[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Rules and Regulations]
[Pages 50373-50376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20465]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2011-0551]
RIN 1625-AA00; 1625-AA08
Special Local Regulation and Safety Zone; America's Cup World
Series Regattas, San Francisco Bay; San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard has established a special local regulation and
a safety zone for sailing events scheduled to occur 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 revise the start time for enforcement on August 26, 2012, to 11:30
a.m. instead of noon. This
[[Page 50374]]
change will protect mariners transiting the area from the dangers
associated with the sailing events. Unauthorized persons or vessels are
prohibited from entering into, transiting through, or remaining in the
safety zone without permission of the Captain of the Port or their
designated representative.
DATES: This rule is effective from August 21, 2012, until August 26,
2012.
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
temporary rule, call or email Lieutenant DeCarol Davis, U.S. Coast
Guard Sector San Francisco; telephone (415) 399-7443 or email at D11-PF-MarineEvents@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
APA Administrative Procedure Act
ACRM America's Cup Race Management
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On July 17, 2012, the Coast Guard published a temporary final rule
regulating the on-water activities associated with the ``2012 America's
Cup World Series'' regatta scheduled to occur August 21-26, 2012 (77 FR
41902). That rule created a special local regulation and safety zone to
be enforced from noon until 5 p.m. on those days.
On August 11, 2012, the Coast Guard received notification from
America's Cup Race Management (ACRM) that the race scheduled to occur
on August 26, 2012, would begin 30 minutes earlier in order to maintain
schedules for television coverage and broadcasting. Regulating on-water
activities associated with the regatta during those 30 minutes is
necessary to protect the public from the dangers posed by the high
speeds of the sailing vessels operating during this media coverage. The
time remaining before the scheduled August 26th race does not allow for
public comment on this change. Publishing a rule is in the public's
interest, however, to provide for the safety of mariners transiting the
area and to notify the public of planned on-water activities. The
timing of enforcement also was addressed in public comments the Coast
Guard received and considered in development of the rule published on
July 17, and based on those comments the Coast Guard believes that
starting enforcement 30 minutes earlier on one day will not interfere
with other waterway uses.
Accordingly, the Coast Guard is issuing this temporary final rule
without prior notice and opportunity to comment pursuant to authority
under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' For the reasons described above, the
Coast Guard finds under 5 U.S.C. 553(b)(B) that good cause exists for
not publishing a notice of proposed rulemaking (NPRM) with respect to
this rule because publishing an NPRM would be contrary to the public
interest.
Similarly, under 5 U.S.C. 553(d)(3), the Coast Guard finds that
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. For the reasons stated
above, delaying the effective date would be contrary to the public
interest.
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.
From August 21-26, 2012, the City of San Francisco plans to host
America's Cup World Series regattas as part of a circuit of sailing
events being conducted at other U.S. and international venues. On July
17, 2012, the Coast Guard published a temporary final rule establishing
a special local regulation and temporary safety zone to govern these
events from noon to 5 p.m. (77 FR 41902); however, the events on August
26, 2012, will start earlier to maintain the event's television
broadcast schedule. To protect the public during this media coverage,
the Coast Guard is revising the enforcement provisions of the July 17
rule to provide for enforcement from 11:30 a.m. until 5 p.m. on August
26, 2012. This change is necessary to ensure the safety of mariners
transiting the area from the dangers associated with the sailing
events.
C. Discussion of the Temporary Final Rule
The location and restrictions of the special local regulation
established at 33 CFR 100.T11-0551A and the safety zone established at
33 CFR 165.T11-0551 remain as they were published on July 17, 2012, and
are not changed by this rule. The enforcement periods of both the
special local regulation and the safety zone are revised to reflect
enforcement from 11:30 a.m. until 5 p.m. on August 26, 2012, instead of
from noon until 5 p.m. as originally established. Enforcement on the
other program days in 2012 and 2013 is not affected by this rule.
The effect of the special local regulation and temporary safety
zone will be to restrict navigation in the vicinity of the America's
Cup sailing events. Except for persons or vessels authorized by the
Coast Guard Patrol Commander, no person or vessel may enter or remain
in the restricted area. These regulations are needed to keep mariners
and vessels away from the immediate vicinity of the high-speed sailing
vessels participating in America's Cup. Movement within marinas, pier
spaces, and facilities along the City of San Francisco waterfront is
not regulated by this rule.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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 that Executive Order 12866
or under section 1 of Executive
[[Page 50375]]
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 for an additional 30 minutes on one
day, and are limited to a narrowly tailored geographic area. In
addition, although this rule restricts access to the waters encompassed
by the safety zone, the effect of this rule will not be significant
because the local waterway users will be notified via public Broadcast
Notice to Mariners to ensure the safety zone will result in minimum
impact. The entities most likely to be affected are waterfront
facilities, commercial vessels, and pleasure craft engaged in
recreational activities.
2. Impact on 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
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule may affect the following entities, some of which may be small
entities: Owners and operators of waterfront facilities, commercial
vessels, and pleasure craft engaged in recreational activities and
sightseeing, if these facilities or vessels are in the vicinity of the
special local regulation and safety zone at times when they are being
enforced. This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i)
This rule will encompass 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; and (v) the maritime public will be advised in
advance via Broadcast Notice to Mariners. 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 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 calls for no 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it 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
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 assessment
is available in the docket.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
[[Page 50376]]
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. Revise paragraph (b) of Sec. 100.T11-0551A to read as follows:
Sec. 100.T11-0551A Special Local Regulation; 2012 America's Cup World
Series.
* * * * *
(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 25, 2012, and between 11:30
a.m. and 5 p.m. on 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.
* * * * *
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. 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, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
4. Effective from August 21, 2012, until August 26, 2012, suspend
paragraph (b) of Sec. 165.T11-0551 and add paragraph (d) to read as
follows:
Sec. 165.T11-0551 Safety Zone; America's Cup Sailing Events.
* * * * *
(d) 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 25, 2012; from 11:30
a.m. until 5 p.m. on 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.
* * * * *
Dated: August 14, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-20465 Filed 8-17-12; 4:15 pm]
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