
[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Rules and Regulations]
[Pages 57482-57485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22760]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0741]
RIN 1625-AA00


Safety Zone; America's Cup Aerobatic Box, San Francisco Bay, San 
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing safety zones in the

[[Page 57483]]

navigable waters of the San Francisco Bay near Pier 27 in San 
Francisco, CA in support of 2013 America's Cup air shows. These safety 
zones are established to provide a clear area on the water for pilots 
to initiate maneuvers and also provide for the safety of pilots, 
spectators, and other vessels transiting the area in the unlikely event 
that an aircraft crashes during the air show. All persons or vessels 
are prohibited from entering the safety zones and all persons or 
vessels are prohibited from anchoring or otherwise loitering in the 
area during the scheduled events without the permission of the Captain 
of the Port or their designated representative.

DATES: This rule is effective as to persons with actual notice starting 
September 6, 2013. This rule is effective September 19, 2013, for 
purposes of 5 U.S.C. 552 enforcement. This rule will be in effect until 
September 23, 2013. This rule will be enforced on September 6, 2013 
from 6 p.m. until 7 p.m., September 7, 2013 from 11:30 a.m. until 12:30 
p.m., and any other time an air show event is scheduled to take place 
within the effective period as announced by America's Cup Race 
Management.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2013-0741. 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 Junior Grade Joshua Dykman, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-3585 or email at D11-PF-MarineEvents@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call the Program Manager, Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

ACRM America's Cup Race Management
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking

A. Regulatory History and Information

    On January 30, 2012, the Coast Guard published a notice of proposed 
rulemaking (NPRM) proposing to regulate the on-water activities 
associated with the ``America's Cup World Series'' regattas in 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 (77 FR 04501). After reviewing all comments received in 
response to the NPRM, the Coast Guard published a temporary final rule 
on July 17, 2012, that created a special local regulation (SLR) and 
safety zone, establishing regulated areas on the water to enhance 
safety and maximize access to the affected waterways during the 
America's Cup sailing events (77 FR 41902).
    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.'' Under 5 U.S.C. 553(d)(3), for the same reasons noted 
earlier, the Coast Guard finds that good cause exists for making this 
rule effective less than 30 days after publication in the Federal 
Register. The U.S. Coast Guard was notified on August 02, 2013 that 
America's Cup Race Management (ACRM) was planning on conducting air 
shows in the navigable waters of the San Francisco Bay near Pier 27 on 
several days throughout the month of September, 2013. The America's Cup 
air show activities would occur before the rulemaking process would be 
completed, and delaying the effective date of this rule to allow for a 
comment period would be both impracticable and contrary to the public 
interest because it would inhibit the Coast Guard's ability to protect 
spectators and vessels from the hazards associated aircraft performing 
aerobatic maneuvers in the navigable waters of the San Francisco Bay 
near Pier 27. The safety zones are necessary to provide a clear area on 
the water for pilots to initiate maneuvers and also provide for the 
safety of pilots, spectators, and other vessels transiting the area in 
the unlikely event that an aircraft crashes during the air show. For 
the safety concerns noted, it is in the public interest to have these 
regulations in effect during the event.

B. Basis and Purpose

    The legal basis for the proposed rule is 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, which collectively authorize 
the Coast Guard to establish safety zones.
    The Coast Guard has decided to establish safety zones in the 
navigable waters of the San Francisco Bay near Pier 27 in San 
Francisco, CA in support of America's Cup air shows to mitigate the 
dangers posed by aircraft executing aerobatic maneuvers in the 
navigable waters of the San Francisco Bay near Pier 27.

C. Discussion of the Final Rule

    The Coast Guard is establishing safety zones in the navigable 
waters of the San Francisco Bay near Pier 27 in San Francisco, CA 
during the America's Cup air shows in September of 2013 to ensure the 
safety of pilots participating in the air shows and spectators viewing 
the air show from the water. The safety zones will be effective from 
September 6, 2013 to September 23, 2013.
    The Coast Guard will enforce the safety zones on September 6, 2013 
from 6 p.m. until 7 p.m., September 7, 2013 from 11:30 a.m. until 12:30 
p.m., and any other time an air show event is scheduled to place within 
the effective period as announced by America's Cup Race Management. The 
safety zones will encompass the navigable waters of the San Francisco 
Bay within a shape bounded by the following coordinates: 37[deg]49'12'' 
N, 122[deg]24'10'' W; 37[deg]48'50'' N, 122[deg]24'35'' W; 
37[deg]48'04'' N, 122[deg]23'30'' W; 37[deg]48'26'' N, 122[deg]23'05'' 
W; thence back to the point of origin (NAD 83). At the conclusion of 
the scheduled events the safety zones shall terminate.
    The effect of the safety zones will be to provide a clear area on 
the water for pilots to initiate maneuvers and also provide for the 
safety of pilots, spectators, and other vessels transiting the area in 
the unlikely event that an aircraft crashes during the air show. At the 
conclusion of the scheduled air shows, the safety zones shall 
terminate. Except for persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in safety 
zones.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on numerous statutes and executive orders.

[[Page 57484]]

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.
    We expect the economic impact of this rule does not rise to the 
level of necessitating a full Regulatory Evaluation. The safety zone 
and no loitering area are limited in duration, and are limited to a 
narrowly tailored geographic area. In addition, although this rule 
restricts access to a small section of the waters encompassed by the 
safety zone, the effect of this rule will not be significant because 
the local waterway users will have access to the no loitering area 
during the event. 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 owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing. The safety zones would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. The safety zones would be activated, and 
thus subject to enforcement, for a limited duration. When the safety 
zones are activated, vessel traffic could pass safely around the safety 
zone. The maritime public will be advised in advance of these safety 
zones 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 will 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

    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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone of limited size and 
duration. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant

[[Page 57485]]

Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES.

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. 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 temporary Sec.  165-T11-594 to read as follows:


Sec.  165-T11-594  Safety zone; America's Cup Aerobatic Box, San 
Francisco Bay, San Francisco, CA

    (a) Location. These temporary safety zones are established for the 
navigable waters of the San Francisco Bay near Pier 27 in San 
Francisco, CA as depicted in National Oceanic and Atmospheric 
Administration (NOAA) Chart 18650. The safety zone will encompass the 
navigable waters of the San Francisco Bay within a shape bounded by the 
following coordinates: 37[deg]49'12'' N, 122[deg]24'10'' W; 
37[deg]48'50'' N, 122[deg]24'35'' W; 37[deg]48'04'' N, 122[deg]23'30'' 
W; 37[deg]48'26'' N, 122[deg]23'05'' W; thence back to the point of 
origin (NAD 83).
    (b) Enforcement periods. This section will be enforced on September 
6, 2013 from 6 p.m. until 7 p.m., September 7, 2013 from 11:30 a.m. 
until 12:30 p.m., and any other time an air show event is scheduled to 
take place within the effective period as announced by America's Cup 
Race Management. This section will be in effect until September 23, 
2013. The Captain of the Port San Francisco (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 or via 
actual notice on-scene.
    (c) Regulations. (1) The safety zone is closed to all persons and 
vessels.
    (2) The public can contact Sector San Francisco Bay at (415) 399-
3530 to obtain information concerning enforcement of this rule.
    (d) Enforcement. All persons and vessels must comply with the 
instructions of the COTP or the designated on-scene patrol personnel. 
Patrol personnel comprise commissioned, warrant, and petty officers of 
the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, local, 
state, and federal law enforcement vessels. The U.S. Coast Guard may be 
assisted in the patrol and enforcement of the safety zone by local law 
enforcement as necessary. Upon being hailed by U.S. Coast Guard patrol 
personnel by siren, radio, flashing light, or other means, the operator 
of a vessel must proceed as directed.

    Dated: September 5, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-22760 Filed 9-18-13; 8:45 am]
BILLING CODE 9110-04-P


