[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Rules and Regulations]
[Pages 31730-31732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11170]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0339]
RIN 1625-AA08


Special Local Regulation; Escape From Alcatraz Triathlon, San 
Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary local regulation 
for the navigable waters on the San Francisco Bay. The special local 
regulation is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the Escape from Alcatraz 
Triathlon marine event. This special local regulation will temporarily 
prohibit persons and vessels from entering, transiting through, 
anchoring in, or remaining within the regulated area unless authorized 
by the Captain of the Port San Francisco or a designated 
representative. This regulation is necessary to provide safety of life 
on the navigable waters during the event, which will be held on June 5, 
2022.

DATES: This rule is effective on June 5, 2022, from 6:30 a.m. until 10 
a.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0339 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Shannon Curtaz-Milian, U.S. Coast Guard District 11, 
Sector San Francisco, at 415-399-3585, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 we must establish this regulation by 
June 5, 2022, and lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing this rule.
    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. Delaying the effective date of 
this rule would be contrary to public interest because immediate action 
is needed to ensure the safety of the participants and vessels during 
the Escape from Alcatraz Triathlon on June 5, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector San 
Francisco

[[Page 31731]]

(COTP) has determined that potential hazards associated with the Escape 
from Alcatraz Triathlon marine event on June 5, 2022, will be a safety 
concern from Alcatraz Island to St. Francis Yacht Club for three and a 
half hours. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the special local 
regulation while the event is taking place.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 6:30 a.m. 
until 10 a.m. on June 5, 2022. The special local regulation will cover 
all navigable waters in the vicninity of the marine event, Escape from 
Alcatraz Triathon, taking place near Alcatraz Island to St. Francis 
Yacht Club. The duration of the special local regulation is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters while the event is taking place. No vessel or person 
will be permitted to enter the regulated area without obtaining 
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, duration, and the time-of-day of the special local 
regulation. This special local regulation would impact a small 
designated area of the San Francisco Bay for a short duration and 
vessel traffic will be able to transit after the time of the event. 
Moreover the Coast Guard will issue a Broadcast the Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow vessels to 
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. 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.
    When the special local regulation is in effect, vessel traffic can 
pass safely around the regulated area. The maritime public will be 
advised in advance of this special local regulation via Broadcast 
Notice to Mariners.
    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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(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 
special local regulation lasting only 3 and a half hours that will 
prohibit entry within a marine event in the area of Alcatraz Island to 
Saint Francis Yacht Club. It is categorically excluded from further 
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. For instructions on locating the docket, 
see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

[[Page 31732]]

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T11-095 to read as follows:


Sec.  100.T11-095   Special Local Regulation; Escape from Alcatraz 
Triathlon, San Francisco Bay, San Francisco, CA.

    (a) Regulated area. The regulations in this section apply to the 
following area: All waters of the San Francisco Bay From Alcatraz 
Island to Saint Francis Yacht Club.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port San Francisco (COTP) 
in the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event 
sponsor as a participants in the marine event.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the Captain of the Port Sector San Francisco or their 
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by phone at 1-415-399-3547. Those in the regulated area 
must comply with all lawful orders or directions given to them by the 
COTP or the COTP's designated representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via broadcast notice to mariners.
    (d) Enforcement period. This section will be enforced on June 5, 
2022, from 6:30 a.m. to 10 a.m.

    Dated: May 18, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2022-11170 Filed 5-24-22; 8:45 am]
BILLING CODE 9110-04-P


