Special Local Regulation; Sail Grand Prix 2021 Race Event; San Francisco, CA, 71412-71416 [2021-26416]
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Proposed Rules
Traffic Service route structure using
satellite based navigation Development
of new T-routes and optimization of
existing T-routes will enhance safety,
increase efficiency and access, and will
provide en route continuity that is not
subject to the restrictions associated
with ground based airway navigation.’’
As part of this project, the FAA
evaluated the existing Colored Airway
structure for: (a) Direct replacement (i.e.,
overlay) with a T-route that offers a
similar or lower Minimum En route
Altitude (MEA) or Global Navigation
Satellite System Minimum En route
Altitude (GNSS MEA); (b) the
replacement of the colored airway with
a T-route in an optimized but similar
geographic area, while retaining similar
or lower MEA; or (c) removal with no
route structure (T-route) restored in that
area because the value was determined
to be insignificant.
The aviation industry/users have
indicated a desire for the FAA to
transition the Alaskan en route
navigation structure away from
dependency on Non-Directional
Beacons (NDB), and move to develop
and improve the RNAV route structure.
The FAA proposes to amend RNAV
route T–241 by extending the route from
Level Island, AK (LVD) VHF
Omnidirectional Range/Distance
Measuring Equipment (VOR/DME) to a
newly developed waypoint (WP) ZIDRA
WP. The proposed extension would
provide connectivity to the current T–
266.
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this proposed rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The Proposal
The FAA is proposing an amendment
to 14 CFR part 71 to amend RNAV route
T–241 in the vicinity of Level Island,
AK in support of a large and
comprehensive T-route modernization
project for the state of Alaska. The
proposed route is described below.
T–241: The FAA proposes to amend
T–241 by extending the route from the
Level Island, AK, (LVD) VOR/DME to
the ZIDRA, AK, WP. The rest of the
route would remain unchanged.
United States Area Navigation Routes
are published in paragraph 6011 of FAA
Order JO 7400.11F dated August 10,
2021, and effective September 15, 2021,
which is incorporated by reference in 14
CFR 71.1. The RNAV listed in this
document would be published
subsequently in FAA Order JO 7400.11.
FAA Order JO 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
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Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11F,
Airspace Designations and Reporting
Points, dated August 10, 2021, and
effective September 15, 2021, is
amended as follows:
■
Paragraph 6011 United States Area
Navigation Routes
*
*
*
*
*
T–241 LATCH, AK to ZIDRA, AK
[Amended]
LATCH, AK WP
(Lat. 56°00′45.21″ N, long. 134°35′53.84″
W)
Level Island, AK (LVD) VOR/DME
(Lat. 56°28′03.75″ N, long. 133°04′59.21″
W)
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ZIDRA, AK WP
(Lat. 56°30′41.67″ N, long. 132°28′52.38″
W)
*
*
*
*
*
Issued in Washington, DC, on December 9,
2021.
Margaret C. Flategraff,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2021–27149 Filed 12–15–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2021–0797]
RIN 1625–AA08
Special Local Regulation; Sail Grand
Prix 2021 Race Event; San Francisco,
CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary special local
regulation in the navigable waters of
San Francisco Bay in San Francisco, CA
in support of the San Francisco Sail
Grand Prix 2021 race periods on March
24, 2022 through March 27, 2022. This
special local regulation is necessary to
provide for the safety of life on these
navigable waters and to ensure the
safety of mariners transiting the area
from the dangers associated with highspeed sailing activities associated with
the Sail Grand Prix 2021 race event.
This proposed rulemaking would
temporarily prohibit persons and
vessels from entering into, transiting
through, anchoring, blocking, or
loitering within the event area adjacent
to the city of San Francisco waterfront
near the Golden Gate Bridge and
Alcatraz Island, unless authorized by
the Captain of the Port San Francisco or
a designated representative. We invite
your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before January 18, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0797 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
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If
you have questions about this proposed
rulemaking, call or email Lieutenant
Anthony I. Solares, U.S. Coast Guard
District 11, Sector San Francisco, at
415–399–3585, 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
khammond on DSKJM1Z7X2PROD with PROPOSALS
II. Background, Purpose, and Legal
Basis
On September 9, 2021, the Silverback
Pacific Company notified the Coast
Guard of an intention to conduct the
‘‘Sail Grand Prix 2021’’ in the San
Francisco Bay. Sail Grand Prix (SailGP)
is a sailing league featuring world-class
sailors racing 50-foot foiling catamarans.
The inaugural season started April 2021
in seven iconic cities throughout the
world and is traveling to San Francisco
Bay in March 2022. In San Francisco,
they propose to take advantage of the
natural amphitheater that the central
bay and city waterfront provide.
SailGP has applied for a Marine Event
Permit to hold the Sail Grand Prix 2021
race event on the waters of San
Francisco Bay in California. The Coast
Guard has not approved the Marine
Event Permit and is still evaluating the
application. If the permit is approved,
however, we anticipate that a special
local regulation may be necessary to
ensure public safety during the race. To
provide adequate time for public input,
we are proposing this special local
regulation prior to a decision on the
Marine Event Permit.
Prior to drafting this Notice of
Proposed Rulemaking, the Coast Guard
solicited input from maritime
stakeholders to better understand the
nature of commercial and recreational
activities on the Bay and how the
proposed Sail Grand Prix 2021 race
event could impact such activities. The
Coast Guard participated in both a
navigation work group and monthly
public meeting of the local Harbor
Safety Committee (HSC) to meet with
stakeholders and obtain information and
gather feedback on notional approaches
to enacting regulation in connection
with the Sail Grand Prix.
These regulations are needed to keep
persons and vessels away from the
sailing race vessels, which exhibit
unpredictable maneuverability and have
a demonstrated likelihood during the
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simulation of racing scenarios for
capsizing. The proposed special local
regulation would help prevent injuries
and property damage that may be
caused upon impact by these fastmoving vessels. The provisions of this
temporary special local regulation
would not exempt racing vessels from
any federal, state, or local laws or
regulations, including Nautical Rules of
the Road. The Coast Guard proposes this
rulemaking under authority in 46 U.S.C.
70034 (previously, 33 U.S.C. 1231).
Under 33 CFR 100.35, the Coast
Guard District Commander has
authority to promulgate certain special
local regulations deemed necessary to
ensure the safety of life on the navigable
waters immediately before, during, and
immediately after an approved regatta.
Pursuant to 33 CFR 1.05–1(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 San Francisco proposes to
establish a special local regulation
associated with the Sail Grand Prix 2021
race event from 12 p.m. to 5:30 p.m.
each day from March 24, 2022 through
March 27, 2022. The areas regulated by
this special local regulation would be
east of the Golden Gate Bridge, south of
Alcatraz Island, west of Treasure Island,
and in the vicinity of the city of San
Francisco waterfront. The Coast Guard
proposes to establish a primary race
area, a spectator area, and a waterfront
passage area. An image of these
proposed regulated areas may be found
in the docket. The special local
regulation will cover all navigable
waters of the San Francisco Bay, from
surface to bottom, within the area
formed by connecting the following
latitude and longitude points in the
following order: 37°48′24.3″ N,
122°27′53.5″ W; thence to 37°49′15.6″ N,
122°27′58.1″ W; thence to 37°49′28.9″ N,
122°25′52.1″ W; thence to 37°49′7.5″ N,
122°25′13″ W; thence to 37°48′42″ N,
122°25′13″ W; thence to 37°48′26.9″ N,
122°26′50.5″ W and thence along the
shore to the point of beginning.
Located within this footprint, there
will be four separate regulated areas:
Zone ‘‘A’’, the Official Practice Box
Area; Zone ‘‘B’’, the Official Race Box
Area; Zone ‘‘C’’, the Spectator Area, and
Zone ‘‘D’’, the No Spectating or
Loitering Area.
Zone ‘‘A’’, the Official Practice Box
Area, will be marked by colored visual
markers. The position of these markers
would be specified via Local Notice to
Mariners at least two weeks prior to the
event and via Broadcast Notice to
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Mariners at least seven days prior to the
event. Zone ‘‘A’’ would be used by the
race and support vessels during the
official practice period on March 24,
2022 and March 25, 2022. Zone ‘‘A’’, the
Official Practice Box Area, will be
enforced during the official practices
from 12 p.m. to 5:30 p.m. on March 24,
2022 and from 12 p.m. to 5:30 p.m. on
March 25, 2022. Excluding the public
from entering Zone ‘‘A’’ is necessary to
provide protection from the operation of
the high-speed sailing vessels within
this area.
Zone ‘‘B’’, the Official Race Box Area,
would be marked by 12 or more colored
visual markers. The position of these
markers would be confirmed via
Broadcast Notice to Mariners at least
three days prior to the event. Only
designated Sail Grand Prix 2021 race,
support, and VIP vessels would be
permitted to enter Zone ‘‘B’’. Zone ‘‘B’’,
the Official Race Box Area, will be
enforced during the official practices
from 12 p.m. to 5:30 p.m. on March 26,
2022 and from 12 p.m. to 5:30 p.m. on
March 27, 2022. Because of the hazards
posed by the sailing competition,
excluding non-race vessel traffic from
Zone ‘‘B’’ is necessary to provide
protection from the operation of the
high-speed sailing vessels within this
area.
Zone ‘‘C’’, the Spectator Area, would
be within the special local regulation
area designated in paragraph (a) and
outside of Zone ‘‘B’’, the Official Race
Box Area. Zone ‘‘C’’ will be defined by
latitude and longitude points per
Broadcast Notice to Mariners. Zone ‘‘C’’
will be further divided into three
additional sub-areas: Zone ‘‘C1 East’’,
Zone ‘‘C1 West’’, and Zone ‘‘C2’’. Zone
‘‘C1 East’’ and Zone ‘‘C1 West’’ will be
the general spectator areas that are open
to all vessel spectators. Zone ‘‘C2’’
would be the separately designated
spectator area or areas marked by
approximately four or more colored
buoys that will be managed by marine
event sponsor officials. Vessels would
be prohibited from anchoring within the
confines of Zone ‘‘C.’’
Zone ‘‘D’’ would be the No Loitering
or Anchoring Area. This zone will allow
vessels to transit in and out of marinas,
piers, and vessel launch areas
throughout the duration of the Sail
Grand Prix event. All vessels must
maintain headway and may not loiter or
anchor within the confines of Zone ‘‘D.’’
Mariners can transit Zone ‘‘D’’ during
the Sail Grand Prix 2021 event,
decreasing the impact of the special
local regulation to the San Francisco
waterfront.
The duration of the establishment of
the proposed special local regulation is
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Proposed Rules
intended to ensure the safety of vessels
in these navigable waters during the
scheduled practice and race periods.
This proposed temporary special local
regulation would temporarily restrict
vessel traffic adjacent to the city of San
Francisco waterfront in the vicinity of
the Golden Gate Bridge and Alcatraz
Island and prohibit vessels and persons
not participating in the race event from
entering the dedicated race area. The
regulatory text we are proposing appears
at the end of this document.
khammond on DSKJM1Z7X2PROD with PROPOSALS
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, and
duration of the special local regulation.
With this special local regulation, the
Coast Guard intends to maintain
commercial access to the ports through
an alternate vessel traffic management
scheme. The special local regulation is
limited in duration, and is limited to a
narrowly tailored geographic area with
designated and adequate space for
transiting vessels to pass when
permitted by the COTP or a designated
representative. In addition, although
this rule restricts access to the waters
encompassed by the special local
regulation, the effect of this rulemaking
will not be significant because the local
waterway users will be notified in
advance via public Broadcast Notice to
Mariners to ensure the special local
regulation will result in minimum
impact. Therefore, mariners will be able
to plan ahead and transit outside of the
periods of enforcement of the special
local regulation, or alternatively, they
will be able to transit the city of San
Francisco Waterfront via Zone ‘‘D’’ with
approval from the COTP or designated
representative. The entities most likely
to be affected are commercial vessels
and pleasure craft engaged in
recreational activities.
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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 rulemaking may affect owners
and operators of commercial vessels and
pleasure craft engaged in recreational
activities and sightseeing for a limited
duration. This special location
regulation would not have a significant
economic impact on a substantial
number of small entities for the reasons
stated in Section IV.A above. When the
special local regulation is in effect,
vessel traffic can pass safely around the
regulated area. The maritime public
would be advised in advance of this
special local regulation via Broadcast
Notice to Mariners.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rulemaking would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rulemaking would economically
affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
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(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 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 rulemaking elsewhere in
this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a special local regulation
that would create regulated areas of
limited size and duration that includes
defined regulated areas for vessel traffic
to pass. Normally such actions are
categorically excluded from further
review under paragraphs L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. We
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Proposed Rules
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
khammond on DSKJM1Z7X2PROD with PROPOSALS
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit through the Federal
Decision Making Portal at https://
www.regulations.gov. To do so, go to
https://www.regulations.gov, type
USCG–2021–0797 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
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16:30 Dec 15, 2021
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eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for Part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.35.T11–084 to read as
follows:
■
§ 100.35T11–084 Special Local Regulation;
Sail Grand Prix 2021 Race Event, San
Francisco, CA
(a) Regulated areas. The regulations
in this section apply to all navigable
waters of the San Francisco Bay, from
surface to bottom, encompassed by a
line connecting the following latititude
and longitude points, beginning at
37°48′24.3″ N, 122°27′53.5″ W; thence to
37°49′15.6″ N, 122°27′58.1″ W; thence to
37°49′28.9″ N, 122°25′52.1″ W; thence to
37°49′7.5″ N, 122°25′13″ W; thence to
37°48′42″ N, 122°25′13″ W; thence to
37°48′26.9″ N, 122°26′50.5″ W and
thence to the point of beginning.
(b) Definitions. As used in this
section:
(1) Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the special local
regulation.
(2) Zone ‘‘A’’ means the Official
Practice Box Area. This zone will
encompass all navigable waters of the
San Francisco Bay, from surface to
bottom, within the area formed by
connecting the following latitude and
longitude points in the following order:
37°48′24.3″ N, 122°27′53.5″ W; thence to
37°49′15.6″ N, 122°27′58.1″ W; thence to
37°49′28.9″ N, 122°25′52.1″ W; thence to
37°49′7.5″ N, 122°25′13″ W; thence to
37°48′42″ N, 122°25′13″ W; thence to
37°48′26.9″ N, 122°26′50.5″ W and
thence to the point of beginning.
(3) Zone ‘‘B’’ means the Official Race
Box Area, which will be marked by 12
or more colored visual markers within
the special regulation area designated in
paragraph (a). The position of these
markers will be specified via Broadcast
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Notice to Mariners at least three days
prior to the event.
(4) Zone ‘‘C’’ means the Spectator
Area, which is within the special local
regulation area designated in paragraph
(a) and outside of Zone ‘‘B,’’ the Official
Race Box Area. Zone ‘‘C’’ will be
defined by latitude and longitude points
per Broadcast Notice to Mariners. Zone
‘‘C’’ will be further divided into three
additional sub-areas: Zone ‘‘C1 East,’’
Zone ‘‘C1 West,’’ and Zone ‘‘C2.’’ Zone
‘‘C1 East’’ and Zone ‘‘C1 West’’ will be
the general spectator areas that are open
to all vessel spectators. Zone ‘‘C2’’
means the separately designated
spectator area or areas marked by
approximately four or more colored
buoys that will be managed by marine
event sponsor officials. Vessels shall not
anchor within the confines of Zone ‘‘C.’’
(5) Zone ‘‘D’’ means the No Loitering
and Anchoring Area. This zone will
allow vessels to transit in and out of
marinas, piers, and vessel launch areas
throughout the duration of the Sail
Grand Prix. All vessels shall maintain
headway and shall not loiter or anchor
within the confines of Zone ‘‘D.’’
Mariners can transit Zone ‘‘D’’ during
the Sail Grand Prix 2021 event,
decreasing the impact of the special
local regulation to the San Francisco
waterfront.
(c) Special local regulation. The
following regulations apply between 12
p.m. and 5:30 p.m. on the Sail Grand
Prix 2021 official practice and race days.
(1) Only support and race vessels will
be authorized by the COTP or
designated representative to enter Zone
‘‘B’’ during the race event. Vessel
operators desiring to enter or operate
within Zone ‘‘A’’ or Zone ‘‘B’’ must
contact the COTP or a designated
representative to obtain permission to
do so. Persons and vessels may request
permission to transit Zone ‘‘A’’ on VHF–
23A.
(2) Spectator vessels in Zone ‘‘C’’
must maneuver as directed by the COTP
or designated representative. When
hailed or signaled by the COTP or
designated representative by a
succession of sharp, short signals by
whistle or horn, the hailed vessel must
come to an immediate stop and comply
with the lawful directions issues.
Failure to comply with a lawful
direction may result in additional
operating restrictions, citation for failure
to comply, or both.
(3) Spectator vessels in Zone ‘‘C’’
must operate at safe speeds, which will
create minimal wake.
(4) Vessels in Zone ‘‘D’’ shall
maintain headway and shall not loiter
or anchor within the confines of Zone
‘‘D.’’ Vessels in Zone ‘‘D’’ must
E:\FR\FM\16DEP1.SGM
16DEP1
71416
Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
maneuver as directed by the COTP or
designated representative.
(5) Rafting and anchoring of vessels is
prohibited within Zones ‘‘A’’, ‘‘B’’, ‘‘C’’,
and ‘‘D.’’
(d) Enforcement periods. This special
local regulation will be enforced for the
official practices and race events from
12 p.m. to 5:30 p.m. each day from
VerDate Sep<11>2014
16:30 Dec 15, 2021
Jkt 256001
March 24, 2022 through March 27, 2022.
At least 24 hours in advance of the
official practice and race events
commencing on March 24, 2022, the
COTP will notify the maritime
community of periods during which
these zones will be enforced via
Broadcast Notice to Mariners and in
PO 00000
Frm 00021
Fmt 4702
Sfmt 9990
writing via the Coast Guard Boating
Public Safety Notice.
Dated: November 30, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2021–26416 Filed 12–15–21; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\16DEP1.SGM
16DEP1
Agencies
[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Proposed Rules]
[Pages 71412-71416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26416]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2021-0797]
RIN 1625-AA08
Special Local Regulation; Sail Grand Prix 2021 Race Event; San
Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation in the navigable waters of San Francisco Bay in San
Francisco, CA in support of the San Francisco Sail Grand Prix 2021 race
periods on March 24, 2022 through March 27, 2022. This special local
regulation is necessary to provide for the safety of life on these
navigable waters and to ensure the safety of mariners transiting the
area from the dangers associated with high-speed sailing activities
associated with the Sail Grand Prix 2021 race event. This proposed
rulemaking would temporarily prohibit persons and vessels from entering
into, transiting through, anchoring, blocking, or loitering within the
event area adjacent to the city of San Francisco waterfront near the
Golden Gate Bridge and Alcatraz Island, unless authorized by the
Captain of the Port San Francisco or a designated representative. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before January 18, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0797 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
[[Page 71413]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Anthony I. Solares, U.S.
Coast Guard District 11, Sector San Francisco, at 415-399-3585,
[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 September 9, 2021, the Silverback Pacific Company notified the
Coast Guard of an intention to conduct the ``Sail Grand Prix 2021'' in
the San Francisco Bay. Sail Grand Prix (SailGP) is a sailing league
featuring world-class sailors racing 50-foot foiling catamarans. The
inaugural season started April 2021 in seven iconic cities throughout
the world and is traveling to San Francisco Bay in March 2022. In San
Francisco, they propose to take advantage of the natural amphitheater
that the central bay and city waterfront provide.
SailGP has applied for a Marine Event Permit to hold the Sail Grand
Prix 2021 race event on the waters of San Francisco Bay in California.
The Coast Guard has not approved the Marine Event Permit and is still
evaluating the application. If the permit is approved, however, we
anticipate that a special local regulation may be necessary to ensure
public safety during the race. To provide adequate time for public
input, we are proposing this special local regulation prior to a
decision on the Marine Event Permit.
Prior to drafting this Notice of Proposed Rulemaking, the Coast
Guard solicited input from maritime stakeholders to better understand
the nature of commercial and recreational activities on the Bay and how
the proposed Sail Grand Prix 2021 race event could impact such
activities. The Coast Guard participated in both a navigation work
group and monthly public meeting of the local Harbor Safety Committee
(HSC) to meet with stakeholders and obtain information and gather
feedback on notional approaches to enacting regulation in connection
with the Sail Grand Prix.
These regulations are needed to keep persons and vessels away from
the sailing race vessels, which exhibit unpredictable maneuverability
and have a demonstrated likelihood during the simulation of racing
scenarios for capsizing. The proposed special local regulation would
help prevent injuries and property damage that may be caused upon
impact by these fast-moving vessels. The provisions of this temporary
special local regulation would not exempt racing vessels from any
federal, state, or local laws or regulations, including Nautical Rules
of the Road. The Coast Guard proposes this rulemaking under authority
in 46 U.S.C. 70034 (previously, 33 U.S.C. 1231).
Under 33 CFR 100.35, the Coast Guard District Commander has
authority to promulgate certain special local regulations deemed
necessary to ensure the safety of life on the navigable waters
immediately before, during, and immediately after an approved regatta.
Pursuant to 33 CFR 1.05-1(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 San Francisco proposes to establish a special local
regulation associated with the Sail Grand Prix 2021 race event from 12
p.m. to 5:30 p.m. each day from March 24, 2022 through March 27, 2022.
The areas regulated by this special local regulation would be east of
the Golden Gate Bridge, south of Alcatraz Island, west of Treasure
Island, and in the vicinity of the city of San Francisco waterfront.
The Coast Guard proposes to establish a primary race area, a spectator
area, and a waterfront passage area. An image of these proposed
regulated areas may be found in the docket. The special local
regulation will cover all navigable waters of the San Francisco Bay,
from surface to bottom, within the area formed by connecting the
following latitude and longitude points in the following order:
37[deg]48'24.3'' N, 122[deg]27'53.5'' W; thence to 37[deg]49'15.6'' N,
122[deg]27'58.1'' W; thence to 37[deg]49'28.9'' N, 122[deg]25'52.1'' W;
thence to 37[deg]49'7.5'' N, 122[deg]25'13'' W; thence to
37[deg]48'42'' N, 122[deg]25'13'' W; thence to 37[deg]48'26.9'' N,
122[deg]26'50.5'' W and thence along the shore to the point of
beginning.
Located within this footprint, there will be four separate
regulated areas: Zone ``A'', the Official Practice Box Area; Zone
``B'', the Official Race Box Area; Zone ``C'', the Spectator Area, and
Zone ``D'', the No Spectating or Loitering Area.
Zone ``A'', the Official Practice Box Area, will be marked by
colored visual markers. The position of these markers would be
specified via Local Notice to Mariners at least two weeks prior to the
event and via Broadcast Notice to Mariners at least seven days prior to
the event. Zone ``A'' would be used by the race and support vessels
during the official practice period on March 24, 2022 and March 25,
2022. Zone ``A'', the Official Practice Box Area, will be enforced
during the official practices from 12 p.m. to 5:30 p.m. on March 24,
2022 and from 12 p.m. to 5:30 p.m. on March 25, 2022. Excluding the
public from entering Zone ``A'' is necessary to provide protection from
the operation of the high-speed sailing vessels within this area.
Zone ``B'', the Official Race Box Area, would be marked by 12 or
more colored visual markers. The position of these markers would be
confirmed via Broadcast Notice to Mariners at least three days prior to
the event. Only designated Sail Grand Prix 2021 race, support, and VIP
vessels would be permitted to enter Zone ``B''. Zone ``B'', the
Official Race Box Area, will be enforced during the official practices
from 12 p.m. to 5:30 p.m. on March 26, 2022 and from 12 p.m. to 5:30
p.m. on March 27, 2022. Because of the hazards posed by the sailing
competition, excluding non-race vessel traffic from Zone ``B'' is
necessary to provide protection from the operation of the high-speed
sailing vessels within this area.
Zone ``C'', the Spectator Area, would be within the special local
regulation area designated in paragraph (a) and outside of Zone ``B'',
the Official Race Box Area. Zone ``C'' will be defined by latitude and
longitude points per Broadcast Notice to Mariners. Zone ``C'' will be
further divided into three additional sub-areas: Zone ``C1 East'', Zone
``C1 West'', and Zone ``C2''. Zone ``C1 East'' and Zone ``C1 West''
will be the general spectator areas that are open to all vessel
spectators. Zone ``C2'' would be the separately designated spectator
area or areas marked by approximately four or more colored buoys that
will be managed by marine event sponsor officials. Vessels would be
prohibited from anchoring within the confines of Zone ``C.''
Zone ``D'' would be the No Loitering or Anchoring Area. This zone
will allow vessels to transit in and out of marinas, piers, and vessel
launch areas throughout the duration of the Sail Grand Prix event. All
vessels must maintain headway and may not loiter or anchor within the
confines of Zone ``D.'' Mariners can transit Zone ``D'' during the Sail
Grand Prix 2021 event, decreasing the impact of the special local
regulation to the San Francisco waterfront.
The duration of the establishment of the proposed special local
regulation is
[[Page 71414]]
intended to ensure the safety of vessels in these navigable waters
during the scheduled practice and race periods. This proposed temporary
special local regulation would temporarily restrict vessel traffic
adjacent to the city of San Francisco waterfront in the vicinity of the
Golden Gate Bridge and Alcatraz Island and prohibit vessels and persons
not participating in the race event from entering the dedicated race
area. The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the special local regulation. With this
special local regulation, the Coast Guard intends to maintain
commercial access to the ports through an alternate vessel traffic
management scheme. The special local regulation is limited in duration,
and is limited to a narrowly tailored geographic area with designated
and adequate space for transiting vessels to pass when permitted by the
COTP or a designated representative. In addition, although this rule
restricts access to the waters encompassed by the special local
regulation, the effect of this rulemaking will not be significant
because the local waterway users will be notified in advance via public
Broadcast Notice to Mariners to ensure the special local regulation
will result in minimum impact. Therefore, mariners will be able to plan
ahead and transit outside of the periods of enforcement of the special
local regulation, or alternatively, they will be able to transit the
city of San Francisco Waterfront via Zone ``D'' with approval from the
COTP or designated representative. The entities most likely to be
affected are commercial vessels and pleasure craft engaged in
recreational activities.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 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 rulemaking may affect owners and operators of commercial
vessels and pleasure craft engaged in recreational activities and
sightseeing for a limited duration. This special location regulation
would not have a significant economic impact on a substantial number of
small entities for the reasons stated in Section IV.A above. When the
special local regulation is in effect, vessel traffic can pass safely
around the regulated area. The maritime public would be advised in
advance of this special local regulation via Broadcast Notice to
Mariners.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rulemaking would
have a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rulemaking would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 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 call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 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
rulemaking elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation that would create regulated areas of limited size and
duration that includes defined regulated areas for vessel traffic to
pass. Normally such actions are categorically excluded from further
review under paragraphs L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. We
[[Page 71415]]
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit through the Federal
Decision Making Portal at https://www.regulations.gov. To do so, go to
https://www.regulations.gov, type USCG-2021-0797 in the search box and
click ``Search.'' Next, look for this document in the Search Results
column, and click on it. Then click on the Comment option. If you
cannot submit your material by using https://www.regulations.gov, call
or email the person in the FOR FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 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. 100.35.T11-084 to read as follows:
Sec. 100.35T11-084 Special Local Regulation; Sail Grand Prix 2021
Race Event, San Francisco, CA
(a) Regulated areas. The regulations in this section apply to all
navigable waters of the San Francisco Bay, from surface to bottom,
encompassed by a line connecting the following latititude and longitude
points, beginning at 37[deg]48'24.3'' N, 122[deg]27'53.5'' W; thence to
37[deg]49'15.6'' N, 122[deg]27'58.1'' W; thence to 37[deg]49'28.9'' N,
122[deg]25'52.1'' W; thence to 37[deg]49'7.5'' N, 122[deg]25'13'' W;
thence to 37[deg]48'42'' N, 122[deg]25'13'' W; thence to
37[deg]48'26.9'' N, 122[deg]26'50.5'' W and thence to the point of
beginning.
(b) Definitions. As used in this section:
(1) Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer on a
Coast Guard vessel or a Federal, State, or local officer designated by
or assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the special local regulation.
(2) Zone ``A'' means the Official Practice Box Area. This zone will
encompass all navigable waters of the San Francisco Bay, from surface
to bottom, within the area formed by connecting the following latitude
and longitude points in the following order: 37[deg]48'24.3'' N,
122[deg]27'53.5'' W; thence to 37[deg]49'15.6'' N, 122[deg]27'58.1'' W;
thence to 37[deg]49'28.9'' N, 122[deg]25'52.1'' W; thence to
37[deg]49'7.5'' N, 122[deg]25'13'' W; thence to 37[deg]48'42'' N,
122[deg]25'13'' W; thence to 37[deg]48'26.9'' N, 122[deg]26'50.5'' W
and thence to the point of beginning.
(3) Zone ``B'' means the Official Race Box Area, which will be
marked by 12 or more colored visual markers within the special
regulation area designated in paragraph (a). The position of these
markers will be specified via Broadcast Notice to Mariners at least
three days prior to the event.
(4) Zone ``C'' means the Spectator Area, which is within the
special local regulation area designated in paragraph (a) and outside
of Zone ``B,'' the Official Race Box Area. Zone ``C'' will be defined
by latitude and longitude points per Broadcast Notice to Mariners. Zone
``C'' will be further divided into three additional sub-areas: Zone
``C1 East,'' Zone ``C1 West,'' and Zone ``C2.'' Zone ``C1 East'' and
Zone ``C1 West'' will be the general spectator areas that are open to
all vessel spectators. Zone ``C2'' means the separately designated
spectator area or areas marked by approximately four or more colored
buoys that will be managed by marine event sponsor officials. Vessels
shall not anchor within the confines of Zone ``C.''
(5) Zone ``D'' means the No Loitering and Anchoring Area. This zone
will allow vessels to transit in and out of marinas, piers, and vessel
launch areas throughout the duration of the Sail Grand Prix. All
vessels shall maintain headway and shall not loiter or anchor within
the confines of Zone ``D.'' Mariners can transit Zone ``D'' during the
Sail Grand Prix 2021 event, decreasing the impact of the special local
regulation to the San Francisco waterfront.
(c) Special local regulation. The following regulations apply
between 12 p.m. and 5:30 p.m. on the Sail Grand Prix 2021 official
practice and race days.
(1) Only support and race vessels will be authorized by the COTP or
designated representative to enter Zone ``B'' during the race event.
Vessel operators desiring to enter or operate within Zone ``A'' or Zone
``B'' must contact the COTP or a designated representative to obtain
permission to do so. Persons and vessels may request permission to
transit Zone ``A'' on VHF-23A.
(2) Spectator vessels in Zone ``C'' must maneuver as directed by
the COTP or designated representative. When hailed or signaled by the
COTP or designated representative by a succession of sharp, short
signals by whistle or horn, the hailed vessel must come to an immediate
stop and comply with the lawful directions issues. Failure to comply
with a lawful direction may result in additional operating
restrictions, citation for failure to comply, or both.
(3) Spectator vessels in Zone ``C'' must operate at safe speeds,
which will create minimal wake.
(4) Vessels in Zone ``D'' shall maintain headway and shall not
loiter or anchor within the confines of Zone ``D.'' Vessels in Zone
``D'' must
[[Page 71416]]
maneuver as directed by the COTP or designated representative.
(5) Rafting and anchoring of vessels is prohibited within Zones
``A'', ``B'', ``C'', and ``D.''
(d) Enforcement periods. This special local regulation will be
enforced for the official practices and race events from 12 p.m. to
5:30 p.m. each day from March 24, 2022 through March 27, 2022. At least
24 hours in advance of the official practice and race events commencing
on March 24, 2022, the COTP will notify the maritime community of
periods during which these zones will be enforced via Broadcast Notice
to Mariners and in writing via the Coast Guard Boating Public Safety
Notice.
Dated: November 30, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2021-26416 Filed 12-15-21; 8:45 am]
BILLING CODE 9110-04-P