[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Pages 54815-54818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21919]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0736]
RIN 1625-AA00
Safety Zone: America's Cup World Series Regattas, San Francisco
Bay; San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule.
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SUMMARY: The Coast Guard is establishing a safety zone for sailing
regattas to 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 2012 America's Cup World Series regattas
scheduled for October 2-3, 2012. This safety zone is established to
ensure the safety of 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 12:30 p.m. on October 2, 2012 until
4:30 p.m. on October 3, 2012.
[[Page 54816]]
Comments and related material must be received by the Coast Guard
on or before October 9, 2012.
Requests for public meetings must be received by the Coast Guard on
or before September 26, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0736. 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 [email protected]. 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
ACRM America's Cup Race Management
DHS Department of Homeland Security
FR Federal Register
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0736) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0736) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The Coast Guard is issuing this temporary interim 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.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because publishing an NPRM would be impracticable
and contrary to the public interest. The Coast Guard received
notification of the sailing events on July 19, 2012 and the event would
occur before the rulemaking process would be completed. Because of the
dangers posed by the high speeds of the sailing vessels used during the
America's Cup event, the safety zone is necessary to provide for the
safety of mariners transiting the area. For the safety concerns noted,
it is in the public interest to have these regulations in effect during
the event.
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 impracticable and contrary to the
public interest.
C. Basis and Purpose
The legal basis for the proposed temporary rule is the Ports and
Waterways Safety Act which authorizes the Coast Guard to establish
safety zones (33 U.S.C sections 1221 et seq.).
In 2012, the City of San Francisco plans to host two America's Cup
World Series regattas as part of a circuit of sailing events being
conducted at other U.S. and international venues. The first San
Francisco World Series regattas are scheduled to occur August 21-26,
2012. The second World Series regattas are scheduled to occur October
2-7, 2012 and will be held in conjunction with the San Francisco Bay
Fleetweek events as per an official agreement made between the
America's Cup Race Management (ACRM) and the Fleetweek program
coordinators. This rule will regulate the on-water activities for the
America's Cup World Series regattas taking place in October immediately
prior to Fleetweek.
[[Page 54817]]
From October 2-3, 2012, this rule establishes a temporary safety
zone for the sailing events on the waters of San Francisco Bay adjacent
to the City of San Francisco waterfront. From October 4-7, 2012,
America's Cup sailing events will occur inside of the regulated area
established in the existing Fleetweek special local regulation, which
is described in 33 CFR 100.1105(b)(2). This rule does not apply to the
America's Cup sailing that will occur during Fleetweek. This temporary
safety zone is established to ensure the safety of mariners transiting
the area from the dangers associated with the sailing events.
D. Discussion of the Interim Rule
During the first two days of the America's Cup World Series
regattas taking place in October, the Coast Guard will enforce a
temporary safety zone in the navigable 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,
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 (NAD 83). The World Series regattas regulated by this
temporary safety zone are scheduled to take place from 12:30 p.m. until
4:30 p.m. on October 2, 2012 and October 3, 2012. Movement within
marinas, pier spaces, and facilities along the City of San Francisco
waterfront is not regulated by this rule. At the conclusion of the
World Series regattas the safety zone shall terminate.
The effect of the 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.
E. 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 Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
We do not expect the rule to be significant because the safety zone
is limited in duration and is 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 safety zone at times when this zone is 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, and (ii) the maritime public will be advised in advance of this
safety zone via Broadcast Notice to Mariners.
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.
[[Page 54818]]
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). Specifically, this
event was analyzed as part of the environmental assessment for the 34th
America's Cup (available at http://www.americascupnepa.org/documents.html, see p. 2-101, covering the exhibition from September 30
to October 3). Based on our analysis, the Coast Guard has concluded
this action does not individually or cumulatively have a significant
effect on the human environment. A copy of the Finding of No
Significant Impact for this event is available in the docket.
List of Subjects in 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 Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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
2. Add Sec. 165.T11-515 to read as follows:
Sec. 165.T11-515 Safety Zone: America's Cup World Series Regattas,
San Francisco Bay; San Francisco, CA.
(a) Location. This temporary safety zone is established 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. The
safety zone will encompass the navigable waters of the 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,
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.
(b) Enforcement Period. The zone described in paragraph (a) of this
section will be enforced from 12:30 p.m. until 4:30 p.m. on October 2,
2012 and from 12:30 p.m. until 4:30 p.m. on October 3, 2012. The
enforcement period may be curtailed earlier by the Captain of the Port
(COTP). The COTP will notify the maritime community of periods during
which this zone will be enforced via Broadcast Notice to Mariners in
accordance with 33 CFR 165.7.
(c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
(d) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-23A or through
the 24-hour Command Center at telephone (415) 399-3547.
Dated: August 17, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-21919 Filed 9-5-12; 8:45 am]
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