Special Local Regulation; Sail Grand Prix, Season 3 Race Event, San Francisco, CA, 24906-24909 [2023-08662]

Download as PDF 24906 Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations Law Penalty description Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319. Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319. Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319. This rule codifies these civil penalty amounts by amending parts 1264 and 1271 of title 14 of the CFR. III. Legal Authority and Effective Date NASA issues this rule under the Federal Civil Penalties Inflation Adjustment Act of 1990,3 as amended by the Debt Collection Improvement Act of 1996,4 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,5 which requires NASA to adjust the civil penalties within its jurisdiction for inflation according to a statutorily prescribed formula. Section 553 of title 5 of the United States Code generally requires an agency to publish a rule at least 30 days before its effective date to allow for advance notice and opportunity for public comments.6 After the initial adjustment for 2016, however, the Civil Penalties Inflation Adjustment Act requires agencies to make subsequent annual adjustments for inflation ‘‘notwithstanding section 553 of title 5, United States Code.’’ Moreover, the 2023 adjustments are made according to a statutory formula that does not provide for agency discretion. Accordingly, a delay in effectiveness of the 2023 adjustments is not required. lotter on DSK11XQN23PROD with RULES1 IV. Regulatory Requirements Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule is not a significant regulatory action under E.O. 12866 and 3 Public Law 101–410, 104 Stat. 890 (1990). Law 104–134, section 31001(s)(1), 110 Stat. 1321, 1321–373 (1996). 5 Public Law 114–74, section 701, 129 Stat. 584, 599 (2015). 6 See 5 U.S.C. 533(d). 4 Public VerDate Sep<11>2014 15:44 Apr 24, 2023 Jkt 259001 2022 Penalty Maximum Penalty for use of appropriated funds to lobby or influence certain contracts. Minimum penalty for failure to report certain lobbying transactions. Maximum penalty for failure to report certain lobbying transactions. was not reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis.7 Paperwork Reduction Act No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. List of Subjects in 14 CFR Parts 1264 and 1271 Claims, Lobbying, Penalties. For the reasons stated in the preamble, NASA is amending 14 CFR parts 1264 and 1271 as follows: Penalty adjusted for 2023 220,213 237,268 22,021 23,727 220,213 237,268 their place ‘‘$23,727’’ and remove ‘‘$220,213’’ and add in its place ‘‘$237,268’’. Appendix A to Part 1271 [Amended] 5. In appendix A to part 1271: a. Remove ‘‘$22,021’’ everywhere it appears and add in its place ‘‘$23,727.’’ ■ b. Remove ‘‘$220,213’’ everywhere it appears and add in its place ‘‘$237,268.’’ ■ ■ Nanette Smith, Team Lead, NASA Directives and Regulations. [FR Doc. 2023–08676 Filed 4–24–23; 8:45 am] BILLING CODE 7510–13–P DEPARTMENT OF HOMELAND SECURITY PART 1264—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986 Coast Guard 1. The authority citation for part 1264 continues to read as follows: [Docket Number USCG–2023–0176] ■ Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a). § 1264.102 [Amended] 2. In § 1264.102, in the undesignated paragraphs following paragraph (a)(1)(iv) and (b)(1)(ii), remove ‘‘$12,537’’ and add in its place ‘‘$13,508’’. ■ PART 1271—NEW RESTRICTIONS ON LOBBYING 3. The authority citation for part 1271 continues to read as follows: ■ Authority: Section 319, Pub. L. 101–121 (31 U.S.C. 1352); Pub. L. 97–258 (31 U.S.C. 6301 et seq.) § 1271.400 [Amended] 4. In § 1271.400: a. In paragraphs (a) and (b), remove the words ‘‘not less than $22,021 and not more than $220,213’’ and add in their place the words ‘‘not less than $23,727 and not more than $237,268.’’ ■ b. In paragraph (e), remove the two occurrences of ‘‘$22,021’’ and add in ■ ■ 75 PO 00000 U.S.C. 603(a), 604(a). Frm 00010 Fmt 4700 Sfmt 4700 33 CFR Part 100 RIN 1625–AA08 Special Local Regulation; Sail Grand Prix, Season 3 Race Event, San Francisco, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary special local regulation in the navigable waters of the San Francisco Bay in San Francisco, CA in support of the San Francisco Sail Grand Prix, Season 3 race periods. 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 vessels participating in the Sail Grand Prix race event. This rulemaking will prohibit persons and vessels from entering, 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. SUMMARY: E:\FR\FM\25APR1.SGM 25APR1 Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations This rule is effective from May 4, 2023, through May 7, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0176 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 on this rule, call, or email Lieutenant Anthony I. Solares, U.S. Coast Guard Sector San Francisco Waterways Management Division; telephone 415–399–3585, email SFWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: 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 lotter on DSK11XQN23PROD with RULES1 II. Background Information and Regulatory History On December 19, 2022, the Silverback Pacific Company notified the Coast Guard of an intention to conduct the ‘‘Sail Grand Prix, Season 3’’ in the San Francisco Bay. In response, on March 7, 2023, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ‘‘Special Local Regulation; Sail Grand Prix, Season 3 Race Event; San Francisco, CA’’ (88 FR 14309). There we stated why we issued the NPRM and invited comments on our proposed regulatory action related to this proposed sailing race. During the comment period that ended April 7, 2023, 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 the public interest because in order to ensure the public and participant’s safety we must establish the special local regulation before commencement of the Sail Grand Prix race activities starting May 4, 2023. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041. The COTP San Francisco has determined this special local regulation to be necessary to keep persons and vessels away from the sailing race vessels, which exhibit unpredictable maneuverability and have demonstrated a likelihood during the simulation of VerDate Sep<11>2014 15:44 Apr 24, 2023 Jkt 259001 racing scenarios for capsizing. This special local regulation will help prevent injuries and property damage that may be caused upon impact with these fast-moving vessels. The provisions of this temporary Special Local Regulation will not exempt racing vessels from any Federal, State, or local laws or regulations, including Nautical Rules of the Road. 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. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM, which was published March 7, 2023. In the Discussion of the Proposed Rule section of the NPRM, we incorrectly stated the proposed rule would establish a waterfront passage area, which was not included further in the Discussion or the regulatory text. This was added in error. The Coast Guard does not intend to establish a waterfront passage area within this special local regulation. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a special local regulation associated with the Sail Grand Prix race event from noon to 5:30 p.m. each day from May 4, 2023, through May 7, 2023. The areas regulated by this special local regulation will 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 will establish an Official Practice Box Area, an Official Race Box Area, and a Spectator 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′30.5″ N, 122°26′22.6″ W; thence along the shore to 37°48′26.9″ N, 122°26′50.5″ W and thence to the point of beginning. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 24907 Located within this footprint, there will be three separate regulated areas: Zone ‘‘A’’, the Official Practice Box Area; Zone ‘‘B’’, the Official Race Box Area; and Zone ‘‘C’’, the Spectator Area. Zone ‘‘A’’, the Official Practice Box Area, will be marked by colored visual markers. The position of these markers will 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’’ will be used by the race and support vessels during the official practice period on May 4, 2023, and May 5, 2023. Zone ‘‘A’’, the Official Practice Box Area, will be enforced during the official practices from noon to 5:30 p.m. on May 4, 2023, and from noon to 5:30 p.m. on May 5, 2023, or as announced via Broadcast Notice to Mariners. 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, will 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 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 races from noon to 5:30 p.m. on May 6, 2023, and from noon to 5:30 p.m. on May 7, 2023. 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, will 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 managed by marine event sponsor officials. Vessels will be prohibited from anchoring within the confines of Zone ‘‘C.’’ The duration of the establishment of the special local regulation is intended to ensure the safety of vessels in these navigable waters during the scheduled practice and race periods. This temporary special local regulation will temporarily restrict vessel traffic adjacent to the city of San Francisco waterfront in the vicinity of the Golden Gate Bridge and Alcatraz Island and prohibit vessels and persons not participating in the race event from entering the dedicated race area. E:\FR\FM\25APR1.SGM 25APR1 24908 Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations 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 lotter on DSK11XQN23PROD with RULES1 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, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, locations, and duration of the special local regulation. With this special local regulation, the Coast Guard intends to maintain commercial access to the ports through an alternate vessel traffic management scheme. The special local regulation is limited in duration and is limited to a narrowly tailored geographic area with designated and adequate space for transiting vessels to pass when permitted by the COTP or a designated representative. In addition, although this rule restricts access to the waters encompassed by the special local regulation, the effect of this rule will not be significant because the local waterway users will be notified in advance via public Broadcast Notice to Mariners to ensure the special local regulation will result in minimal impact. Therefore, mariners will be able to plan 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 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. The Coast Guard received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule may affect owners and operators of commercial vessels and pleasure craft engaged in recreational activities and sightseeing for a limited duration. This special local regulation will not have a significant economic impact on a substantial number of small entities for the reasons stated in Section V.A above. When the special local regulation is in effect, vessel traffic can safely pass around the regulated area. The maritime public will be advised in advance of this special local regulation via Broadcast Notice to Mariners. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. B. Impact on Small Entities C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 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. 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 VerDate Sep<11>2014 15:44 Apr 24, 2023 Jkt 259001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, 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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a special local regulation that will create regulated areas of limited size and duration that includes defined regulated areas for vessel traffic to pass. It is categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. 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. E:\FR\FM\25APR1.SGM 25APR1 Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add § 100.T11–0122 to read as follows: ■ lotter on DSK11XQN23PROD with RULES1 § 100.T11–0122 Special Local Regulation; Sail Grand Prix 2022 Race Event, San Francisco, CA. (a) Regulated area. 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 latitude 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′30.5″ N, 122°26′22.6″ W; thence along shore 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°49′19″ N, 122°27′19″ W; thence to 37°49′28″ N, 122°25′52″ W; thence to 37°48′40.9″ N, 122°25′43.6″ W; thence to 37°49′7.5″ N, 122°25′13″ W and thence to the point of beginning. These coordinates are the current projected position for the Official Practice Box Area and will also be announced via Broadcast Notice to Mariners. (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 VerDate Sep<11>2014 15:44 Apr 24, 2023 Jkt 259001 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 via Broadcast Notice to Mariners and will be managed by marine event sponsor officials. Vessels shall not anchor within the confines of Zone ‘‘C.’’ (c) Special Local Regulation. The following regulations apply between noon and 5:30 p.m. on the Sail Grand Prix 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 with 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 direction issued. 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 with approval from COTP or designated representative to transit through the associated event zones shall maintain headway and not loiter or anchor within the confines of the regulated area. (5) Rafting and anchoring of vessels is prohibited within the regulated area. (d) Enforcement periods. This special local regulation will be enforced for the official practices and race events from noon to 5:30 p.m. each day from May 4, 2023, through May 7, 2023. At least 24 hours in advance of the official practice and race events commencing on May 4, 2023, 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. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 24909 Dated: April 18, 2023. Taylor Q. Lam, Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco. [FR Doc. 2023–08662 Filed 4–24–23; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2023–0345] Safety Zone; Military Ocean Terminal Concord Safety Zone, Suisun Bay, Military Ocean Terminal Concord, CA Coast Guard, DHS. Notification of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone in the navigable waters of Suisun Bay, off Concord, CA, in support of explosive on-loading to Military Ocean Terminal Concord (MOTCO) from April 26, 2023, through May 5, 2023. This safety zone is necessary to protect personnel, vessels, and the marine environment from potential explosion within the explosive arc. The safety zone is open to all persons and vessels for transitory use, but vessel operators desiring to anchor or otherwise loiter within the safety zone must obtain the permission of the Captain of the Port San Francisco or a designated representative. All persons and vessels operating within the safety zone must comply with all directions given to them by the Captain of the Port San Francisco or a designated representative. SUMMARY: The regulations in 33 CFR 165.1198 will be enforced from 12:01 a.m. on April 26, 2023, until 11:59 p.m. on May 5, 2023. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call, or email Lieutenant Anthony Solares, Coast Guard Sector San Francisco, Waterways Management Division, 415– 399–3585, SFWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone in 33 CFR 165.1198 for the Military Ocean Terminal Concord, CA (MOTCO) regulated area from 12:01 a.m. on April 26, 2023, until 11:59 p.m. on May 5, 2023, or as announced via marine local broadcasts. This safety zone is necessary to protect personnel, vessels, and the marine environment from potential explosion within the explosive arc. The DATES: E:\FR\FM\25APR1.SGM 25APR1

Agencies

[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24906-24909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08662]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0176]
RIN 1625-AA08


Special Local Regulation; Sail Grand Prix, Season 3 Race Event, 
San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation in the navigable waters of the San Francisco Bay in San 
Francisco, CA in support of the San Francisco Sail Grand Prix, Season 3 
race periods. 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 vessels participating in the Sail Grand Prix race event. 
This rulemaking will prohibit persons and vessels from entering, 
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.

[[Page 24907]]


DATES: This rule is effective from May 4, 2023, through May 7, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0176 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 on this rule, 
call, or email Lieutenant Anthony I. Solares, U.S. Coast Guard Sector 
San Francisco Waterways Management Division; 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
COTP Captain of the Port
PATCOM Patrol Commander
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 19, 2022, the Silverback Pacific Company notified the 
Coast Guard of an intention to conduct the ``Sail Grand Prix, Season 
3'' in the San Francisco Bay. In response, on March 7, 2023, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Special 
Local Regulation; Sail Grand Prix, Season 3 Race Event; San Francisco, 
CA'' (88 FR 14309). There we stated why we issued the NPRM and invited 
comments on our proposed regulatory action related to this proposed 
sailing race. During the comment period that ended April 7, 2023, 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 the public interest because in order to 
ensure the public and participant's safety we must establish the 
special local regulation before commencement of the Sail Grand Prix 
race activities starting May 4, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The COTP San Francisco has determined this special local 
regulation to be necessary to keep persons and vessels away from the 
sailing race vessels, which exhibit unpredictable maneuverability and 
have demonstrated a likelihood during the simulation of racing 
scenarios for capsizing. This special local regulation will help 
prevent injuries and property damage that may be caused upon impact 
with these fast-moving vessels. The provisions of this temporary 
Special Local Regulation will not exempt racing vessels from any 
Federal, State, or local laws or regulations, including Nautical Rules 
of the Road.
    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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM, which was 
published March 7, 2023. In the Discussion of the Proposed Rule section 
of the NPRM, we incorrectly stated the proposed rule would establish a 
waterfront passage area, which was not included further in the 
Discussion or the regulatory text. This was added in error. The Coast 
Guard does not intend to establish a waterfront passage area within 
this special local regulation. There are no changes in the regulatory 
text of this rule from the proposed rule in the NPRM.
    This rule establishes a special local regulation associated with 
the Sail Grand Prix race event from noon to 5:30 p.m. each day from May 
4, 2023, through May 7, 2023. The areas regulated by this special local 
regulation will 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 will establish an Official 
Practice Box Area, an Official Race Box Area, and a Spectator 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]48'30.5'' N, 122[deg]26'22.6'' W; thence along the shore to 
37[deg]48'26.9'' N, 122[deg]26'50.5'' W and thence to the point of 
beginning.
    Located within this footprint, there will be three separate 
regulated areas: Zone ``A'', the Official Practice Box Area; Zone 
``B'', the Official Race Box Area; and Zone ``C'', the Spectator Area.
    Zone ``A'', the Official Practice Box Area, will be marked by 
colored visual markers. The position of these markers will 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'' will be used by the race and support vessels during 
the official practice period on May 4, 2023, and May 5, 2023. Zone 
``A'', the Official Practice Box Area, will be enforced during the 
official practices from noon to 5:30 p.m. on May 4, 2023, and from noon 
to 5:30 p.m. on May 5, 2023, or as announced via Broadcast Notice to 
Mariners. 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, will 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 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 races from 
noon to 5:30 p.m. on May 6, 2023, and from noon to 5:30 p.m. on May 7, 
2023. 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, will 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 
managed by marine event sponsor officials. Vessels will be prohibited 
from anchoring within the confines of Zone ``C.''
    The duration of the establishment of the special local regulation 
is intended to ensure the safety of vessels in these navigable waters 
during the scheduled practice and race periods. This temporary special 
local regulation will temporarily restrict vessel traffic adjacent to 
the city of San Francisco waterfront in the vicinity of the Golden Gate 
Bridge and Alcatraz Island and prohibit vessels and persons not 
participating in the race event from entering the dedicated race area.

[[Page 24908]]

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, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
locations, and duration of the special local regulation. With this 
special local regulation, the Coast Guard intends to maintain 
commercial access to the ports through an alternate vessel traffic 
management scheme. The special local regulation is limited in duration 
and is limited to a narrowly tailored geographic area with designated 
and adequate space for transiting vessels to pass when permitted by the 
COTP or a designated representative. In addition, although this rule 
restricts access to the waters encompassed by the special local 
regulation, the effect of this rule will not be significant because the 
local waterway users will be notified in advance via public Broadcast 
Notice to Mariners to ensure the special local regulation will result 
in minimal impact. Therefore, mariners will be able to plan 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 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    This rule may affect owners and operators of commercial vessels and 
pleasure craft engaged in recreational activities and sightseeing for a 
limited duration. This special local regulation will not have a 
significant economic impact on a substantial number of small entities 
for the reasons stated in Section V.A above. When the special local 
regulation is in effect, vessel traffic can safely pass around the 
regulated area. The maritime public will be advised in advance of this 
special local regulation via Broadcast Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, 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 determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
special local regulation that will create regulated areas of limited 
size and duration that includes defined regulated areas for vessel 
traffic to pass. It is categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. 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.

[[Page 24909]]

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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


0
2. Add Sec.  100.T11-0122 to read as follows:


Sec.  100.T11-0122  Special Local Regulation; Sail Grand Prix 2022 Race 
Event, San Francisco, CA.

    (a) Regulated area. 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 latitude 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]48'30.5'' N, 122[deg]26'22.6'' W; thence along shore 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]49'19'' N, 
122[deg]27'19'' W; thence to 37[deg]49'28'' N, 122[deg]25'52'' W; 
thence to 37[deg]48'40.9'' N, 122[deg]25'43.6'' W; thence to 
37[deg]49'7.5'' N, 122[deg]25'13'' W and thence to the point of 
beginning. These coordinates are the current projected position for the 
Official Practice Box Area and will also be announced via Broadcast 
Notice to Mariners.
    (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 via Broadcast Notice to Mariners and 
will be managed by marine event sponsor officials. Vessels shall not 
anchor within the confines of Zone ``C.''
    (c) Special Local Regulation. The following regulations apply 
between noon and 5:30 p.m. on the Sail Grand Prix 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 with 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 direction issued. 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 with approval from COTP or designated representative to 
transit through the associated event zones shall maintain headway and 
not loiter or anchor within the confines of the regulated area.
    (5) Rafting and anchoring of vessels is prohibited within the 
regulated area.
    (d) Enforcement periods. This special local regulation will be 
enforced for the official practices and race events from noon to 5:30 
p.m. each day from May 4, 2023, through May 7, 2023. At least 24 hours 
in advance of the official practice and race events commencing on May 
4, 2023, 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: April 18, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco.
[FR Doc. 2023-08662 Filed 4-24-23; 8:45 am]
BILLING CODE 9110-04-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.