Special Local Regulation; Mavericks Surf Competition, Half Moon Bay, CA, 67635-67638 [2015-27998]
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Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations
other factors that HUD determines may
be relevant to this calculation.
Taking these factors into
consideration, HUD determined that the
fee for disbursements made under loan
guarantee commitments awarded in FY
2016 is 2.58 percent, which will be
applied only at the time of loan
disbursements. Note that future notices
may provide for a combination of upfront and periodic fees for loan
guarantee commitments awarded in
future fiscal years but will be subject to
the public comment provisions of
§ 570.712(b)(2) of the final rule.
As HUD discusses in response to
public comment on the amount of the
fee, the expected cost of a Section 108
loan guarantee is difficult to estimate
using historical program data because
there have been no defaults in the
history of the program that required
HUD to invoke its full faith and credit
guarantee or use the credit subsidy
reserved each year for future losses.2
This is due to a variety of factors,
including the availability of Community
Development Block Grant (CDBG) funds
as security. As authorized by Section
108 of the Housing and Community
Development Act of 1974, as amended
(42 U.S.C. 5308), borrowers may make
payments on Section 108 loans using
CDBG grant funds. Borrowers may also
make Section 108 loan payments from
other anticipated sources but continue
to have CDBG funds available should
they encounter shortfalls in the
anticipated repayment source.
The fee of 2.58 percent of the
principal amount of the loan will offset
the expected cost to the government due
to default, financing costs, and other
relevant factors. To arrive at this
measure, HUD analyzed data on
comparable municipal debt over an
extended 16 to 23 year period. The
estimated rate is based on the default
and recovery rates for general purpose
municipal debt and industrial
development bonds. The cumulative
default rates on industrial development
bonds (14.62 percent) were higher than
the default rates on general purpose
municipal debt (0.25 percent) during the
period from which the data were taken.
(The recovery rates for industrial
development bonds and general purpose
debt were 74.76 and 90.27 percent,
respectively.) These two subsectors of
municipal debt were chosen because
their purposes and loan terms most
closely resemble those of Section 108
guaranteed loans. In this regard, Section
2 U.S. Department of Housing and Urban
Development, Study of HUD’s Section 108 Loan
Guarantee Program, (prepared by Econometrica, Inc.
and The Urban Institute), September 2012.
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108 guaranteed loans can be broken
down into two categories: (1) Loans that
finance public infrastructure and
activities to support subsidized housing
(other than financing new construction)
and (2) other development projects (e.g.,
retail, commercial, industrial). The 2.58
percent fee was derived by weighting
the default and recovery data for general
purpose municipal debt and the data for
industrial development bonds according
to the expected composition of the
Section 108 portfolio by corresponding
project type. Based on dollar amount of
Section 108 loan guarantee
commitments awarded during the
period from FY 2010 through FY 2014,
HUD expects that 25 percent of the
Section 108 portfolio will be similar to
general purpose municipal debt and 75
percent of the portfolio will be similar
to industrial development bonds. In
setting the fee at 2.58 percent of the
principal amount of the guaranteed
loan, HUD believes that the amount
generated will fully offset the cost to the
Federal government associated with
making guarantee commitments
awarded in FY 2016.
Dated: October 26, 2015.
Harriet Tregoning,
Principal Deputy Assistant, Secretary for
Community Planning and Development.
[FR Doc. 2015–28002 Filed 11–2–15; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–0949]
RIN 1625–AA08
Special Local Regulation; Mavericks
Surf Competition, Half Moon Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary 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. This special local regulation will
temporarily restrict vessel traffic in the
vicinity of Pillar Point and prohibit
vessels and persons not participating in
the surfing event from entering the surf
competition area. This regulation is
necessary to provide for the safety of life
on the navigable waters immediately
prior to, during, and immediately after
SUMMARY:
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the surfing competition, which is held
only one day during the period of
November 1, 2015, through March 31,
2016.
DATES: Effective date: This rule is
effective November 3, 2015 through
March 31, 2016.
Enforcement date: This rule will be
enforced on the competition day, which,
if defined wave and wind conditions are
met, will occur one day during the
period from November 1, 2015, through
March 31, 2016. This rule will be
enforced from 6 a.m. until 6 p.m. on the
actual competition day.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
0949 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Lieutenant
Junior Grade Christina Ramirez, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–3585, email at D11PF-MarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
§ Section
U.S.C. United States Code
OCMI Officer in Charge of Marine
Inspections
NPRM Notice of Proposed Rulemaking
II. Background Information and
Regulatory History
The Mavericks 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
the vicinity of Pillar Point that restricts
navigation in the area of the surf
competition and in neighboring
hazardous areas.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
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Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations
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
making this rule effective less than 30
days after publication in the Federal
Register. It is impracticable to publish
an NPRM because we must establish
this special local regulation by
November 1, 2015, and the competition
would occur before the notice-andcomment rulemaking process would be
completed. The rule needs to be
effective by that date to respond to the
potential safety hazards associated with
the dangers posed by the surf conditions
during the Mavericks Surf Competition.
The regulated area is necessary to
provide for the safety of event
participants, spectator craft, and other
vessels transiting the event area.
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III. Legal Authority and Need for Rule
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 Cartel Management Inc. will
sponsor the Mavericks Surf
Competition. The Mavericks Surf
Competition will take place on a day
that presents favorable surf conditions
on one day during the period from
November 1, 2015, through March 31,
2016, from 6 a.m. until 6 p.m. in the
navigable waters of Half Moon Bay, CA
near Pillar Point in approximate
position 37°29′34″ N., 122°30′02″ W.
(NAD 83) as depicted in National
Oceanic and Atmospheric
Administration (NOAA) Chart 18682.
The regulation is issued to establish a
regulated area on the waters
surrounding the competition. This
regulated area is bounded by an arc
extending 1000 yards from Sail Rock
(37°29′34″ N., 122°30′02″ W.) excluding
the waters within Pillar Point Harbor.
The regulated area is necessary to
ensure the safety of mariners transiting
the area.
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IV. Discussion of the Rule
The Coast Guard will enforce a
regulated area in navigable waters
defined by an arc extending 1000 yards
from Sail Rock between 6 a.m. and 6
p.m. on the day of the actual
competition. 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 will 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 will 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
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. The Coast Guard
will enforce a regulated area defined by
an arc extending 1000 yards from Sail
Rock (37°29′34″ N., 122°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 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 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.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
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rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.’s, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
the rule 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 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.
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
Coast Guard certifies under 5 U.S.C.
605(b) that this rule would not have a
significant economic impact on a
substantial number of small entities.
This rule may affect small commercial
vessels, and pleasure craft engaged in
recreational activities and sightseeing.
This regulated area would not have
significant economic impact on a
substantial number of small entities for
the following reasons. This regulated
area would be activated, and thus
subject to enforcement, for a limited
duration. The maritime public will be
advised in advanced of this regulated
area 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
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concerning its provisions or options for
compliance, please contact 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 would not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 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
determined that this rule does not have
implications for federalism.
Also, this rule does not have tribal
implications under E.O. 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. If you
believe this 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
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more in any one year. Though this 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 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
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 an arc extending 1000
yards and lasting less than 12 hours. It
is categorically excluded from further
review under paragraph 34(h) and 35(b)
of Figure 2–1 of Commandant
Instruction M16475.lD. 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.
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.
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—REGATTAS AND MARINE
PARADES
1. The authority citation for part 100
is revised to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR 1.05–
1.
2. Effective November 4, 2015 through
March 31, 2016, suspend § 100.1106.
■
3. Effective November 4, 2015 through
March 31, 2016, add § 100.T11–739 to
read as follows:
■
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§ 100.T11–739 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 one day
during the period from November 1,
2015, through March 31, 2016. 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 Maverick’s Surf Competition
will take place. This area is bounded by
an arc extending 1000 yards from Sail
Rock (37°29′34″ N., 122°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 USCG will notify the
public of the zone locations via
Broadcast Notice to Mariners on the day
of the event.
Spectator vessel means any vessel or
person, including human powered craft,
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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 of 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°29′34″ N., 122°30′02″ W.) and Pillar
Point Entrance Lighted Gong Buoy 1
(37°29′10.410″ N., 122°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°29′34″ N., 122°30′02″ W.)
and Pillar Point Entrance Lighted Gong
Buoy 1 (37°29′10.410″ N.,
122°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) 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
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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 13.
Dated: October 15, 2015.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2015–27998 Filed 11–2–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0987]
RIN 1625–AA11
Regulated Navigation Area; Herbert C.
Bonner Bridge, Oregon Inlet, NC
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a Regulated Navigation
Area (RNA) on the navigable waters of
Oregon Inlet, NC surrounding the
Herbert C. Bonner Bridge. This RNA
will allow the Coast Guard to enforce
vessel traffic restrictions within the
RNA when necessary to safeguard
people and vessels from the hazards
associated with potential catastrophic
structural damage that could occur due
to vessel allisions with the bridge.
DATES: This rule is effective on
December 3, 2015.
ADDRESSES: Comments received from
the public, as well as documents
mentioned in this preamble are part of
Docket Number USCG–2014–0987. To
view documents mentioned in this
preamble as being available in the
docket, go to https://
www.regulations.gov, type the docket
number 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Derek Burrill, Waterways
Management Division Chief, U.S. Coast
SUMMARY:
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Guard Sector North Carolina, telephone
(910) 772–2230, email Derek.J.Burrill@
uscg.mil.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
RNA Regulated Navigation Area
A. Regulatory Information
On December 17, 2014, we published
an interim final rule and request for
comments entitled ‘‘Regulated
Navigation Area; Herbert C. Bonner
Bridge, Oregon Inlet, North Carolina’’ in
the Federal Register (79 FR 75050). We
received five comments coming from
two submitters on the Interim Final
Rule. No public meeting was requested,
and none was held.
B. Background and Purpose
This rulemaking is authorized by 33
U.S.C. 1231; 46 U.S.C. Chapter 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; and DHS
Delegation No. 0170.1. Under these
authorities the Coast Guard may
establish a RNA in defined water areas
that are determined to have hazardous
conditions and in which vessel traffic
can be regulated in the interest of safety.
The purpose of this RNA is to reduce
the risk of a bridge strike resulting from
a vessel transiting through alternative
spans of the Herbert C. Bonner Bridge,
which are not intended for navigation.
In addition, this RNA will serve to
ensure vessels transiting the area are
restricted to those that may do so safely,
and will not impose unnecessary risk of
harm to themselves or other maritime
traffic. A bridge strike to un-fendered or
unprotected structural elements of the
Bonner Bridge would introduce a clear
and present danger to stability of the
bridge, motorists, mariners, and indirect
impacts on local businesses and
residents of Hatteras Island, NC. A
grounded vessel in this heavily
trafficked waterway would also greatly
increase the risk of a bridge strike by
another vessel.
When shoaling is present in the
vicinity of the navigation span, vessels
attempt to transit through alternate
spans. Transiting through alternate
spans is hazardous. Mariners transiting
near and through the unprotected
structural components increase the
potential of a bridge strike; these spans
do not have fenders or other
mechanisms to protect the bridge from
vessel strikes. Vessels that transit
alternate bridge spans pose a risk to safe
navigation as there are no advertised
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]]>Agencies
[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67635-67638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27998]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0949]
RIN 1625-AA08
Special Local Regulation; Mavericks Surf Competition, Half Moon
Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary 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. This special
local regulation will temporarily restrict vessel traffic in the
vicinity of Pillar Point and prohibit vessels and persons not
participating in the surfing event from entering the surf competition
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, which is held only one day during the
period of November 1, 2015, through March 31, 2016.
DATES: Effective date: This rule is effective November 3, 2015 through
March 31, 2016.
Enforcement date: This rule will be enforced on the competition
day, which, if defined wave and wind conditions are met, will occur one
day during the period from November 1, 2015, through March 31, 2016.
This rule will be enforced from 6 a.m. until 6 p.m. on the actual
competition day.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-0949 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Junior Grade Christina Ramirez,
U.S. Coast Guard Sector San Francisco; telephone (415) 399-3585, email
at D11-PF-MarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
OCMI Officer in Charge of Marine Inspections
NPRM Notice of Proposed Rulemaking
II. Background Information and Regulatory History
The Mavericks 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 the vicinity of Pillar Point
that restricts navigation in the area of the surf competition and in
neighboring hazardous areas.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to
[[Page 67636]]
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 making this rule effective less than 30 days after
publication in the Federal Register. It is impracticable to publish an
NPRM because we must establish this special local regulation by
November 1, 2015, and the competition would occur before the notice-
and-comment rulemaking process would be completed. The rule needs to be
effective by that date to respond to the potential safety hazards
associated with the dangers posed by the surf conditions during the
Mavericks Surf Competition. The regulated area is necessary to provide
for the safety of event participants, spectator craft, and other
vessels transiting the event area.
III. Legal Authority and Need for Rule
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 Cartel Management Inc. will sponsor the Mavericks Surf
Competition. The Mavericks Surf Competition will take place on a day
that presents favorable surf conditions on one day during the period
from November 1, 2015, through March 31, 2016, from 6 a.m. until 6 p.m.
in the navigable waters of Half Moon Bay, CA near Pillar Point in
approximate position 37[deg]29'34'' N., 122[deg]30'02'' W. (NAD 83) as
depicted in National Oceanic and Atmospheric Administration (NOAA)
Chart 18682. The regulation is issued to establish a regulated area on
the waters surrounding the competition. This regulated 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.
The regulated area is necessary to ensure the safety of mariners
transiting the area.
IV. Discussion of the Rule
The Coast Guard will enforce a regulated area in navigable waters
defined by an arc extending 1000 yards from Sail Rock between 6 a.m.
and 6 p.m. on the day of the actual competition. 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 will 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 will 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 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. 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 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 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.'s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the rule 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
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.
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 Coast Guard
certifies under 5 U.S.C. 605(b) that this rule would not have a
significant economic impact on a substantial number of small entities.
This rule may affect small commercial vessels, and pleasure craft
engaged in recreational activities and sightseeing. This regulated area
would not have significant economic impact on a substantial number of
small entities for the following reasons. This regulated area would be
activated, and thus subject to enforcement, for a limited duration. The
maritime public will be advised in advanced of this regulated area 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
[[Page 67637]]
concerning its provisions or options for compliance, please contact 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 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 E.O. 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 determined
that this rule does not have implications for federalism.
Also, this rule does not have tribal implications under E.O. 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. If you believe this 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 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 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 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 an arc extending 1000 yards and
lasting less than 12 hours. It is categorically excluded from further
review under paragraph 34(h) and 35(b) of Figure 2-1 of Commandant
Instruction M16475.lD. 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.
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.
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--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. Effective November 4, 2015 through March 31, 2016, suspend Sec.
100.1106.
0
3. Effective November 4, 2015 through March 31, 2016, add Sec.
100.T11-739 to read as follows:
Sec. 100.T11-739 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 one day during the period
from November 1, 2015, through March 31, 2016. 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 Maverick's 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
USCG will notify the public of the zone locations via Broadcast Notice
to Mariners on the day of the event.
Spectator vessel means any vessel or person, including human
powered craft,
[[Page 67638]]
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 of
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 Pillar Point Entrance
Lighted Gong Buoy 1 (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 Pillar Point Entrance Lighted Gong Buoy 1
(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) 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 13.
Dated: October 15, 2015.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2015-27998 Filed 11-2-15; 8:45 am]
BILLING CODE 9110-04-P
