[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41902-41909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17305]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG-2011-0551]
RIN 1625-AA00; 1625-AA08
Special Local Regulation and Safety Zone; America's Cup Sailing
Events, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation and
a safety zone for sailing regattas that may be conducted on the waters
of San Francisco Bay adjacent to the City of San Francisco waterfront
in the vicinity of the Golden Gate Bridge and Alcatraz Island. This
rule will regulate the on-water activities associated with the ``2012
America's Cup World Series'' regatta scheduled for August 21-26, 2012;
and the ``Louis Vuitton Cup,'' ``Red Bull Youth America's Cup,'' and
``America's Cup Finals Match'' scheduled to occur in July, August, and
September, 2013. These regulations are necessary to provide for the
safety of life on the navigable waters immediately prior to, during,
and immediately after any regattas that may occur. The regulation will
temporarily restrict vessel traffic in a portion of the San Francisco
Bay, prohibit vessels not participating in the America's Cup sailing
events from entering the designated race area, and create a temporary
safety zone around racing vessels.
DATES: Section 100.T11-0551A is effective from August 21, 2012, until
August 26, 2012. Section 100.T11-0551B is effective from July 4, 2013,
until September 23, 2013. Section 165.T11-0551 is effective from August
21, 2012, until September 23, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2011-0551. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant DeCarol Davis, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, U.S. Coast Guard; telephone
(415) 399-7443, email [email protected]. If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
ACRM America's Cup Race Management
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MEP Marine Event Permit
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rulemaking
NPS National Park Service
VTS Vessel Traffic Service
A. Regulatory History and Information
On January 30, 2012, the Coast Guard published a notice of proposed
rulemaking (NPRM) proposing regulations to protect public safety if the
34th America's Cup sailing races occur, as proposed, in 2012 and 2013
on San Francisco Bay. See 77 FR 4501. The Coast Guard provided a 90-day
period for public comment on the proposed
[[Page 41903]]
regulations, and also accepted public comments that arrived shortly
after the close of that comment period. The Coast Guard also held three
public meetings to gather information pertaining to activities on the
Bay that might be affected by the America's Cup events or related
safety regulations. A record of these meetings is available in the
docket, which you may access following the procedure outlined in the
ADDRESSES section above. We received a total of 77 comments during the
public comment period.
The Coast Guard considered the public input received through the
docket and at these meetings when developing this rule. Typical
comments included the following: the need for clarification on the
dates and times of the races; concern about the effects of the rule on
recreational users' access to the Bay during the events; and general
concerns about the events' impact on commerce. These concerns are
discussed below.
B. Basis and Purpose
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
or marine parade. The Commander of Coast Guard District 11 has
delegated to the Captain of the Port (COTP) San Francisco the
responsibility of issuing such regulations. The COTP also has the
authority to establish safety zones under 33 CFR 1.05-1(f) and 165.5.
The America's Cup Race Management (ACRM) has applied for a Marine
Event Permit (MEP) to hold the 34th America's Cup sailing events on the
waters of San Francisco Bay in California, and that application is
still pending. The Coast Guard's approval of the ACRM permit
application is contingent upon completion of the Environmental
Assessment (EA) of the MEP (referred to in this document as the
``Permitting EA'') under the National Environmental Policy Act (NEPA).
On June 8, 2012, the Permitting EA was made available for public
comment at www.americascupnepa.org. The Permitting EA associated with
the MEP addresses the impact of this rule, as well as other issues. The
Permitting EA was conducted jointly with the National Park Service and
other federal agencies and addresses both land and water environmental
impacts, including the on-water impacts of this special local
regulation and safety zone. To accommodate the additional time required
to complete the Permitting EA, while still providing public notice of
and benefiting from public comment on the safety provisions of this
rule, we conducted this rulemaking before approval of the MEP. As part
of the rulemaking, we provided an environmental analysis of the
specific on-water environmental impacts of the rule (``Rulemaking
EA''). The Permitting EA is broader than, and encompasses the topics
of, the Rulemaking EA.
We anticipate that this special local regulation and safety zone
will be necessary to ensure public safety during the sailing events
should the MEP be approved. If the MEP is not approved, however, we
will withdraw this rule.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard conducted widespread public outreach to better
understand the potential impacts of this rule on commercial operations
and recreational activities on the Bay. To provide the public with an
opportunity to comment on this rulemaking process, the Coast Guard held
three public meetings and established a 90-day comment period. As noted
above, we received a total of 77 comments. Of those comments received,
87 percent came from recreational users, 7 percent came from
environmental organizations, and 6 percent came from commercial vessel
operators.
Comments on Access to the Bay
The majority of comments received from recreational users came from
the boardsailing community, which includes windsurfers and kitesurfers.
Many boardsailors raised concerns about limited waterfront access
adjacent to Crissy Field and the on-water areas near the Golden Gate
Bridge amenable to boardsailing. Boardsailors indicated that the
proposed rule would prevent their launching from Crissy Field, and
environmental organizations raised similar concerns about recreational
access.
In response to comments about waterfront access, this rule modifies
the regulated area for 2012 to allow for more recreational access in
vicinity of Crissy Field. The regulated area for 2012 will be smaller
in size and located further east than the regulated area originally
proposed in the NPRM. The size and location of this regulated area will
encourage spectator-viewing ashore, provide greater recreational access
to the western portion of the Bay near the Golden Gate Bridge, and
minimize crowding in vicinity of Crissy Field. For these reasons, there
is no longer a need for the Coast Guard to establish an ``Area Closed
to All Motorized Vessels and Vessels Greater Than 20 Feet'' in 2012. We
have therefore removed the proposed area from the 2012 special local
regulation. We did not make similar modifications to the 2013 regulated
area, however, because the size and location of that area is
appropriate for the larger, faster vessels to be used in the 2013
events. Because the size and location of the regulated area for 2013
have not changed, the rule will maintain the ``Area Closed to All
Motorized Vessels and Vessels Greater Than 20 Feet'' during the 2013
events.
To address concerns relating to access along the San Francisco
waterfront in 2013, a transit zone will provide access to all the port
facilities along the waterfront as proposed in the NPRM. This transit
zone will enable both commercial and recreational users continued
access to waterfront berths and facilities during the races. Depending
on racing activity or spectator traffic, the Coast Guard may direct the
use of ``follow-me'' boats to guide commercial and recreational users
through the transit zone. To prevent crowding and congestion in this
area, vessels are prohibited from loitering or anchoring in the transit
zone.
Comments on the Enforcement Period
In addition to their concerns pertaining to limited access, many
boardsailors expressed concern about the length of the proposed
enforcement period of the special local regulation, which would have
applied between noon and 5 p.m. on days designated for program events.
Several comments from boardsailors indicated that much of the Bay
Area's recreational boardsailing occurs after the work day during the
week, which coincides with the proposed enforcement period. To address
these concerns, the Coast Guard will modify the effective dates for
2012 and the effective dates and enforcement period for 2013. In this
final rule, we will use the term ``program dates'' instead of ``race
dates'' because some of the scheduled enforcement dates encompass
activities other than racing, such as the opening day ceremonies.
Although the 2012 enforcement period will continue to be from noon
to 5 p.m., the events will be shorter than proposed in the NPRM and
include only 6 days of program activity instead of 12 program days
during a 22 day period. The ACRM has recently proposed to conduct an
additional America's Cup World Series event during the 2012 San
Francisco Bay Fleet Week activities from October 4-7, 2012. If
approved, that event may be covered by an existing regulation for Fleet
Week, but would not be covered by this regulation.
[[Page 41904]]
In response to comments requesting that the enforcement period end
earlier in the day in 2013, we have shifted the enforcement period one
hour earlier to accommodate the recreational community. Enforcement
will occur from 11 a.m. to 4 p.m. on designated program days between
July 4 and September 23, 2013, and not from noon to 5 p.m. as
originally proposed. Not every day during this enforcement period will
be a program day, and enforcement will not occur on days when no
programmed activity is scheduled.
Additionally, as noted in the NPRM, event activity will end earlier
on some program days when fewer races are scheduled. The enforcement
period will not exceed the dates or times specified in the rule.
The Coast Guard received several comments and suggestions about
communicating to the public the dates and times when the rule is being
enforced. For the 2012 races, a program calendar is available in the
docket, and the Coast Guard will use a Broadcast Notice to Mariners
over VHF Channel 16 to announce when enforcement begins and ends on
each program day. For the 2013 races, a finalized program calendar will
be posted in the docket no later than June 1, 2013. For the time being,
a tentative program calendar is available in the docket. Notice of the
finalized 2013 program calendar will be published in the Federal
Register and the Local Notice to Mariners. The Coast Guard will also
use a Broadcast Notice to Mariners to announce when enforcement begins
and ends on each program day in 2013. Based on the public's comments,
the Coast Guard intends to explore social media tools or other means to
help inform and update the public on event activity. The Coast Guard
will work with ACRM, local government agencies, port partners, and
other maritime communities to ensure widest dissemination of
information.
Comments on the Environmental Analysis
In addition to comments on recreational access, we received
comments pertaining to the NEPA Rulemaking EA.
One comment suggested the public comment period for the Rulemaking
EA was too short. The comment period on the Rulemaking EA was designed
to coincide with the comment period for the rule, without delaying this
final rule, and we believe it was adequate because of the limited
subject of this rule and the number and quality of comments we did
receive during the comment period. We also accepted and considered
comments arriving after the close of the comment period on April 30,
2012.
Another comment questioned the adequacy of the Rulemaking EA in
addressing impacts to eelgrass, birds, and other wildlife. These issues
are discussed throughout the Rulemaking EA, including noting the
location of known eelgrass beds in Figure BIO-3. Impact thresholds for
these species are found on pages 4-8 and 4-9 of the Rulemaking EA. The
analysis of impacts to these biological resources is found in the EA on
pages 4-13 through 4-17.
Another comment asked that the Coast Guard describe the marine
protective closures for sensitive resources and prescribe enforcement
methods to ensure wildlife protective areas. We recognize the need to
describe such existing protected areas for public awareness and have
included a figure in the docket that demarcates the only Wildlife
Protection Area (WPA) within the regulated area, at Crissy Field. This
WPA, which extends 300 feet from shore, is established and regulated by
the National Park Service (NPS) to prevent boats and other maritime
activity from disturbing nesting snowy plovers on Crissy Field. During
the America's Cup enforcement periods, we understand the NPS also
intends to establish a 500 feet environmental buffer around Alcatraz
Island, closed to all maritime activity, to protect nesting seabirds
along the western cliffs of the island.
While the Coast Guard will use its authorities to enforce existing
marine environmental protection regulations and provide assistance to
other agencies when requested, the proposed creation of enforcement
authorities, operational strategies for the Crissy Field WPA, or an
environmental buffer proposed by another agency is outside of the scope
of this rule, which is being promulgated to ensure the safety of life
on the navigable waters in accordance with 33 CFR 100.35 and 165.5. Any
new environmental protection regulations would be related to a
determination of environmental harm, which was not found in relation to
the implementation of this special local regulation and safety zone.
Another comment indicated that there were errors in the Rulemaking
EA relating to the 2012 dates and concerns that the project description
is unsettled. The Coast Guard acknowledges that the event dates were
not finalized by the date of the EA and states on pages 1-1 and 1-2 of
the Rulemaking EA that ``The Marine Event Permit cannot be issued at
this time as the details of AC34, including the exact nature of the
sailing event, control measures, race dates, etc., are still being
finalized.'' As noted elsewhere in this discussion, the Permitting EA
associated with the MEP will address the impact of this rule, as well
as other issues.
Similarly, another comment stated that the Rulemaking EA was
procedurally inadequate and that the EA and the special local
regulation are ``segmented.'' The Coast Guard disagrees with this
comment. As described in the Basis and Purpose section above and on
pages 1-1 and 1-2 of the Rulemaking EA, the Coast Guard has made no
decision on the MEP. The Coast Guard's approval of the MEP application
is contingent upon completion of the Permitting EA, which is being
conducted jointly with the NPS and will require more time for
completion as it covers both land and water environmental impacts. As
stated on page 2-1 of the Rulemaking EA, this rule ``is unique among
the other federal permits and approvals and requires a formal
rulemaking process, in accordance with 33 CFR 100 and 165''; therefore,
the Coast Guard determined that in order to accommodate the additional
time required to complete the Permitting EA, while still providing
public notice of and benefiting from public comment on the safety
provisions of this rule, we conducted this rulemaking prior to the
completion of the jointly executed Permitting EA and the approval of
the MEP.
Under these circumstances, the Coast Guard is establishing this
special local regulation and safety zone prior to a decision on the MEP
or the completion of the Permitting EA. The Permitting EA is broader
than, and will encompass the topics of, the Rulemaking EA. If the MEP
is not approved, we will withdraw this rule.
A comment suggested that a full Environmental Impact Statement
(EIS) should be prepared for this project. The Rulemaking EA analyzed
all issues related to the proposed action and found that there would
not be adverse impacts from implementing the SLR; therefore, an EIS is
not required.
Another comment pertaining to the Rulemaking EA stated that Section
1.5 (Summary of Laws) should be amended to include the Migratory Bird
Treaty Act (MBTA). The Coast Guard acknowledges its responsibility as a
Federal agency under the MBTA to protect migratory birds. The
Rulemaking EA on pages 4-17 and 4-18 contains analysis on the effects
of this rule on colonial birds at Alcatraz. It states that ``Because
the proposed action does not add new vessels to the area, and because
the proposed action zone encompasses the
[[Page 41905]]
southwestern portions of Alcatraz during the 2013 events, the effects
of the proposed action are negligible.'' This issue, including a
description of the MBTA and impacts related to colonial birds, is
analyzed in the Permitting EA. This is appropriate because the action
alternatives considered in the Permitting EA could have the potential
to affect colonial birds.
Comments on Commercial Vessel Operations
In addition to those comments received from recreational users and
environmental organizations concerned about the Rulemaking EA, the
Coast Guard also received comments from representatives of the local
maritime industry.
One operator shared concerns pertaining to the shipping industry's
ability to meet work shift schedules. The Coast Guard acknowledges
these concerns and the need for a safe and accessible waterway. The
Coast Guard will make every effort to maximize the efficient use of the
Bay and minimize delays for commercial vessels. As proposed in the
NPRM, shipping traffic may continue to operate using the existing Deep
Water (two-way) Traffic Lane during the America's Cup sailing races.
The Regulated Navigation Area (RNA) specified in 33 CFR 165.1181 would
continue to apply in this area. This RNA contains one-way provisions
for certain vessels such as those greater than 1,600 gross tons
carrying dangerous cargos. At the COTP's discretion, vessels in
addition to those listed in the RNA could be restricted to one-way
traffic as coordinated by the VTS. Such a one-way traffic scheme could
allow more maneuvering space for transiting vessels and may reduce
navigational obstacles.
Another comment expressed concern about the location of the
contingent regulated area and its potential to interfere with shipping
traffic. In the unlikely event that racing is planned in the contingent
regulated area, it will only be conducted with COTP approval. If the
COTP deems that racing would interfere with the commercial shipping
traffic requiring transit through the contingent regulated area, then
the race will be delayed, shortened, or terminated to accommodate
commercial shipping schedules.
We also received a comment from a maritime labor representative
that expressed concern for landside safety and security during the
America's Cup sailing events. Coast Guard response to landside safety
and security issues are outside of the scope of this rulemaking, which
establishes regulations specific to the on-water activities associated
with the marine event.
Ferry vessel operators expressed concern that the proposed
positioning of the transit zone for 2013 does not fully allow ferry
operators to maintain their schedules. For this reason, we are
modifying the coordinates of the eastern portion of the transit zone to
improve access to Piers 31 through 45. The eastern entrances of the
transit zone may also be temporarily closed as races finish, as was
proposed in the NPRM. Vessels are still prohibited from loitering or
blocking the transit area. At the COTP's discretion, vessel movement in
this zone can also be restricted to one-way traffic coordinated by the
Patrol Commander.
We made no changes to the proposed restrictions on Anchorage 7 or
the closure of shipping lanes.
The Coast Guard appreciates the comments and concerns brought
forward during the NPRM public comment period. These comments have been
reviewed, discussed, and incorporated into this rulemaking where
changes were needed.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
Although this rule restricts navigation on San Francisco Bay, these
restrictions will only be in place in a small area for a limited time
on specific dates. The entities most likely to be affected by this rule
are commercial shipping vessels, ferry vessels, fishing vessels and
pleasure craft engaged in recreational activities. We expect this event
to be well publicized so that waterway users are able to plan their
activities in advance to take into account any restrictions.
The rule does not exceed a five-hour period between noon and 5 p.m.
on certain dates and 11 a.m. and 4 p.m. on other dates. On many race
days, the affected period will be shorter. The entities affected will
be permitted to navigate around the restricted area during these
periods, and the rule creates a traffic scheme for doing so. The rule
does not prevent commercial operators from conducting operations during
the America's Cup sailing events. Shipping traffic may operate around
the regulated area using the Deep Water (two-way) Traffic Lane. The San
Francisco VTS will help facilitate the safe and efficient use of the
waterways.
2. Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. 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. We find that the rule has some effect on small
entities, but does not have a significant economic impact on a
substantial number of the entities. This rule affects the following
entities, some of which might be small entities: (i) The owners or
operators of commercial vessels intending to transit, operate, or
anchor in a portion of the San Francisco Bay; and (ii) the owners and
operators of recreational vessels using the regulated portion of San
Francisco Bay.
Although this rule affects these small entities, this rule will not
have a significant economic impact on a substantial number of small
entities for several reasons: (i) This rule will restrict only a small
portion of the waterway for a limited period of time; (ii) vessel
traffic may pass safely around the area; (iii) vessel traffic may pass
through the area with COTP approval; (iv) recreational vessel operators
may use spaces outside of the affected areas; (v) the maritime public
will be advised in advance of this regulated area via Broadcast Notice
to Mariners; and (vi) at times of high traffic density anticipated in
2013, there will be a transit zone implemented to facilitate
navigation. These measures have been implemented during similar marine
events such as Fleet Week and have been successful.
3. Assistance for Small Entities
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
[[Page 41906]]
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action does not individually or cumulatively have a significant
effect on the human environment. A copy of the environmental analysis
is available in the docket.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100 and 165 as follows:
PART 100--REGATTAS AND MARINE PARADES
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add temporary Sec. 100.T11-0551A to read as follows:
Sec. 100.T11-0551A Special Local Regulation; 2012 America's Cup World
Series.
(a) Location. This special local regulation establishes regulated
areas on the waters of San Francisco Bay located in the vicinity of the
Golden Gate Bridge, Alcatraz Island, the City of San Francisco
waterfront, and the Bay Bridge. Movement within marinas, pier spaces,
and facilities along the City of San Francisco waterfront is not
regulated by this rule.
(1) The following area is the Primary Regulated Area for the 2012
America's Cup sailing regattas: All waters of San Francisco Bay bounded
by a line beginning at position 37[deg]48'43'' N, 122[deg]25'11'' W at
the eastern end of Fisherman' s Wharf Breakwater, running east to
position 37[deg]48'43'' N, 122[deg]25'01'' W, running north to position
37[deg]49'07'' N, 122[deg]25'01'' W, running northwest to position
37[deg]49'14'' N, 122[deg]25'12'' W located south of Alcatraz Island,
running west to position 37[deg]49'14'' N, 122[deg]27'13'' W, running
south to position 37[deg]48'23'' N,
[[Page 41907]]
122[deg]27'13'' W, running eastward along the City of San Francisco
shoreline, along the Municipal Pier, east across the mouth of Aquatic
Park cove to the Fisherman' s Wharf breakwater then east along the
breakwater. All coordinates are North American Datum 1983.
(2) The following area is the Contingent Regulated Area for the
2012 America's Cup sailing regattas: All waters of San Francisco Bay
bounded by a line connecting the following coordinates: 37[deg]50'56''
N, 122[deg]24'37'' W; 37[deg]51'24'' N, 122[deg]23'39'' W;
37[deg]51'23'' N, 122[deg]22'58'' W; 37[deg]50'07'' N, 122[deg]22'05''
W; 37[deg]49'54'' N, 122[deg]22'43'' W; 37[deg]49'35'' N,
122[deg]22'46'' W; 37[deg]48'51'' N, 122[deg]22'20'' W; 37[deg]48'52''
N, 122[deg]23'56'' W; 37[deg]49'02'' N, 122[deg]24'43'' W;
37[deg]49'48'' N, 122[deg]24'47'' W; and 37[deg]50'55'' N,
122[deg]24'37'' W. All coordinates are North American Datum 1983.
(b) Enforcement Period. The regulations in this section will be
enforced between the hours of noon and 5 p.m. on designated program
days between August 21, 2012, and August 26, 2012. The enforcement
period may be curtailed earlier by the Captain of the Port (COTP) or
Patrol Commander. Notice of the specific program dates and times will
be issued via Broadcast Notice to Mariners and published by the Coast
Guard in the Local Notice to Mariners and in the Federal Register.
(c) Definitions--(1) Patrol Commander. As used in this section,
``Patrol Commander'' or ``PATCOM'' means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer, or a Federal, State, or local officer designated by the
Captain of the Port San Francisco (COTP) to assist in the enforcement
of the special local regulation.
(2) 2012 Race Area. As used in this section, ``2012 Race Area''
means an area within the Primary Regulated Area bounded by America's
Cup support vessels, which will be marked by prominently displayed
banners.
(3) Contingent Race Area. As used in this section, ``Contingent
Race Area'' means an area within the Contingent Regulated Area bounded
by America's Cup support vessels, which will be marked by prominently
displayed banners.
(d) Special Local Regulations. (1) 2012 Race Area Restrictions. The
2012 Race Area is closed to all unauthorized vessel traffic, except for
those permitted by the COTP or PATCOM.
(2) Contingent Race Area Restrictions. In the event the race area
must be altered to accommodate a north-south wind direction or other
shifts in weather, the restrictions in paragraph (d)(1) of this section
will apply to the Contingent Race Area. In deciding whether to conduct
races in the Contingent Race Area, the COTP will consider commercial
shipping traffic that intends to operate in the Central Bay
Precautionary Area west of Treasure Island. The COTP will issue
Broadcast Notices to Mariners to publicize the use of the Contingent
Race Area.
(3) Requesting Transit through Race Areas. Vessel operators who
desire to enter or operate within the 2012 Race Area or the Contingent
Race Area while those areas are restricted must contact the COTP or
PATCOM to obtain permission to do so. Vessel operators given permission
to enter or operate in those race areas must comply with all directions
given to them by the COTP or PATCOM. Persons and vessels may request
permission to enter a race area on VHF Channel 23A or through the Coast
Guard Sector San Francisco Command Center via telephone at 415-399-
3547.
(4) Closure of Shipping Lanes. Eastbound and Westbound San
Francisco Bay Traffic Lanes will be closed to all vessels greater than
or equal to 100 gross tons. Vessel traffic will be permitted to operate
during the enforcement period using the Deep Water (two-way) Traffic
Lane established in 33 CFR 165.1181. Vessels of 100 gross tons or
greater that need to enter or operate within the closed traffic lanes
shall obtain permission from the COTP by contacting the Vessel Traffic
Service via VHF Channel 14.
(5) Control of Vessel Movement to Ensure Safety. (i) The COTP, or
PATCOM as the designated representative of the COTP, may control the
movement of all vessels operating on the navigable waters of San
Francisco Bay when the COTP has determined that such orders are
justified in the interest of safety by reason of weather, visibility,
sea conditions, temporary port congestion, and other temporary
hazardous circumstances.
(ii) When hailed or signaled by PATCOM, the hailed vessel must come
to an immediate stop and comply with the lawful directions issued.
Failure to comply with a lawful direction may result in additional
operating restrictions, citation for failure to comply, or both.
(iii) The COTP may delay, shorten, or terminate any America's Cup
race at any time it is deemed necessary.
(iv) After termination of the America's Cup races each day, the
Coast Guard will issue a Broadcast Notice to Mariners to publicize the
decision to resume normal operations.
0
3. Add temporary Sec. 100.T11-0551B to read as follows:
Sec. 100.T11-0551B Special Local Regulation; 2013 America's Cup
Sailing Events.
(a) Location. This special local regulation establishes regulated
areas on the waters of San Francisco Bay located in the vicinity of the
Golden Gate Bridge, Alcatraz Island, the City of San Francisco
waterfront, and the Bay Bridge. Movement within marinas, pier spaces,
and facilities along the City of San Francisco waterfront is not
regulated by this rule.
(1) The following area is the Primary Regulated Area for the 2013
America's Cup sailing events: All waters of San Francisco Bay bounded
by a line beginning at position 37[deg]48'12'' N, 122[deg]24'04'' W
located on the foot of Pier 23, running northeast to position
37[deg]48'41'' N, 122[deg]23'16'' W, running northwest to position
37[deg]49'41'' N, 122[deg]24'30'' W located east of Alcatraz Island,
running west to position 37[deg]49'41'' N, 122[deg]27'35'' W, running
southwest to position 37[deg]49'02'' N, 122[deg]28'21'' W, running
south to position 37[deg]48'32'' N, 122[deg]28'21'' W, and running
eastward along the City of San Francisco shoreline ending at position
37[deg]48'12'' N, 122[deg]24'04'' W located on the foot of Pier 23. All
coordinates are North American Datum 1983.
(2) The following area is the Contingent Regulated Area for the
2013 America's Cup sailing events: All waters of San Francisco Bay
bounded by a line connecting the following coordinates: 37[deg]50'56''
N, 122[deg]24'37'' W; 37[deg]51'24'' N, 122[deg]23'39'' W;
37[deg]51'23'' N, 122[deg]22'58'' W; 37[deg]50'07'' N, 122[deg]22'05''
W; 37[deg]49'54'' N, 122[deg]22'43'' W; 37[deg]49'35'' N,
122[deg]22'46'' W; 37[deg]48'51'' N, 122[deg]22'20'' W; 37[deg]48'52''
N, 122[deg]23'56'' W; 37[deg]49'02'' N, 122[deg]24'43'' W;
37[deg]49'48'' N, 122[deg]24'47'' W; and 37[deg]50'55'' N,
122[deg]24'37'' W. All coordinates are North American Datum 1983.
(b) Enforcement Period. The following regulations will be enforced
between the hours of 11 a.m. and 4 p.m. on designated program days
between July 4, 2013, and September 23, 2013. The enforcement period
may be curtailed earlier by the Captain of the Port (COTP) or Patrol
Commander. Notice of the specific program dates and times will be
issued via Broadcast Notice to Mariners and published by the Coast
Guard in the Local Notice to Mariners and in the Federal Register.
(c) Definitions--(1) Patrol Commander. As used in this section,
``Patrol Commander'' or ``PATCOM'' means a Coast Guard Patrol
Commander, including a Coast Guard
[[Page 41908]]
coxswain, petty officer, or other officer, or a Federal, State, or
local officer designated by the Captain of the Port San Francisco
(COTP) to assist in the enforcement of the special local regulation.
(2) 2013 Race Area. As used in this section, ``2013 Race Area''
means an area within the Primary Regulated Area bounded by America's
Cup support vessels, which will be marked by prominently displayed
banners.
(3) Contingent Race Area. As used in this section, ``Contingent
Race Area'' means an area within the Contingent Regulated Area bounded
by America's Cup support vessels, which will be marked by prominently
displayed banners.
(d) Special Local Regulations--(1) 2013 Race Area Restrictions. The
2013 Race Area is closed to all unauthorized vessel traffic, except for
those permitted by the COTP or PATCOM.
(2) Contingent Race Area Restrictions. In the event the race area
must be altered to accommodate a north-south wind direction or other
shifts in weather, the restrictions in paragraph (d)(1) of this section
will apply to the Contingent Race Area. In deciding whether to conduct
races in the Contingent Race Area, the COTP will consider commercial
shipping traffic that intends to operate in the Central Bay
Precautionary Area west of Treasure Island. The COTP will issue
Broadcast Notices to Mariners to publicize the use of the Contingent
Race Area.
(3) Requesting Transit through Race Areas. Vessel operators who
desire to enter or operate within the 2013 Race Area or the Contingent
Race Area while those areas are restricted must contact the COTP or
PATCOM to obtain permission to do so. Vessel operators given permission
to enter or operate in those race areas must comply with all directions
given to them by the COTP or PATCOM. Persons and vessels may request
permission to enter a race area on VHF Channel 23A or through the Coast
Guard Sector San Francisco Command Center via telephone at 415-399-
3547.
(4) Area Closed to All Motorized Vessels and Vessels Greater Than
20 Feet. Within the Primary Regulated Area, the following area is
established for swimmers, rowers, kayakers, and non-motorized vessels
of 20 feet or less: The area bounded by a line beginning at position,
37[deg]48'32'' N, 122[deg]26'24'' W, running west to position
37[deg]48'32'' N, 122[deg]28'00'' W, running northwest to position
37[deg]48'40'' N, 122[deg]28'21'' W, running south to position
37[deg]48'32'' N, 122[deg]28'21'' W, running eastward along the City of
San Francisco shoreline, and ending at the beginning position
37[deg]48'32'' N, 122[deg]26'24'' W. All coordinates are North American
Datum 1983. This area is closed to all motorized vessels and all other
vessels greater than 20 feet. All vessels are prohibited from anchoring
in this designated area.
Note to paragraph (d)(4): This area contains an existing
National Park Service Wildlife Protection Area (WPA), along Crissy
Field extending 300 feet from shore, which is closed to all vessels.
The WPA is established in the Golden Gate National Recreation Area's
2012 Superintendent's Compendium of Designations, Closures, Permit
Requirements and Other Restrictions Imposed under Designated
Authority. The Coast Guard regulation described in this paragraph
does not supersede the National Park Service's existing regulations
for this WPA.
(5) No-Loitering Area. No vessels may anchor or loiter in the
navigable waters south of the 2013 Race Area, east of the area defined
in paragraph (d)(4) of this section, and west of Aquatic Park, except
with the permission of PATCOM.
(6) Transit Zone. Within the Primary Regulated Area, a transit
zone, approximately 200 yards in width, is established along the City
of San Francisco waterfront. The transit zone will begin at the face of
Pier 23, run westward along the pier faces to the Municipal Pier, and
continue westward to the northern boundary of the area defined in
paragraph (d)(4) of this section. This transit zone is bounded by the
following coordinates: 37[deg]48'40'' N, 122[deg]28'21'' W;
37[deg]48'32'' N, 122[deg]28'00'' W; 37[deg]48'32'' N, 122[deg]26'24''
W; 37[deg]48'39'' N, 122[deg]25'27'' W; 37[deg]48'23'' N,
122[deg]25'13'' W; 37[deg]48'41'' N, 121[deg]24'30'' W; 37[deg]48'28''
N, 121[deg]24'04'' W; 37[deg]48'17'' N, 121[deg]23'54'' W;
37[deg]48'21'' N, 122[deg]23'49'' W; 37[deg]48'33'' N, 122[deg]24'00''
W; 37[deg]48'36'' N, 122[deg]24'07'' W; 37[deg]49'15'' N,
122[deg]24'00'' W; 37[deg]49'21'' N, 122[deg]24'05'' W; 37[deg]48'48''
N, 122[deg]24'40'' W; 37[deg]48'49'' N, 122[deg]25'16'' W;
37[deg]48'37'' N, 122[deg]26'22'' W; 37[deg]48'37'' N, 122[deg]28'00''
W; 37[deg]48'47'' N, 122[deg]28'21'' W; (NAD 83). This transit zone is
for vessels that need to access pier space or facilities at, or to
transit along, the City of San Francisco waterfront. It may be marked
by America's Cup support vessels. No vessel may anchor, block, loiter
in, or otherwise impede transit in the transit zone. In the event the
eastern sections of the transit zone are temporarily closed for vessel
safety as races finish, vessels must follow the procedures in paragraph
(d)(3) of this section to request access.
(7) Anchorage 7 Restrictions. No vessel may anchor in Anchorage No.
7, delineated at 33 CFR 110.224(e)(4), except with the permission of
the COTP. Vessels encountering emergencies that require anchoring in
Anchorage 7 should contact the Sector San Francisco Vessel Traffic
System (VTS) on VHF Channel 14.
(8) Closure of Shipping Lanes. Eastbound and Westbound San
Francisco Bay Traffic Lanes will be closed to all vessels greater than
or equal to 100 gross tons. Vessel traffic will be permitted to operate
during the America's Cup sailing races using the Deep Water (two-way)
Traffic Lane established in 33 CFR 165.1181. Vessels of 100 gross tons
or greater that need to enter or operate within the closed traffic
lanes shall obtain permission from the COTP by contacting the VTS via
VHF Channel 14.
(9) Control of Vessel Movement to Ensure Safety. (i) The COTP, or
PATCOM as the designated representative of the COTP, may control the
movement of all vessels operating on the navigable waters of San
Francisco Bay when the COTP has determined that such orders are
justified in the interest of safety by reason of weather, visibility,
sea conditions, temporary port congestion, and other temporary
hazardous circumstances.
(ii) When hailed or signaled by PATCOM, the hailed vessel must come
to an immediate stop and comply with the lawful directions issued.
Failure to comply with a lawful direction may result in additional
operating restrictions, citation for failure to comply, or both.
(iii) The COTP may delay, shorten, or terminate any America's Cup
race at any time it is deemed necessary to ensure safety.
(iv) After termination of the America's Cup races each day, the
Coast Guard will issue a Broadcast Notice to Mariners to publicize the
decision to resume normal operations.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
4. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
5. Add a new temporary section Sec. 165.T11-0551 to read as follows:
Sec. 165.T11-0551 Safety Zone; America's Cup Sailing Events.
(a) Definitions--(1) America's Cup Racing Vessel. As used in this
section, ``America's Cup Racing Vessel'' means
[[Page 41909]]
an official competing vessel of the 34th America's Cup sailing events.
(2) Patrol Commander. As used in this section, ``Patrol Commander''
or ``PATCOM'' means a Coast Guard Patrol Commander, including a Coast
Guard coxswain, petty officer, or other officer, or a Federal, State,
or local officer designated by the Captain of the Port San Francisco
(COTP) to assist in the enforcement of the safety zone.
(b) Location and enforcement period. A safety zone extends 100
yards around America's Cup Racing Vessels from noon until 5 p.m. on
program days between August 21, 2012, and August 26, 2012; and from 11
a.m. until 4 p.m. on program days between July 4, 2013, and September
23, 2013. The enforcement period may be curtailed earlier by the
Captain of the Port (COTP) or Patrol Commander. Notice of the specific
program dates and times will be issued via Broadcast Notice to Mariners
and published by the Coast Guard in the Federal Register.
(c) Regulations. (1) The provisions of 33 CFR 165.23 apply to this
safety zone. No person or vessel underway may enter or remain within
100 yards of an America's Cup Racing Vessel unless authorized by
PATCOM.
(2) This safety zone shall not relieve any vessel, including
America's Cup Racing Vessels, from the observance of the Navigation
Rules.
(3) To request authorization to operate within 100 yards of an
America's Cup Racing Vessel, contact PATCOM on VHF Channel 23A.
(4) When conditions permit, PATCOM should:
(i) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within 100 yards of
America's Cup Racing Vessels in order to ensure a safe passage in
accordance with the Navigation Rules; and
(ii) Permit vessels anchored in a designated anchorage area to
remain at anchor when within 100 yards of a passing America's Cup
Racing Vessel.
Dated: July 9, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-17305 Filed 7-16-12; 8:45 am]
BILLING CODE 9110-04-P