[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Rules and Regulations]
[Pages 41902-41909]
From the Federal Register Online via the Government Printing 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 DeCarol.A.Davis@uscg.mil. 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