[Federal Register Volume 63, Number 168 (Monday, August 31, 1998)]
[Proposed Rules]
[Pages 46206-46209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23372]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD11-98-007]
RIN 2115-AE46
Special Local Regulations; Northern California Annual Marine
Events
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to remove a number of outdated
sections of Special Local Regulations in 33 CFR part 100 and replace
them with a single section containing an updated master list of
recurring marine events in Northern California, including various
fireworks demonstrations, for which Special Local Regulations are
required. The Special Local Regulations are necessary to control vessel
traffic within the immediate vicinity of these marine events to ensure
the safety of life and property during each event. The comprehensive,
permanent listing will enable mariners and members of the public to
better anticipate major marine events, and will also greatly ease the
administration of these marine events by the Coast Guard.
DATES: Comments should be received on or before October 30, 1998.
ADDRESSES: Comments may be mailed to Petty Officer Douglas Adams, U.S.
Coast Guard Group San Francisco, Yerba Buena Island, San Francisco,
California, 94130-9309, or delivered to the same address between 9 and
5 pm., Monday through Friday, except holidays. The telephone number is
(415) 399-3440.
Commander, Coast Guard Group San Francisco maintains the public
docket for this rulemaking. Comments, and any documents referenced in
this preamble, will become part of this docket and will be available
for inspection and copying at Group San Francisco between 9 a.m. and 5
p.m., Monday through Friday, except holidays. Please call before
visiting.
FOR FURTHER INFORMATION CONTACT:
Petty Officer Douglas Adams, U.S. Coast Guard Group San Francisco,
Yerba Buena Island, San Francisco, California, 94130-9309. The
telephone number is (415) 399-3440.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views or arguments. Persons
submitting comments should include their names
[[Page 46207]]
and addresses, identifying this rulemaking (CGD11-98-007) and the
specific section of this document to which each comment applies, and
give the reason for each comment. Please submit all comments and
attachments in unbound format, no larger than 8.5 by 11 inches,
suitable for copying and electronic filing. Persons wanting
acknowledgment of receipt of comments should enclose stamped, self-
addressed postcards or envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposed rule in view of the
comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to Coast Guard San Francisco at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it determines that the opportunity for oral
presentations will aid in this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
In accordance with the Coast Guard's responsibility to promulgate
special local regulations to insure the safety of life and protection
of property on the navigable waters where marine events are held,
Commander, Eleventh Coast Guard District, proposes to replace the
outdated text of 33 CFR 100.1103 with a complete table of the annually
recurring marine events in the Northern California area. The
regulations currently contained in 33 CFR 100.1104 and 33 CFR 100.1203,
which have also become outdated, will be deleted and superseded by the
new text of 33 CFR 100.1103 as part of this proposal as well.
Discussion of Proposed Rule
To streamline the administration of its safety enforcement
responsibilities the Coast Guard proposes to revise 33 CFR 100.1103.
The current text will be deleted and new Special Local Regulations will
replace its content. Within this section will be a listing of recurring
marine events involving marine regattas and races, non-competitive
marine parades, and fireworks displays for which, in the interest of
public safety, Special Local Regulations are required. This listing
will be placed under the heading ``Table 1''.
Generic requirements for all Special Local Regulations will be
explained in the paragraphs that precede Table 1. Any requirements that
are event-specific will accompany the individual listings to which they
apply in Table 1. Notification of the implementation of these Special
Local Regulations for the duration of each individual event will be
effectuated by announcement in the Local Notice to Mariners, as well as
by publication in the Federal Register when practicable and/or
otherwise required. This list of regulated events does not necessarily
reflect all recurring marine events in the Northern California area.
Only those recurring events that the Coast Guard has knowledge of, and
that are necessary to ensure the safety of life and protection of
property on the navigable waters of Northern California, are listed.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
Section 3(f) of Executive Order 12886 and does not require assessment
of potential cost and benefits under Section 6(a)(3) of that Order. It
has been exempted from review of the Office of Management and Budget
under that Order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, 1979). Due to the short duration of these marine events
and the advance notice provided to the maritime community, the Coast
Guard expects the economic impact of this regulation to be so minimal
that a full Regulatory Evaluation under Paragraph 10(a) of the
regulatory policies and procedures of the Department of Transportation
is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposed rule, if adopted, will
have a significant economic impact on a substantial number of small
entities. ``Small entities'' may include small businesses, not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations less than 50,000.
Because it expects the impact of this proposal to be so minimal,
the Coast Guard certifies under Section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this proposal, if adopted,
will not have a substantial impact on a significant number of small
entities. If, however, a business or organization feels it qualifies as
a small entity and that this proposed rule will have a significant
economic impact on its business or organization, comments may be
submitted (see ADDRESSES) explaining why the business qualifies, and in
what way and to what degree this proposed rule will economically affect
it.
Assistance for Small Entities
In accordance with 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this proposal so that
they can better evaluate its effects on them and participate in the
rulemaking process. If your small business or organization is affected
by this rule and you have questions concerning its provisions or
options for compliance, please contact Petty Officer Douglas Adams,
U.S. Coast Guard Group San Francisco at (415) 399-3440.
Collection of Information
This proposed rule contains no collection of information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Federalism
The Coast Guard has analyzed this proposed rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
proposed rule and concluded that under Chapter 2.B.2. of Commandant
Instruction M16475.1C, Figure 2-1, paragraph (35), it will have no
significant environmental impact and it is categorically excluded from
further environmental documentation. The individual events listed in
Table 1 have, in connection with the marine events permit process,
either been environmentally assessed and found to have no significant
impact, or are otherwise categorically excluded from further
environmental documentation. For those events that are not
categorically excluded from further environmental documentation,
Environmental Assessments and Findings of No Significant Impact have
been prepared and are available for inspection and copying at the
location listed under ADDRESSES. For those events that are
categorically excluded from further environmental documentation,
environmental assessment checklists and Categorical Exclusion
Determinations have, when required, been prepared. They are also
available for inspection and copying at the location listed under
ADDRESSES.
[[Page 46208]]
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this proposed rule will result in an
annual expenditure by state, local, and tribal governments, in the
aggregate of $100 million (adjusted annually for inflation). If so, the
Act requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternatives that achieves the
objective of the rule be selected.
No state, local, or tribal government entities will be affected by
this rule, so this rule will not result in annual or aggregate costs of
$100 million or more. Therefore, the Coast Guard is exempt from any
further regulatory requirements under the Unfunded Mandates Act.
List of Subjects in 33 CFR Part 100
Regattas and Marine Parades.
Proposed Regulation
As set forth in the preamble, the Coast Guard proposes to amend 33
CFR Part 100 as follows:
PART 100--MARINE EVENTS
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR
100.35.
Sec. 100.1104 [Removed]
2. Remove Sec. 100.1104.
Sec. 100.1203 [Removed]
3. Remove Sec. 100.1203.
4. Revise Sec. 100.1103 to read as follows:
Sec. 100.1103 Northern California Annual Marine Events
(a) Special local regulations are established for the events listed
in Table 1. Further information on exact dates, times, details
concerning number and type of participants, and an exact geographical
description of the regulated area for each event is published by the
Eleventh Coast Guard District in the Local Notice to Mariners. Sponsors
of events listed in Table 1 of this section must submit an application
each year as required by section 100.15 of this part to Commander,
Coast Guard Group San Francisco, Yerba Buena Island, San Francisco, CA
94130-9309.
(b) The areas in which these marine events take place are
designated ``regulated areas'' during the dates and/or times set forth
for each event in Table 1. No vessels of any type, except those
approved by Commander, Coast Guard Group San Francisco, or his/her
designated representatives, will be allowed in these areas.
(c) All persons and/or vessels not registered with the sponsor as
participants or with Commander, Coast Guard Group San Francisco as
official patrol vessels are considered spectators. The ``official
patrol'' consists of any Coast Guard, other Federal, state or local law
enforcement, and any public and/or sponsor-provided vessels assigned
and/or approved by Commander, Coast Guard Group San Francisco, to
patrol each event.
(1) No spectator shall transit through, anchor, block, loiter in,
nor impede the through transit of participants of official patrol
vessels, in the regulated areas during all applicable effective dates
and times, unless cleared for such entry or activity by or through an
official patrol vessel.
(2) When hailed and/or signaled by an official patrol vessel, any
spectator located within a regulated area during all applicable
effective dates and times shall come to an immediate stop.
(d) The ``Patrol Commander'' (PATCOM) will be the lead official
patrol vessel and shall have on board a U.S. Coast Guard commissioned
officer, warrant officer or petty officer to act as the Group
Commander's official representative.
(1) The Patrol Commander (PATCOM) may forbid or control the
movement of all vessels in the regulated area. The Patrol Commander
shall be designated by Commander, Coast Guard Group San Francisco. As
the Group Commander's representative, the PATCOM may terminate the
event any time it is deemed necessary for the protection of life and
property. PATCOM may be reached on VHF-FM Channel 13 (156.65 MHz) when
required, by the call sign ``PATCOM''.
(2) The Patrol Commander may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
Table 1
Golden Gate Challenge
Sponsor: Pacific Offshore Powerboat Racing Association.
Event Description: Professional high-speed powerboat race.
Date: Saturday or Sunday in April.
Location: San Francisco waterfront to south tower of Golden Gate
Bridge.
Regulated Area: 37 deg.-49'-10'' N, 122 deg.-24'-07'' W; thence
to 37 deg.-48'-50'' N, 122 deg.-24'-07'' W; thence to
37 deg.-48'-56'' N, 122 deg.-28'-48'' W, thence to 37 deg.-48'-48''
N, 122 deg.-28'-48'' W, thence returning to the point of origin.
Blessing of the Fleet, San Francisco Bay
Sponsor: Corinthian Yacht Club.
Event Description: Boat parade during which vessels pass by a
pre-designated platform or vessel.
Date: Last Sunday in April.
Location: Raccoon Strait.
Regulated Area: The area between a line drawn from Bluff Point
on the southeastern side of Tiburon Peninsula to Point Campbell on
the northern edge of Angel Island, and a line drawn from Peninsula
Point on the southern edge of Tiburon Peninsula to Point Stuart on
the western edge of Angel Island.
Opening Day on San Francisco Bay
Sponsor: Pacific Inter-Club Yacht Association.
Event Description: Boat parade during which vessels pass by a
pre-designated platform or vessel.
Date: Last Sunday in April.
Location: San Francisco waterfront from Crissy Field to Pier 35.
Regulated Area: The area defined by a line drawn from Fort Point
(37 deg.-48.66'N, 122 deg.-28.64'W) 079 deg. True for approximately
5,000 yards to a point located at 37 deg.49.15''N, 122 deg.-25.61'W,
thence 091 deg. True to the Blossom Rock Bell Buoy (in approximate
position 37 deg.-49.10'N, 122 deg.-24.20'W), thence 200 deg. True to
the northeastern corner of Pier 35.
Special Requirements. All vessels entering the regulated area
shall follow the parade route established by the sponsor and be
capable of maintaining an approximate speed of 6 knots.
Commercial Vessel Traffic Allowances. The parade will be
interrupted, as necessary, to permit the passage of commercial
vessel traffic. Commercial traffic must cross the parade route at a
no-wake speed and perpendicular to the parade route.
KFOG Sky Concert
Sponsor: KFOG Radio, San Francisco.
Event Description: Fireworks display.
Date: Last Saturday in May.
Location: Approximately 1,000 feet off of Pier 30/32.
Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.
Fourth of July Celebration
Sponsor: Port of Oakland.
Event Description: Fireworks display.
Date: July 4th.
Location: Oakland Estuary off of Jack London Square.
Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.
Fourth of July Fireworks, City of Monterey
Sponsor: City of Monterey Recreation and Community Services
Department.
Event Description: Fireworks display.
Date: July 4th.
Location: Monterey Bay, east of Municipal Wharf #2.
Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.
Fourth of July Fireworks, City of Sausalito
Sponsor: City of Sausalito.
Event Description: Fireworks display.
[[Page 46209]]
Date: July 4th.
Location: 1,000 feet offshore from the Sausalito waterfront,
north of Spinnaker Rest.
Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.
Fourth of July Fireworks, Lake Tahoe
Sponsor: Anchor Trust.
Event Description: Fireworks display.
Date: July 4th.
Location: 1,000 feet off of Incline Village, Nevada, in Crystal
Bay.
Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.
Fourth of July Fireworks, South Lake Tahoe Gaming Alliance
Sponsor: Harrah's Lake Tahoe.
Event Description: Fireworks display.
Date: July 4th.
Location: Off of South Lake Tahoe, California, near the Nevada
border.
Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.
Independence Day Fireworks
Sponsor: North Tahoe Fire Protection District.
Event Description: Fireworks display.
Date: July 4th.
Location: Offshore from Kings Beach State Beach.
Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.
July 4th Fireworks Display
Sponsor: North Tahoe Fire Protection District.
Event Description: Fireworks display.
Date: July 4th.
Location: Offshore of Common Beach, Tahoe City, California
Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.
San Francisco Chronicle Fireworks Display
Sponsor: San Francisco Chronicle.
Event Description: Fireworks display.
Date: July 4th.
Location: San Francisco, 1,000 feet off Municipal Pier and Pier
39.
Regulated Area: Black Point: 37 deg.48'30'' N, 122 deg.25'42'' W
thence to NW Corner: 37 deg.48'52'' N, 122 deg.25'42'' W thence to
NE Corner: 37 deg.49'10'' N, 122 deg.24'30'' W thence to SE Corner:
37 deg.48'42'' N, 122 deg.24'30'' W.
Vallejo Fourth of July Fireworks
Sponsor: Vallejo Marina.
Event Description: Fireworks display.
Date: July 4th.
Location: Mare Island Strait.
Regulated Area: That area of navigable waters within a 1,000-
foot radius of the launch platform.
Race the Straits
Sponsor: Pacific Offshore Powerboat Racing Association.
Event Description: Professional high-speed powerboat race.
Date: Sunday in July.
Location: Carquinez Strait and San Pablo Strait.
Regulated Area: 38 deg.02'12'' N, 122 deg.08'31'' W thence to
38 deg.02'38'' N, 122 deg.10'00'' W thence to 38 deg.03'20'' N,
122 deg.10'20'' W thence to 38 deg.03'47'' N, 122 deg.13'32'' W
thence to 38 deg.03'36'' N, 122 deg.17'37'' W thence to
38 deg.03'19'' N, 122 deg.17'34'' W thence to 38 deg.03'35'' N,
122 deg.13'32'' W thence to 38 deg.03'24'' N, 122 deg.12'01'' W
thence to 38 deg.02'58'' N, 122 deg.10'58'' W thence to
38 deg.01'55'' N, 122 deg.09'47'' W thence to 38 deg.01'58'' N,
122 deg.08'31'' W thence returning to the point of origin.
Delta Thunder
Sponsor: Pacific Offshore Powerboat Racing Association.
Event Description: Professional high-speed powerboat race.
Date: Sunday in September.
Location: Off Pittsburgh, California, in the waters around
Winter Island and Brown Island.
Regulated Area: The entire water area of Suisun Bay east of a
line drawn from Simmons Point on Chips Island to Stake Point to the
southwest on the opposite side of Suisun Bay; thence easterly
through Suisun Bay and continuing easterly through New York Slough
to Buoy 13; thence north-northwesterly to the eastern edges of
Fraser Shoal; thence continuing northwesterly along the entire
southern shores of Chain Island; thence southwesterly through the
entire waters of Suisun Bay and returning to the point of origin.
Festival of the Sea
Sponsor: San Francisco Maritime National Historical Park.
Event Description: Tugboat race.
Date: Sunday in September.
Location: From Crissy Field to Hyde Street Pier.
Regulated Area: San Francisco Bay immediately off of Golden Gate
Yacht Club, Gashouse Cove, Aquatic Park and the Hyde Street Pier.
All mariners may proceed with caution but must keep at least 500
feet from the competing tugboats.
Dated: 28 July 1998.
R.D. Sirois,
Captain, U.S. Coast Guard Commander, Eleventh Coast Guard District
Acting.
[FR Doc. 98-23372 Filed 8-28-98; 8:45 am]
BILLING CODE 4910-15-M
