Special Local Regulations; Northern California Annual Marine Events

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SUMMARY: The Coast Guard proposes to remove a number of outdated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.

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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]

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