[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Proposed Rules]
[Pages 2930-2933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00175]
[[Page 2930]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0715]
RIN 1625-AA08
Special Local Regulation; Mavericks Surf Competition, Half Moon
Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise a special local regulation
in the navigable waters of Half Moon Bay, CA, near Pillar Point in
support of the Mavericks Surf Competition, an annual invitational surf
competition held at the Mavericks Break. We are proposing this revision
to improve the regulation by making it clearer and to have it better
reflect the natural conditions that must be met for this surf
competition to take place. 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, which is held
only one day between November 1 of each year and March 31 of the
following year. This proposed revision would temporarily restrict
vessel traffic in the vicinity of Pillar Point and prohibit vessels and
persons not participating in the surfing event from entering the
dedicated surfing area and a designated no-entry area. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before February 9, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-0427 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Marcia Medina, U.S. Coast
Guard Sector San Francisco; telephone (415) 399-7443, email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
ATON Aids to Navigation
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OCMI Officer in Charge, Marine Inspection
PATCOM Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Mavericks 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.
The Coast Guard 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 proposed rulemaking would formalize the scheme employed during
the 2013, 2014, and 2015 competitions, which proved to be an effective
means of separating competitors from spectators. The two zones and
associated regulations contained in this proposed 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 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.
On October 15, 2014, the Coast Guard published an interim rule and
request for comments in the Federal Register (79 FR 61762) establishing
the special local regulation 33 CFR 100.1106. We received no comments
during the comment period on the interim rule. Although the event was
not held during the 2014-2015 season, the planning process proved to be
vital in identifying updates to the rule as proposed here.
On November 3, 2015, we published a temporary final rule (80 FR
67635) for the Mavericks Surf Competition which was most recently held
on February 12, 2016. That temporary rule was 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. In the Coast
Guard's assessment, that temporary final rule provided an effective
scheme for ensuring the safety of life during the Mavericks Surf
Competition.
We are proposing the following changes based on lessons learned
during the multi-agency planning process. The name of this event has
changed over the years based on the sponsor. The Coast Guard decided to
propose this rule using the event name ``Mavericks Surf Competition''
to remove any affiliation with past or future sponsors and to keep the
name of the event generic in order to apply to any future sponsor. In
addition, this proposed rule would clarify that the maintenance of the
buoy placement throughout the course of the event is a requirement for
the event sponsor. The definition of ``support vessels'' has been
updated to specifically include jet skis and to clarify that they must
be pre-designated and approved to serve as such for this event by the
Officer in Charge, Marine Inspection (OCMI) prior to the competition.
Due to the temperamental nature of buoy locations with regards to swing
circles, the proposed definition for ``Zone 1'' and ``Zone 2'' would
both amend the ATON buoy reference of ``Pillar Point Entrance Lighted
Gong Buoy 1'' to only reference a latitude and longitude position.
Finally, the definition of ``spectator vessel'' was expanded to
specifically include human-powered craft.
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 Surf Competition is a one-day ``Big Wave'' surfing
competition between the top big wave
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surfers as chosen by the event organizer. 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 for which
Mavericks is known. Due to the hazardous waters surrounding Pillar
Point at the time of the surfing competition, the Coast Guard is
proposing to modify Sec. 100.1106 which establishes a special local
regulation in the vicinity of Pillar Point that restricts navigation in
the area of the surf competition and in neighboring hazardous areas.
This proposed rule 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.
III. Discussion of Proposed Rule
The Coast Guard proposes to revise a regulated area for the
Mavericks Surf Competition. The Mavericks 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 Surf Competition 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
would issue notice of the event as soon as practicable, but no later
than 24 hours before Competition day via the Broadcast Notice to
Mariners and issue a written Boating Public Safety Notice at least 24
hours in advance of Competition day. Also, the zones that would be
established by this proposed rule will be prominently marked by at
least 8 buoys throughout the course of the event.
The Mavericks Surf Competition will occur in the navigable waters
of Half Moon Bay, CA, in the vicinity of Pillar Point as depicted in
National Oceanic and Atmospheric Administration (NOAA) Chart 18682
(http://www.charts.noaa.gov/OnLineViewer/18682.shtml). 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 proposed restrictions would
apply only between 6 a.m. and 6 p.m. on the day of the actual
competition.
The effect of this regulation would be to restrict navigation in
the vicinity of Pillar Point during the Mavericks Surf Competition.
During the enforcement period, the Coast Guard would 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 the Patrol Commander (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.
IV. Regulatory Analyses
We developed this proposed 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
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
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.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
The Coast Guard did not receive any comments from the Small
Business Administration on the Interim rule published on October 15,
2014. Also, while some owners or operators of vessels intending to
transit the safety zone may be small entities, for the reasons stated
in section IV.A above this proposed rule would not have a significant
economic impact on any vessel owner or operator. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this rule would have a significant economic
impact on it, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and how and to what degree this rule would
economically affect it.
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 proposed 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
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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
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analyzed this proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves a
regulated area of limited size and duration. Normally such actions are
categorically excluded from further review under paragraph 34(h) and
35(b) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
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
proposed rule.
G. 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 33 CFR part 100 as follows:
PART 100--REGATTAS AND MARINE PARADES
0
1. The authority citation for part 100 is revised to read as follows:
Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.
0
2. Revise Sec. 100.1106 to read as follows:
Sec. 100.1106 Special Local Regulation; Mavericks 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, excluding the waters within Pillar Point Harbor. This regulated
area is defined in paragraph (c) of this section.
(b) Enforcement period. This section will be enforced between 6
a.m. and 6 p.m. on Competition day, which if defined wave and wind
conditions are met, will occur for one day between November 1 of each
year and March 31 of the following year. Notice of the specific
enforcement date of this section will be announced via Broadcast Notice
to Mariners and issued in writing by the Coast Guard in a Boating
Public Safety Notice at least 24 hours in advance of Competition day.
(c) Definitions. As used in this section--
Competition day means the one day between November 1 of each year
and March 31 of the following year that Mavericks Surf Competition will
be held. The Mavericks Surf Competition will only be held if 15 to 20
foot waves are sustained for over 24 hours and are combined with mild
easterly winds of no more than 5 to 10 knots.
Competitor means a surfer enrolled in the Mavericks Surf
Competition.
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), to assist in the enforcement of the special local
regulation.
Regulated area means the area in which the Mavericks Surf
Competition will take place. This area is bounded 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 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 and maintained throughout the course of the event by the
event sponsor in a pattern approved by the PATCOM. In addition, the
Coast Guard will notify the public of the zone locations via
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Broadcast Notice to Mariners on the day of the event.
Spectator vessel means any vessel or person, including human-
powered craft, which is not designated by the sponsor as a support
vessel.
Support vessel means a vessel, including jet skis, which is
designated and conspicuously marked by the sponsor to provide direct
support to the competitors. Support vessels must be pre-designated and
approved to serve as such for this event by the Officer in Charge,
Marine Inspection (OCMI) prior to the competition.
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 37[deg]29'10.410'' N.,
122[deg]30'21.904'' W.
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. 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 37[deg]29'10.410'' N., 122[deg]30'21.904'' W.
(d) Special local regulations. The following regulations apply
between 6 a.m. and 6 p.m. on the competition day.
(1) Only support vessels may be authorized by the Patrol Commander
(PATCOM) to enter Zone 1 during the competition.
(2) Entering the water in Zone 1 by any person other than the
competitors is prohibited. Competitors may enter the water in Zone 1
from authorized support vessels only.
(3) Spectator vessels and support vessels within Zone 2 must
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. 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
(4) Entering the water in Zone 2 by any person is prohibited.
(5) Rafting and anchoring of vessels are prohibited within the
regulated area.
(6) Only vessels authorized by the PATCOM will be permitted to tow
other watercraft within the regulated area.
(7) Spectator and support vessels in Zones 1 and 2 must operate at
speeds which will create minimum wake, in general, 7 miles per hour or
less.
(8) If granted permission to enter the regulated area, when hailed
or signaled by the 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.
(9) During the events, vessel operators may contact the PATCOM on
VHF-FM channel 16.
Dated: December 13, 2016.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2017-00175 Filed 1-9-17; 8:45 am]
BILLING CODE 9110-04-P