Eleventh Coast Guard District Annual Marine Events; Northern California and Lake Tahoe, CA, 62724-62727 [2022-22429]
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Federal Register / Vol. 87, No. 199 / Monday, October 17, 2022 / Rules and Regulations
TABLE 4 TO PARAGRAPH (m)—PARAGRAPH CONTENTS—Continued
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
*
School transfer.
Change in educational objective.
Employment.
Practical training.
Decision on application for extension, permission to transfer to another school, or permission to accept employment for practical training.
Reinstatement to student status.
Spouse and children of M–1 student.
Current name and address.
Special rules for certain border commuter students.
Remittance of the fee.
*
*
*
*
(w) CNMI-Only Transitional Worker
(CW–1).
TABLE 5 TO PARAGRAPH (w)—PARAGRAPH CONTENTS
(1) Definitions.
(2) Eligible aliens.
(3) Derivative beneficiaries—CW–2 nonimmigrant classification.
(4) Eligible employers.
(5) Petition requirements.
(6) Appropriate documents.
(7) Change of employers.
(8) Amended or new petition.
(9) Multiple beneficiaries.
(10) Named beneficiaries.
(11) Early termination.
(12) Approval.
(13) Petition validity.
(14) Validity of the labor certification.
(15) How to apply for CW–1 or CW–2 status.
(16) Biometrics and other information.
(17) Period of admission.
(18) Extension of petition validity and extension of stay.
(19) Change or adjustment of status.
(20) Effect of filing an application for or approval of a permanent labor certification, preference petition, or filing of an application for adjustment
of status on CW–1 or CW–2 classification.
(21) Rejection.
(22) Denial.
(23) Terms and conditions of CW Nonimmigrant status.
(24) Expiration of status.
(25) Waivers of inadmissibility for applicants lawfully present in the CNMI.
(26) Semiannual report.
(27) Revocation of approval of petition.
(28) Appeal of a revocation of a petition.
(29) Notice to DOL.
*
*
*
*
*
Alejandro N. Mayorkas,
Secretary, Department of Homeland Security.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[FR Doc. 2022–22465 Filed 10–14–22; 8:45 am]
33 CFR Part 100
BILLING CODE 9112–FP–P
[Docket Number USCG–2022–0611]
This rule is effective on October
17, 2022.
RIN 1625–AA08
ADDRESSES:
DATES:
Eleventh Coast Guard District Annual
Marine Events; Northern California and
Lake Tahoe, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
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AGENCY:
The Coast Guard is updating
the list of marine events occurring
annually within the Eleventh Coast
Guard District, specifically within the
SUMMARY:
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15:49 Oct 14, 2022
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San Francisco Captain of the Port
(COTP) zone. This rule will enable
vessel movement restrictions in the
regulated area when the special local
regulations are activated and enforced.
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0611 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions about this rule, call
or email LT Anthony Solares, Sector
San Francisco, U.S. Coast Guard;
FOR FURTHER INFORMATION CONTACT:
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telephone 415–399–3585, email
SFWaterways@uscg.mil.
IV. Discussion of Comments, Changes,
and the Rule
SUPPLEMENTARY INFORMATION:
As noted above, we received no
comments on our NPRM published
August 29, 2022. There are no changes
in the regulatory text of this rule from
the regulatory text in the NPRM.
This rule updates the list of marine
events occurring annually within the
Eleventh Coast Guard District,
specifically within the San Francisco
Captain of the Port (COTP) zone. This
rule will enable vessel movement
restrictions in the regulated area when
the special local regulations are
activated and enforced. No vessel or
person will be permitted to enter the
regulated area unless authorized by the
COTP.
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Coast Guard regularly updates the
regulations for recurring special local
regulations within the Eleventh Coast
Guard District listed in 33 CFR
100.1103. These recurring special local
regulations are for marine events that
take place either on or over the
navigable waters of the Eleventh Coast
Guard District as defined at 33 CFR
3.55–1. These regulations were last
amended February 13, 2020 (85 FR
8169). Before new recurring events are
added to the listed events for Eleventh
Coast Guard District they are reviewed
for safe practice and verified to be
recurring on or about the same time of
year for subsequent years.
In response, on August 29, 2022, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Eleventh Coast Guard District Annual
Marine Events; Northern California and
Lake Tahoe, CA’’ (87 FR 52865). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to the marine
event additions. During the comment
period that ended September 29, 2022,
we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to public
interest because immediate action is
needed to ensure the safety of the
participants and vessels during the
upcoming event on October 23, 2022.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041
(previously 33 U.S.C. 1233). The
Captain of the Port San Francisco
(COTP) has determined the regulation
update is necessary to include recurring
marine events and keep spectators and
vessels a safe distance away from the
specified events to ensure the safety of
participants, spectators, and transiting
vessels.
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V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size and location of the
regulated areas. The effect of this rule
will not be significant because vessel
traffic can either pass safely around
these areas, regardless of size, or this
rule will encompass only a small
portion of the waterway for a short
duration. Vessels will also be able to
request permission from the COTP to
transit through the regulated areas.
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 rule will not have a
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62725
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule will 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 will
affect your small business, organization,
or governmental jurisdiction and you
have questions concerning its
provisions or options for compliance,
please call or email the person listed in
the FOR FURTHER INFORMATION CONTACT
section. 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 does 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 call
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Federal Register / Vol. 87, No. 199 / Monday, October 17, 2022 / Rules and Regulations
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 rule
will not result in such an expenditure,
we do discuss the potential effects of
this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have 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
revision of 33 CFR 100.1103. The
additions to table 1 of 33 CFR 100.1103
will capture recurring marine events in
the San Francisco Captain of the Port
(COTP) zone. The revised regulation
will prevent unauthorized persons or
vessels from entering into, transiting
through, or remaining in the regulated
areas without the permission of the
Captain of the Port San Francisco or a
designated representative. It is
categorically excluded from further
review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Memorandum for Record supporting
this determination is available in the
docket. For instructions on locating the
docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is amending
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. Revise and republish § 100.1103 to
read as follows:
■
§ 100.1103 Northern California and Lake
Tahoe area annual marine events.
(a) General. Special local regulations
are established for the events listed in
table 1 to this section. Notice of
implementation of these special local
regulations will be made by publication
in the Federal Register 30 days prior to
the event for those events without
specific dates or by Notice to Mariners
20 days prior to the event for those
events listing a period for which a firm
date is identifiable. In all cases, further
information on exact dates, times, and
other details concerning the number and
type of participants and an exact
geographical description of the areas are
published by the Eleventh Coast Guard
District in the Local Notice to Mariners
at least 20 days prior to each event. To
be placed on the mailing list for Local
Notice to Mariners contact: Commander
(dpw), Eleventh Coast Guard District,
Coast Guard Island, Building 50–2,
Alameda, CA 94501–5100. Note:
Sponsors of events listed in table 1 to
this section must submit an application
each year as required by subpart A of
this part to the cognizant Coast Guard
Sector Commander. Sponsors are
informed that ample lead time is
required to inform all Federal, state,
local agencies, and other interested
parties and to provide the sponsor the
best support to ensure the safety of life
and property.
(b) Special local regulations. All
persons and vessels not registered with
the sponsor as participants or as official
patrol vessels are considered spectators.
The ‘‘official patrol’’ consists of any
Coast Guard; other Federal, state, or
local law enforcement; and any public
or sponsor-provided vessels assigned or
approved by the cognizant Coast Guard
Sector Commander to patrol each event.
(1) No spectator shall anchor, block,
loiter, nor impede the through transit of
participants or official patrol vessels in
the regulated areas during all applicable
effective dates and times unless cleared
to do so by or through an official patrol
vessel.
(2) When hailed or signaled by an
official patrol vessel, any spectator
located within a regulated area during
all applicable effective dates and times
shall come to an immediate stop.
(3) The Patrol Commander (PATCOM)
is empowered to forbid and control the
movement of all vessels in the regulated
area. The Patrol Commander shall be
designated by the cognizant Coast Guard
Sector Commander; will be a U.S. Coast
Guard commissioned officer, warrant
officer, or petty officer to act as the
Sector Commander’s official
representative; and will be located
aboard the lead official patrol vessel. As
the Sector Commander’s representative,
the PATCOM may terminate the event
any time it is deemed necessary for the
protection of life and property. The
PATCOM may be reached on VHF–FM
Channel 13 (156.65 MHz) or 16 (156.8
MHz) when required, by the call sign
‘‘PATCOM’’.
(4) The Patrol Commander may, upon
request, allow the transit of commercial
vessels through regulated areas when it
is safe to do so.
(5) The Coast Guard may be assisted
by other Federal, state, or local agencies.
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TABLE 1 TO § 100.1103
[All coordinate referenced use datum NAD 83]
1. Blessing of the Fleet:
Sponsor ....................................
Event Description .....................
Date .........................................
Location ...................................
Regulated Area ........................
VerDate Sep<11>2014
15:49 Oct 14, 2022
Corinthian Yacht Club.
Boat parade during which vessels pass by a pre-designated platform or vessel.
Last Sunday in April.
San Francisco Waterfront to South Tower of Golden Gate Bridge.
The area between a line drawn from Bluff Point on the southeastern side of Tiburon Peninsula to Point
Campbell on the northern edge of Angel Island, and a line drawn from Peninsula Point to the southern
edge of Tiburon Peninsula to Point Stuart on the western edge of Angel Island.
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62727
TABLE 1 TO § 100.1103—Continued
[All coordinate referenced use datum NAD 83]
2. Opening Day on San Francisco
Bay:
Sponsor ....................................
Event Description .....................
Date .........................................
Location ...................................
Regulated Area ........................
3. Delta Thunder Powerboat Race:
Sponsor ....................................
Event Description .....................
Date .........................................
Location ...................................
Regulated Area ........................
4. Pittsburg Seafood Festival Air
Show:
Sponsor ....................................
Event Description .....................
Date .........................................
Location ...................................
Regulated Area ........................
5. Sacramento Ironman Swim:
Sponsor ....................................
Event Description .....................
Date .........................................
Location ...................................
Regulated Area ........................
6. Escape From Alcatraz Swim:
Sponsor ....................................
Event Description .....................
Date .........................................
Location ...................................
Regulated Area ........................
Pacific Inter-Club Yacht Association and Corinthian Yacht Club.
Boat parade during which vessels pass by a pre-designated platform or vessel.
Last Sunday in April.
San Francisco, CA waterfront: Crissy Field to Pier 39.
The area defined by a line drawn from Fort Point; thence easterly approximately 5,000 yards; thence easterly to the Blossom Rock Bell Buoy; thence westerly to the Northeast corner of Pier 39; thence returning along the shoreline to the point of origin.
Special Requirements: All vessels entering the regulated area shall follow the parade route established by
the sponsor and be capable of maintaining an approximate speed of 6 knots.
Commercial Vessel Traffic Allowances: The parade will be interrupted, as necessary, to permit the passage of commercial vessel traffic. Commercial traffic must cross the parade route at a no-wake speed
and perpendicular to the parade route.
Pacific Offshore Power Racing Association.
Professional high-speed powerboat race.
Second Saturday, Sunday in September.
Off Pittsburgh, CA in the waters around Winter Island and Brown Island.
The water area of Suisun Bay commencing at Simmons Point on Chipps Island; thence southwesterly to
Stake Point on the southern shore of Suisun Bay; thence easterly following the southern shoreline of
Suisun Bay and New York Slough to New York Slough Buoy 13; thence north-northwesterly to the
Northwestern corner of Fraser Shoal; thence northwesterly to the western tip of Chain Island; thence
west-northwesterly to the northeast tip of Van Sickle Island; thence following the shoreline of Van Sickle
Island and Chipps Island and returning to the point of origin.
City of Pittsburg, CA.
Pittsburg Seafood Festival Air Show.
Second Saturday, Sunday in September.
Off Pittsburg, CA in the waters around Winer Island and Broqn Island.
The water area of Suisun Bay commencing at Simmons Point on Chipps Island; thence southwesterly to
Stake Point on the southern shore of Suisun Bay; thence easterly following the southern shoreline of
Suisun Bay and New York Slough to New York Slough Buoy 13; thence north-northwesterly to the
Northwestern corner of Fraser Shoal; thence northwesterly to the western tip of Chain Island; thence
west-northwesterly to the northeast tip of Van Sickle Island; thence following the shoreline of Van Sickle
Island and Chipps Island and returning to the point of origin.
IRONMAN Group.
Swim portion of the Sacramento Ironman Triathlon.
A Sunday in October.
Waters of the American River and Sacramento River from Township 9 Park to North of Tower Bridge.
For the duration of the event, all non-participants are prohibited from entering, transiting through, anchoring
in, or remaining within the regulated area all waters of the American River and Sacramento River from
Township 9 Park to North of Tower Bridge.
Action Sports Events IMG.
Escape From Alcatraz Swim.
An approximate 750 meter swim that will originate from a boat located in the San Francisco Bay.
A weekend day in June.
Waters of the San Francisco Bay From Alcatraz Island to Saint Francis Yacht Club.
For the duration of the event, all non-participants are prohibited from entering, transiting through, anchoring
in, or remaining within the regulated area all waters of the San Francisco Bay From Alcatraz Island to
Saint Francis Yacht Club.
Dated: October 7, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2022–22429 Filed 10–14–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 165
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RIN 1625–AA00
Safety Zone; Potomac River,
Washington, DC
Coast Guard, Department of
Homeland Security (DHS).
AGENCY:
15:49 Oct 14, 2022
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Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Potomac River. The
safety zone is needed to protect
personnel, vessels, and the marine
environment on these navigable waters
near Washington, DC, on October 22,
2022, (no rain date) from potential
hazards during a fireworks display.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port,
SUMMARY:
Coast Guard
[Docket Number USCG–2022–0845]
VerDate Sep<11>2014
ACTION:
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]]>Agencies
[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Rules and Regulations]
[Pages 62724-62727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22429]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2022-0611]
RIN 1625-AA08
Eleventh Coast Guard District Annual Marine Events; Northern
California and Lake Tahoe, CA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is updating the list of marine events
occurring annually within the Eleventh Coast Guard District,
specifically within the San Francisco Captain of the Port (COTP) zone.
This rule will enable vessel movement restrictions in the regulated
area when the special local regulations are activated and enforced.
DATES: This rule is effective on October 17, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0611 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT Anthony Solares, Sector San Francisco, U.S. Coast
Guard;
[[Page 62725]]
telephone 415-399-3585, email [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
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard regularly updates the regulations for recurring
special local regulations within the Eleventh Coast Guard District
listed in 33 CFR 100.1103. These recurring special local regulations
are for marine events that take place either on or over the navigable
waters of the Eleventh Coast Guard District as defined at 33 CFR 3.55-
1. These regulations were last amended February 13, 2020 (85 FR 8169).
Before new recurring events are added to the listed events for Eleventh
Coast Guard District they are reviewed for safe practice and verified
to be recurring on or about the same time of year for subsequent years.
In response, on August 29, 2022, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled ``Eleventh Coast Guard District
Annual Marine Events; Northern California and Lake Tahoe, CA'' (87 FR
52865). There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to the marine event additions.
During the comment period that ended September 29, 2022, we received no
comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to ensure the safety of the participants and vessels during
the upcoming event on October 23, 2022.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041 (previously 33 U.S.C. 1233). The Captain of the Port San
Francisco (COTP) has determined the regulation update is necessary to
include recurring marine events and keep spectators and vessels a safe
distance away from the specified events to ensure the safety of
participants, spectators, and transiting vessels.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 29, 2022. There are no changes in the regulatory text of this
rule from the regulatory text in the NPRM.
This rule updates the list of marine events occurring annually
within the Eleventh Coast Guard District, specifically within the San
Francisco Captain of the Port (COTP) zone. This rule will enable vessel
movement restrictions in the regulated area when the special local
regulations are activated and enforced. No vessel or person will be
permitted to enter the regulated area unless authorized by the COTP.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the rule
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size and
location of the regulated areas. The effect of this rule will not be
significant because vessel traffic can either pass safely around these
areas, regardless of size, or this rule will encompass only a small
portion of the waterway for a short duration. Vessels will also be able
to request permission from the COTP to transit through the regulated
areas.
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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will 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 will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section. 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 does 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 call
[[Page 62726]]
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 rule will not result in
such an expenditure, we do discuss the potential effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have 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 revision of 33 CFR 100.1103. The additions to table 1 of
33 CFR 100.1103 will capture recurring marine events in the San
Francisco Captain of the Port (COTP) zone. The revised regulation will
prevent unauthorized persons or vessels from entering into, transiting
through, or remaining in the regulated areas without the permission of
the Captain of the Port San Francisco or a designated representative.
It is categorically excluded from further review under paragraph L[61]
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
A Memorandum for Record supporting this determination is available in
the docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 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. Revise and republish Sec. 100.1103 to read as follows:
Sec. 100.1103 Northern California and Lake Tahoe area annual marine
events.
(a) General. Special local regulations are established for the
events listed in table 1 to this section. Notice of implementation of
these special local regulations will be made by publication in the
Federal Register 30 days prior to the event for those events without
specific dates or by Notice to Mariners 20 days prior to the event for
those events listing a period for which a firm date is identifiable. In
all cases, further information on exact dates, times, and other details
concerning the number and type of participants and an exact
geographical description of the areas are published by the Eleventh
Coast Guard District in the Local Notice to Mariners at least 20 days
prior to each event. To be placed on the mailing list for Local Notice
to Mariners contact: Commander (dpw), Eleventh Coast Guard District,
Coast Guard Island, Building 50-2, Alameda, CA 94501-5100. Note:
Sponsors of events listed in table 1 to this section must submit an
application each year as required by subpart A of this part to the
cognizant Coast Guard Sector Commander. Sponsors are informed that
ample lead time is required to inform all Federal, state, local
agencies, and other interested parties and to provide the sponsor the
best support to ensure the safety of life and property.
(b) Special local regulations. All persons and vessels not
registered with the sponsor as participants or as official patrol
vessels are considered spectators. The ``official patrol'' consists of
any Coast Guard; other Federal, state, or local law enforcement; and
any public or sponsor-provided vessels assigned or approved by the
cognizant Coast Guard Sector Commander to patrol each event.
(1) No spectator shall anchor, block, loiter, nor impede the
through transit of participants or official patrol vessels in the
regulated areas during all applicable effective dates and times unless
cleared to do so by or through an official patrol vessel.
(2) When hailed or signaled by an official patrol vessel, any
spectator located within a regulated area during all applicable
effective dates and times shall come to an immediate stop.
(3) The Patrol Commander (PATCOM) is empowered to forbid and
control the movement of all vessels in the regulated area. The Patrol
Commander shall be designated by the cognizant Coast Guard Sector
Commander; will be a U.S. Coast Guard commissioned officer, warrant
officer, or petty officer to act as the Sector Commander's official
representative; and will be located aboard the lead official patrol
vessel. As the Sector Commander's representative, the PATCOM may
terminate the event any time it is deemed necessary for the protection
of life and property. The PATCOM may be reached on VHF-FM Channel 13
(156.65 MHz) or 16 (156.8 MHz) when required, by the call sign
``PATCOM''.
(4) The Patrol Commander may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
(5) The Coast Guard may be assisted by other Federal, state, or
local agencies.
Table 1 to Sec. 100.1103
[All coordinate referenced use datum NAD 83]
------------------------------------------------------------------------
------------------------------------------------------------------------
1. Blessing of the Fleet:
Sponsor....................... Corinthian Yacht Club.
Event Description............. Boat parade during which vessels
pass by a pre-designated platform
or vessel.
Date.......................... Last Sunday in April.
Location...................... San Francisco Waterfront to South
Tower of Golden Gate Bridge.
Regulated Area................ The area between a line drawn from
Bluff Point on the southeastern
side of Tiburon Peninsula to Point
Campbell on the northern edge of
Angel Island, and a line drawn from
Peninsula Point to the southern
edge of Tiburon Peninsula to Point
Stuart on the western edge of Angel
Island.
[[Page 62727]]
2. Opening Day on San Francisco
Bay:
Sponsor....................... Pacific Inter-Club Yacht Association
and Corinthian Yacht Club.
Event Description............. Boat parade during which vessels
pass by a pre-designated platform
or vessel.
Date.......................... Last Sunday in April.
Location...................... San Francisco, CA waterfront: Crissy
Field to Pier 39.
Regulated Area................ The area defined by a line drawn
from Fort Point; thence easterly
approximately 5,000 yards; thence
easterly to the Blossom Rock Bell
Buoy; thence westerly to the
Northeast corner of Pier 39; thence
returning along the shoreline to
the point of origin.
Special Requirements: All vessels
entering the regulated area shall
follow the parade route established
by the sponsor and be capable of
maintaining an approximate speed of
6 knots.
Commercial Vessel Traffic
Allowances: The parade will be
interrupted, as necessary, to
permit the passage of commercial
vessel traffic. Commercial traffic
must cross the parade route at a no-
wake speed and perpendicular to the
parade route.
3. Delta Thunder Powerboat Race:
Sponsor....................... Pacific Offshore Power Racing
Association.
Event Description............. Professional high-speed powerboat
race.
Date.......................... Second Saturday, Sunday in
September.
Location...................... Off Pittsburgh, CA in the waters
around Winter Island and Brown
Island.
Regulated Area................ The water area of Suisun Bay
commencing at Simmons Point on
Chipps Island; thence southwesterly
to Stake Point on the southern
shore of Suisun Bay; thence
easterly following the southern
shoreline of Suisun Bay and New
York Slough to New York Slough Buoy
13; thence north-northwesterly to
the Northwestern corner of Fraser
Shoal; thence northwesterly to the
western tip of Chain Island; thence
west-northwesterly to the northeast
tip of Van Sickle Island; thence
following the shoreline of Van
Sickle Island and Chipps Island and
returning to the point of origin.
4. Pittsburg Seafood Festival Air
Show:
Sponsor....................... City of Pittsburg, CA.
Event Description............. Pittsburg Seafood Festival Air Show.
Date.......................... Second Saturday, Sunday in
September.
Location...................... Off Pittsburg, CA in the waters
around Winer Island and Broqn
Island.
Regulated Area................ The water area of Suisun Bay
commencing at Simmons Point on
Chipps Island; thence southwesterly
to Stake Point on the southern
shore of Suisun Bay; thence
easterly following the southern
shoreline of Suisun Bay and New
York Slough to New York Slough Buoy
13; thence north-northwesterly to
the Northwestern corner of Fraser
Shoal; thence northwesterly to the
western tip of Chain Island; thence
west-northwesterly to the northeast
tip of Van Sickle Island; thence
following the shoreline of Van
Sickle Island and Chipps Island and
returning to the point of origin.
5. Sacramento Ironman Swim:
Sponsor....................... IRONMAN Group.
Event Description............. Swim portion of the Sacramento
Ironman Triathlon.
Date.......................... A Sunday in October.
Location...................... Waters of the American River and
Sacramento River from Township 9
Park to North of Tower Bridge.
Regulated Area................ For the duration of the event, all
non-participants are prohibited
from entering, transiting through,
anchoring in, or remaining within
the regulated area all waters of
the American River and Sacramento
River from Township 9 Park to North
of Tower Bridge.
6. Escape From Alcatraz Swim:
Sponsor....................... Action Sports Events IMG.
Event Description............. Escape From Alcatraz Swim.
An approximate 750 meter swim that
will originate from a boat located
in the San Francisco Bay.
Date.......................... A weekend day in June.
Location...................... Waters of the San Francisco Bay From
Alcatraz Island to Saint Francis
Yacht Club.
Regulated Area................ For the duration of the event, all
non-participants are prohibited
from entering, transiting through,
anchoring in, or remaining within
the regulated area all waters of
the San Francisco Bay From Alcatraz
Island to Saint Francis Yacht Club.
------------------------------------------------------------------------
Dated: October 7, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2022-22429 Filed 10-14-22; 8:45 am]
BILLING CODE 9110-04-P
