihood during the simulation of racing 
scenarios for capsizing. The special local regulation will help prevent 
injuries and property damage that may be caused upon impact by these 
fast-moving vessels. The provisions of this temporary special local 
regulation will not apply to anchored vessels, nor will they exempt 
racing vessels from any federal, state, or local laws or regulations, 
including Nautical Rules of the Road. The Coast Guard is issuing 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 Comments, Changes and the Rule

    As noted above, we received 1 respondent written comment on our 
NPRM published March 18, 2019. The comment recommends establishing the 
rule for the specific period of time during the race and recommends 
prohibiting all other vessels on the water. In order to mitigate the 
risk to safe operation of vessels on the race days, the Coast Guard 
defined a regulated area for spectator vessels. The Coast Guard aims to 
facilitate safe viewing of the race competition by establishing and 
assigning maintenance responsibility of a clearly delineated region for 
spectators to safely maneuver while viewing the competition.
    No changes were made to the rule based upon the received comment; 
however the Coast Guard recognizes the importance of imposing 
appropriate controls on vessels attempting to gain access to the 
regulated race area on the days of the race completion.
    After discussion with other local government agencies and involved 
sponsor personnel, Zone ``D'' was added in efforts to reduce the impact 
to the San Francisco Waterfront and allow mariners to access marines 
and fuel docks within Zone ``D''. Additionally, to accommodate the 
updated, finalized event agenda, the times were altered to minimize 
impact to San Francisco Waterfront.
    This rule establishes a special local regulation associated with 
the Sail Grand Prix 2019 race event from 10:30 a.m. on May 4, 2019 to 
approximately 3:00 p.m. on May 5, 2019 which will be enforced from 
10:30 a.m. to 3:00 p.m. on May 4, 2019, and 10:30 a.m. to 3:00 p.m. on 
May 5, 2019, or as announced by Broadcast Notice to Mariners. The areas 
regulated by this special local regulation are east of the Golden Gate 
Bridge, south of Alcatraz Island, west of Treasure Island, and in the 
vicinity of the city of San Francisco waterfront. The Coast Guard will 
establish a primary race area, a spectator area, a waterfront transit 
area and a no loitering or anchoring area. An image of this regulated 
area may be found in the docket. The special local regulation covers 
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. Zone ``A'', Zone ``B'', Zone ``C'' and Zone ``D'' are all to 
be included within the special local regulation.
    The duration of the establishment of this special local regulation 
is intended to ensure the safety of vessels in these navigable waters 
during the scheduled race days. This temporary special local regulation 
will temporarily restrict vessel traffic adjacent to the city of San 
Francisco waterfront in the vicinity of the Golden Gate Bridge and 
Alcatraz Island and prohibit vessels and persons not participating in 
the race event from entering the dedicated race area.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), 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 or Zone ``D''. The 
entities most likely to be affected are commercial vessels and pleasure 
craft engaged in recreational activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received 00 comments from the Small Business 
Administration on this rulemaking. The Coast Guard

[[Page 19717]]

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.
    When the special local regulation is in effect, vessel traffic can 
pass safely around the regulated area. The maritime public will be 
advised in advance of this special local regulation via 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 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 rule or any policy or action of the 
Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it will not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 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 do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a special local regulation that will 
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 Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T11-0291 to read as follows:


Sec.  100.35T11-0291  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 Captain of the Port San Francisco (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 COTP, 
to assist in the enforcement of the special local regulation.
    (3) Zone ``A'' means the Official Race Box Area, will be marked by 
approximately 12 colored visual markers. The position of these markers 
will be specified via Broadcast Notice to Mariners at least 3 days 
prior to the event.
    (4) Zone ``B'' means the Spectator Area, will include the waters 
outside of racing Zone ``A'' and will be defined by latitude and 
longitude points as per Broadcast 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 designated Waterfront Transit Area. This 
one-directional lane will provide vessels the opportunity to pass along 
the San Francisco waterfront, avoiding

[[Page 19718]]

interference with the other established areas. Vessels will be 
authorized to transit through this zone with approval from the COTP or 
designated authority. 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.
    (6) Zone ``D'' means the designated No Loitering or Anchoring Area. 
This Zone will allow vessels to transit along the waterfront throughout 
the duration of the Sail Grand Prix. All vessels shall maintain headway 
and shall not loiter or anchor within the area of Zone ``D''. Zone 
``D'' minimizes the impact to the San Francisco Waterfront Area so 
mariners have the ability to transit during the times when Zone ``C'' 
is not in effect for transiting.
    (c) Special local regulation. The following regulations apply 
between 10:30 a.m. and 3:00 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 designated waterfront transit 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 COTP or designated 
representative. Persons and vessels may request permission to transit 
Zone ``C'' on VHF-23A.
    (5) Vessels operated in Zone ``D'' must maintain headway and shall 
not loiter or anchor within the Zone. Vessels in Zone ``D'' must comply 
with all directions given to them by the COTP or designated 
representative.
    (6) Rafting and anchoring of vessels are prohibited within Zones 
``A'', ``B'', ``C'' or ``D''.
    (d) Enforcement periods. The special local regulation in paragraph 
(c) of this section will be enforced for race events on May 4, 2019 and 
May 5, 2019 from 10:30 a.m. until approximately 3:00 p.m. each day. The 
zones described in paragraph (b) of this section will be enforced from 
10:30 a.m. until 3:00 p.m. on each of May 4, 2019 and May 5, 2019. At 
least 24 hours in advance of the race event, the Captain of the Port of 
San Francisco (COTP) will notify the maritime community of periods 
during which these zones will be enforced via Notice to Mariners and in 
writing via the Coast Guard Boating Public Safety Notice.

    Dated: April 29, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-09311 Filed 5-2-19; 4:15 pm]
 BILLING CODE 9110-04-P