
[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Pages 54815-54818]
From the Federal Register Online via the Government Printing 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 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

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]
BILLING CODE 9110-04-P


