[Federal Register Volume 79, Number 199 (Wednesday, October 15, 2014)]
[Rules and Regulations]
[Pages 61762-61766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24428]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2014-0715]
RIN 1625-AA08
Special Local Regulation; Mavericks Invitational Surf
Competition, Half Moon Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a special local regulation in
the navigable waters of Half Moon Bay, CA near Pillar Point in support
of the Mavericks Invitational Surf Competition to be held one day
between November 1 of each year and March 31 of the following year,
from 6 a.m. until 6 p.m. This special local regulation will temporarily
restrict vessel traffic in vicinity of Pillar Point and prohibit
vessels not participating in the surfing event from entering the
dedicated surfing area and a designated no-entry area. This regulation
is necessary to provide for the safety of life on the navigable waters
immediately prior to, during, and immediately after the surfing
competition.
DATES: This rule is effective November 1, 2014.
[[Page 61763]]
Comment Date: Comments and related material must be received by the
Coast Guard on or before November 14, 2014.
Requests for public meetings must be received by the Coast Guard on
or before November 14, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2014-0715 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
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 [email protected]. If you have questions on viewing or submitting
material to the docket, call Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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-2014-0715) 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-2014-0715) 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 plan to hold public meetings on this rule. However, you
may submit a request for one on or before November 14, 2014 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 Mavericks Invitational Surf Competition has grown in popularity
within the past several years. Due to the inherent dangers of the
competition and the disruption to the normal uses of the waterways in
the vicinity of Pillar Point, the Coast Guard issues a Marine Event
Permit to the event sponsor. Following the collapse of the Cliffside
viewing area in 2011, the Coast Guard became concerned that the loss of
shore-side viewing would result in a larger than expected number of
spectator vessels in the vicinity of the event and considered
promulgating a Safety Zone which would prevent spectator vessels from
encroaching on the competition area to preserve the safety of both the
surfers and the spectators. Because it proved impossible to reliably
predetermine the exact location of breaking surf, the Coast Guard did
not establish a Safety Zone for subsequent events, but has continued to
maintain a presence at the event to protect the competitors from
encroaching spectator vessels and vice versa. This special local
regulation formalizes the scheme employed during the 2013 and 2014
competitions, which proved to be an effective means of separating
competitors from spectators. The two zones and associated regulations
contained in this rule are intended to ensure the safety of competitors
from spectator vessels, and to enhance safety of spectator vessels by
creating a designated area in which the Coast Guard may direct the
movement of such vessels. Because of the dangers posed by the surf
conditions during the Mavericks Invitational Surf Competition, the
special local regulation is necessary to provide for the safety of
event participants, spectators, and other vessels transiting the event
area. For the safety concerns noted, it is in the public interest to
have these regulations in effect during the event.
The Coast Guard is enacting this special local regulation without
publishing an NPRM. The Coast Guard finds good cause for publishing
this interim rule without an NPRM because an NPRM, in this case, is
unnecessary.
[[Page 61764]]
Public interest in this regulation is low: This event involves a
limited area, does not restrict navigation and is enforced for only one
day within the regulated period. In addition, the Coast Guard has been
working with the event sponsors, participants and spectators for two
years and has received input from the involved parties on how to best
manage this event over the years. Finally, by publishing this rule as
an interim rule, the Coast Guard remains open to public comment on how
to improve the regulation.
The effective date of this regulation is less than thirty days from
the date of publication. The Coast Guard finds good cause for making
this interim rule effective less than thirty days after publication
because doing so is unnecessary. This event has been occurring for the
previous two years and is known to the local community. In addition,
the Coast Guard has been working with the event sponsors, participants
and spectators for two years and has a good idea how to best manage
this event. Finally, while the regulation will be in effect starting in
November, the date of the event is most likely to be between January
and March, so sufficient notice before the actual enforcement period
would be available.
C. Basis and Purpose
Under 33 CFR 100.35, the Coast Guard District Commander has
authority to promulgate certain special local regulations deemed
necessary to ensure the safety of life on the navigable waters
immediately before, during, and immediately after an approved regatta
or marine parade. The Commander of Coast Guard District 11 has
delegated to the Captain of the Port (COTP) San Francisco the
responsibility of issuing such regulations.
The Mavericks Invitational Surf Competition is a one day ``Big
Wave'' surfing competition between the top 24 big wave surfers. The
competition only occurs when 15-20 foot waves are sustained for over 24
hours and are combined with mild easterly winds of no more than 5-10
knots. The rock and reef ridges that make up the sea floor of the
Pillar Point area combined with optimal weather conditions create the
large waves that Mavericks is known for. Due to the hazardous waters
surrounding Pillar Point at the time of the surfing competition, the
Coast Guard is establishing a special local regulation in vicinity of
Pillar Point that restricts navigation in the area of the surf
competition and in neighboring hazardous areas. This regulation is
intended to ensure the safety of competitors by delineating a specific
competition area, and to provide for the safety of spectators by
imposing operating restrictions on those vessels.
D. Discussion of the Interim Rule
The Coast Guard is establishing a regulated area for the Mavericks
Invitational Surf Competition. The Mavericks Invitational Surf
Competition will take place on a day that presents favorable surf
conditions between November 1 of each year and March 31 of the
following year, from 6 a.m. until 6 p.m. The Mavericks Invitational can
only occur when 15-20 foot waves are sustained for over 24 hours and
are combined with mild easterly winds of no more than 5-10 knots.
Unpredictable weather patterns and the event's narrow operating window
limit the Coast Guard's ability to notify the public of the event. The
Coast Guard will issue notice of the event as soon as practicable and
no later than 24 hours prior via the Broadcast Notice to Mariners.
The Mavericks Invitational Surf Competition will occur in the
navigable waters of Half Moon Bay, CA in vicinity of Pillar Point as
depicted in National Oceanic and Atmospheric Administration (NOAA)
Chart 18682. The Coast Guard will enforce a regulated area defined by
an arc extending 1000 yards from Sail Rock (37[deg]29'34'' N,
122[deg]30'02'' W) excluding the waters within Pillar Point Harbor. All
restrictions would apply only between 6 a.m. and 6 p.m. on the day of
the actual competition.
The effect of this regulation will be to restrict navigation in the
vicinity of Pillar Point during the Mavericks Invitational Surf
Competition. During the enforcement period, the Coast Guard will direct
the movement and access of all vessels within the regulated area. The
regulated area will be divided into two zones. Zone 1 will be
designated as the competition area, and the movement of vessels within
Zone 2 will be controlled by PATCOM.
This regulation is needed to keep spectators and vessels a safe
distance away from the event participants and the hazardous waters
surrounding Pillar Point. Past competitions have demonstrated the
importance of restricting access to the competition area to only
vessels in direct support of the competitors. Failure to comply with
the lawful directions of the Coast Guard could result in additional
vessel movement restrictions, citation, or both.
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 expect the economic impact of this rule does not rise to the
level of necessitating a full Regulatory Evaluation. The regulated area
and associated regulations are limited in duration, and are limited to
a narrowly tailored geographic area. In addition, although this rule
restricts access to the waters encompassed by the regulated area, 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 regulations will result in minimum impact. The entities most
likely to be affected are small 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 commercial
vessels, and pleasure craft engaged in recreational activities and
sightseeing. This rule will not have a significant economic impact on a
substantial number of small entities for several 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 the enforcement of the regulated area via Broadcast Notice to
Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental
[[Page 61765]]
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.
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 regulated area of limited size and
duration. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and 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: 33 U.S.C. 1233.
0
2. Add Sec. 100.1106 to read as follows:
Sec. 100.1106 Special Local Regulation; Annual Mavericks Invitational
Big Wave Surf Competition.
(a) Location. This special local regulation establishes a regulated
area on the waters of Half Moon Bay, located in the vicinity of Pillar
Point. Movement within marinas, pier spaces, and facilities within
Pillar Point Harbor is not regulated by this section.
(b) Enforcement Period. The following regulations will be enforced
between the hours of 6 a.m. and 6 p.m. on one day between November 1 of
each year and March 31 of the following year. Annual notice of the
specific enforcement dates and times of these regulations will be
announced via Broadcast Notice to Mariners and published by the Coast
Guard in a Boating Public Safety Notice at least 24 hours in advance of
the competition. Annual notice of the specific enforcement dates and
times will also be published in a Notice of Enforcement in the Federal
Register each year.
(c) Definitions. (1) Patrol Commander. As used in this section,
``Patrol Commander'' or ``PATCOM'' means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer, or a Federal, State, or local officer designated by the
Captain of the Port San Francisco (COTP) pursuant to a Memorandum of
Understanding with that agency, to assist in the enforcement of the
special local regulation.
(2) Regulated Area. As used in this section ``Regulated Area''
means the area in which the Maverick's Invitational Surf Competition
will take place. This area is bounded by an arc
[[Page 61766]]
extending 1000 yards from Sail Rock (37[deg]29'34'' N, 122[deg]30'02''
W) excluding the waters within Pillar Point Harbor. All coordinates are
North American Datum 1983. Within the Regulated Area, at least two
zones will be established and marked by buoys on the day of the
competition. Due to the dynamic and changing nature of the surf, the
exact size and location of the zones will not be made public until the
competition day. The zones will be prominently marked by at least 8
buoys, placed by the event sponsor in a pattern approved by PATCOM. In
addition, the USCG will notify the public of the zone locations via
broadcast notice to mariners on the day of the event.
(3) Zone 1. As used in this section, ``Zone 1'' means the
competition area within the Regulated Area. Zone 1 will generally be
located to the northwest of a line drawn between Sail Rock
(37[deg]29'34'' N, 122[deg]30'02'' W) and Pillar Point Entrance Lighted
Gong Buoy 1 (37[deg]29'10.410'' N, 122[deg]30'21.904'' W).
(4) Zone 2. As used in this section, ``Zone 2'' means the area
within the Regulated Area where the Coast Guard may direct the movement
of all vessels, including restricting vessels from this area. Due to
weather and sea conditions, the Captain of the Port may deny access to
Zone 2 and the remainder of the regulated area to all vessels other
than competitors and support vessels on the day of the event. Zone 2
will generally be located to the southeast of a line drawn between Sail
Rock (37[deg]29'34'' N, 122[deg]30'02'' W) and Pillar Point Entrance
Lighted Gong Buoy 1 (37[deg]29'10.410'' N, 122[deg]30'21.904'' W).
(5) Competitor. As used in this section ``competitor'' means a
surfer, enrolled in the Maverick's Invitational Surf Competition.
(6) Support Vessel. As used in this section ``support vessel''
means a vessel which is designated and conspicuously marked by the
sponsor to provide direct support to the competitors.
(7) Spectator Vessel. As used in this section ``spectator vessel''
means any vessel or person which is not designated by the sponsor as a
support vessel.
(d) Special Local Regulations. The following regulations apply
between the hours of 6am and 6pm on the competition day.
(1) Regulated Area Restrictions:
(i) Only support vessels may be authorized by the Patrol Commander
(PATCOM) to enter Zone 1 during the competition.
(ii) Entering the water in Zone 1 by any person other than the
competitors is prohibited. Competitors shall enter the water in Zone 1
from authorized support vessels only.
(iii) Vessels within Zone 2 shall maneuver as directed by PATCOM.
Given the changing nature of the surf in the vicinity of the
competition, PATCOM may close Zone 2 to all vessels due to hazardous
conditions.
(iv) Entering the water in Zone 2 by any person is prohibited.
(v) Rafting and anchoring of vessels are prohibited within the
Regulated Area.
(vi) Only vessels authorized by PATCOM shall be permitted to tow
other watercraft within the regulated area.
(vii) Spectator and support vessels in Zones 1 and 2 shall operate
at speeds which will create minimum wake, in general, seven (7) miles
per hour or less.
(viii) When hailed or signaled by PATCOM by a succession of sharp,
short signals by whistle or horn, the hailed vessel must come to an
immediate stop and comply with the lawful directions issued. Failure to
comply with a lawful direction may result in additional operating
restrictions, citation for failure to comply, or both.
(ix) During the events, vessel operators may contact the PATCOM on
VHF-FM channel 16.
(2) [Reserved]
Dated: September 18, 2014.
Michael H. Day,
Captain, U.S. Coast Guard. Captain of the Port San Francisco, Acting.
[FR Doc. 2014-24428 Filed 10-14-14; 8:45 am]
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