Special Local Regulation; Mavericks Surf Competition, Half Moon Bay, CA, 53414-53418 [2017-24840]
Download as PDF
<![CDATA[
53414
Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Rules and Regulations
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because Section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory
program provisions do not constitute
major Federal actions within the
meaning of Section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4332(2)(C)).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon data and assumptions for the
counterpart Federal regulations.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the fact
that the Kentucky submittal, which is
the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the Kentucky submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface
mining, Underground mining.
Dated: September 19, 2017.
Thomas D. Shope
Regional Director, Appalachian Region.
For the reasons set out in the
preamble, 30 CFR part 917 is amended
as set forth below:
PART 917—KENTUCKY
1. The authority citation for part 917
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. Section 917.15 is amended by
adding a new entry to the table in
paragraph (a) in chronological order by
‘‘Date of final publication’’ to read as
follows:
■
917.15 Approval of Kentucky regulatory
program amendments.
(a) * * *
Original amendment submission date
Date of final publication
*
*
May 10, 2011 ....................................................
*
*
*
November 16, 2017 ..........................................
*
KRS 350.060(11).
*
competition held at the Mavericks
Break. This revision is necessary 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
revision temporarily restricts vessel
traffic in the vicinity of Pillar Point and
prohibits vessels and persons not
participating in or directly supporting
the surfing event from entering the
dedicated surfing area and a designated
no-entry area.
DATES: This rule is effective December
18, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number USCG–2015–0427 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) 399–2001, email at D11PF-MarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION:
*
*
*
*
[FR Doc. 2017–24707 Filed 11–15–17; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–0427]
RIN 1625–AA08
nshattuck on DSK9F9SC42PROD with RULES
Special Local Regulation; Mavericks
Surf Competition, Half Moon Bay, CA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is revising 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
SUMMARY:
VerDate Sep<11>2014
14:33 Nov 15, 2017
Jkt 244001
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Citation/description
*
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
COTP Captain of the Port
PATCOM Patrol Commander
OCMI Officer in Charge of Marine
Inspections
NRPM Notice of Proposed Rulemaking
U.S.C. United States Code
E:\FR\FM\16NOR1.SGM
16NOR1
nshattuck on DSK9F9SC42PROD with RULES
Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Rules and Regulations
II. Background Information and
Regulatory History
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 area would result in a larger
than expected number of spectator
vessels in the vicinity of the event.
This final rule 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 final rule are intended
to ensure the safety of competitors from
spectator vessels, and enhances the
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.
This final rule finalizes the Interim Rule
updates proposed in the Notice of
Proposed Rule Making.
On November 3, 2015 and November
23, 2016, we promulgated temporary
final rules for the Mavericks Surf
Competition, which was most recently
held on February 12, 2016, and
subsequently not held in the 2016–2017
season after the sponsoring organization
filed for bankruptcy. The temporary
rules were needed to incorporate the
updates noted in this Final Rule which
include: Requiring buoy position
maintenance by the event sponsors,
expanding the definition of ‘‘spectator
vessel’’ to include human powered craft
and expanding the definition of
‘‘support vessel’’ to include jet skis. The
VerDate Sep<11>2014
14:33 Nov 15, 2017
Jkt 244001
Coast Guard determined a NPRM was
necessary to afford the public the
opportunity to comment on the
aforementioned updates to the Interim
Rule and because the Mavericks Surf
Competition would occur before NPRM
process was complete. Therefore to meet
the event season deadline, a temporary
final rule was published in lieu of a
final rule. 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 to
incorporate the Interim Rule updates
and ensure the safety of life during the
Mavericks Surf Competition.
On January 10, 2017, we published an
NPRM titled Special Local Regulation;
Mavericks Surf Competition, Half Moon
Bay, CA (82 FR 2930). During the
comment period which ended on
February 9, 2017, three comments were
received.
We are implementing the following
changes to the Interim Rule based on
comments received as well as lessons
learned during the multi-agency
planning process. The name of this
event has changed over the years based
on the sponsoring organization. The
Coast Guard is promulgating 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 and
applicable to any future sponsoring
organizations. In addition to initially
placing the buoys to outline Zones 1
and 2, this rule expands the event
sponsor’s designation of responsibility,
outlined in the Interim Rule, to include
buoy position maintenance throughout
the course of the event. 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 of Marine
Inspections (OCMI) prior to the
competition. Finally, the definition of
‘‘spectator vessel’’ was expanded to
specifically include human-powered
craft.
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
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
53415
Francisco the responsibility of issuing
such regulations.
The Mavericks Surf Competition is a
one-day ‘‘Big Wave’’ surfing
competition between big wave surfers
specifically invited to participate by the
event sponsor. 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 modifying and finalizing the interim
rule 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 final 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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, the Coast Guard
received three respondent comments,
noting several concerns, to the NPRM
published on January 10, 2017. One
comment recommends a more stringent
specificity of swell conditions on the
day of the event to promote the safe
operation of vessels in the area. The
environmental parameters outlined in
this regulation are determining factors
which are necessary precursors to
optimal conditions for holding the big
wave surfing event; conditions which
typically are not optimal for vessel
operations. In order to mitigate the risk
to safe operation of vessels on the day
of the surfing event, the Coast Guard
promulgated the Interim Rule which
defines an operating area for spectator
vessels. The operating area provides an
area for spectator vessels that is
minimally influenced by the breaking
surf. The Coast Guard determined that,
the introduction of specific swell
periodicity as a Coast Guard required
condition to hold the competition
would unnecessarily limit favorable
days in which the surfing event could
take place without further mitigating the
risk to vessel operations on the day of
the event.
One comment notes the economic
determination in the NPRM to be
erroneous, as the rule would have a
significant economic impact on a
substantial number of small entities.
The Coast Guard disagrees with this
E:\FR\FM\16NOR1.SGM
16NOR1
nshattuck on DSK9F9SC42PROD with RULES
53416
Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Rules and Regulations
comment. The amendments within this
rule do not unduly restrict spectator
vessel traffic within Zone 2, the
spectator viewing area. In contrast, the
Coast Guard aims to facilitate the safe
viewing of this surf competition by
establishing and assigning maintenance
responsibility of a clearly delineated
region for spectators to safely maneuver
while viewing the competition.
One comment recommends defining
specific parameters that must be met by
support vessels. The Coast Guard finds
that mandating specific vessel
parameters for ‘‘supporting vessels’’
unduly limits the event sponsor from
considering all available assets capable
of providing support to the event. Under
the current proposal, all vessels
proposed by the sponsor as ‘‘support
vessels’’ must be vetted and approved
for operation, in their capacity, as a
‘‘support vessel’’ prior to the day of the
event. The vetting and approval of
‘‘support vessels’’ is conducted as a
necessary precursor to the issuance of
the annual Marine Event Permit. In this
process, it is incumbent upon the event
sponsor to propose only vessels
necessary and capable of safely
providing direct support to event
competitors. Each proposed vessel is
thoroughly evaluated by the OCMI and
assessed in regards to the Coast Guard’s
ability to safely render assistance if
needed on the day of the event.
Proposed ‘‘support vessels’’ whose
maneuverability, crew manning, or
scope of support is found to be
insufficient to safely operate within
Zone 1, will be limited in the range of
their operation in support of the event
or denied approval to serve as a
supporting vessel entirely, as stipulated
in the documentation associated with
the annual Marine Event Permit issued
to the event sponsor.
One comment argued that the
definition of ‘‘spectator vessel’’ was too
vague. The Coast Guard finds that the
definition of a ‘‘spectator vessel’’ as
‘‘any vessel or person, including
human-powered craft, which is not
designated by the sponsor as a support
vessel’’ serves to differentiate between
conspicuously marked ‘‘support
vessels’’ which have previously been
vetted and approved by the OCMI as
part of the Marine Event Permit
approval to provide direct support to
the competitors, and all other vessels in
the area on the day of the event.
No changes were made to the rule
based upon the received comments;
however the Coast Guard recognizes the
importance of imposing appropriate
controls on vessels attempting to gain
access to the area encompassed by Zone
1 on the day of the competition.
VerDate Sep<11>2014
14:33 Nov 15, 2017
Jkt 244001
The Coast Guard is finalizing the
regulations governing 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 are established by this final
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 1,000 yards from Sail
Rock (37°29′34″ N., 122°30′02″ W.)
excluding the waters within Pillar Point
Harbor. All restrictions apply only
between 6 a.m. and 6 p.m. on the day
of the actual competition.
The effect of this regulation is 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 is designated as the competition
area, and the movement of vessels
within Zone 2 is 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 related to rulemaking.
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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 (‘‘Regulatory
Planning and Review’’) and 13563
(‘‘Improving Regulation and Regulatory
Review’’) 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
(including potential economic,
environmental, public health and safety
effects, disruptive impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. Executive Order 13771
(‘‘Reducing Regulation and Controlling
Regulatory Costs’’), directs agencies to
reduce regulation and control regulatory
costs and provides that ‘‘for every one
new regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s memorandum
‘‘Guidance Implementing Executive
Order 13771, titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (April 5, 2017).
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 did not receive any
comments from the Small Business
Administration on the Interim rule
published on October 15, 2014. 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.
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
E:\FR\FM\16NOR1.SGM
16NOR1
Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Rules and Regulations
understanding this 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.
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.
nshattuck on DSK9F9SC42PROD with RULES
C. Collection of Information
This rule will 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
analyzed this 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 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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
VerDate Sep<11>2014
14:33 Nov 15, 2017
Jkt 244001
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 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 rule involves a
regulated area of limited size and
duration. Normally such actions are
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of Commandant Instruction
M16475.lD. A Record of Environmental
Consideration is available in the docket
for this rulemaking. 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. Revise § 100.1106 to read as
follows:
■
§ 100.1106 Special Local Regulation;
Mavericks Surf Competition.
(a) Location. This special local
regulation establishes a regulated area
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
53417
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 to10 knots.
Competitor means a surfer enrolled in
the Maverick’s 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 in place
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,
which is not designated by the sponsor
as a support vessel.
Support vessel means a vessel,
including jet skis, which is designated
E:\FR\FM\16NOR1.SGM
16NOR1
nshattuck on DSK9F9SC42PROD with RULES
53418
Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Rules and Regulations
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 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
comply with a lawful direction may
result in additional operating
restrictions, citation for failure to
comply, or both.
VerDate Sep<11>2014
14:33 Nov 15, 2017
Jkt 244001
(9) During the events, vessel operators
may contact the PATCOM on VHF–FM
channel 23A.
Dated: October 16, 2017.
Patrick S. Nelson,
Captain, U.S. Coast Guard, Alternate Captain
of the Port San Francisco.
[FR Doc. 2017–24840 Filed 11–15–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0042]
RIN 1625–AA00
Safety Zones; Humboldt Bay Bar,
Eureka, CA, Noyo River Entrance, Ft.
Bragg, CA, and Crescent City Harbor
Entrance Channel, Crescent City, CA
Coast Guard, DHS.
Temporary Interim rule and
request for comments
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zones in
the navigable waters of the Humboldt
Bay Entrance Channel, of Eureka, CA,
Noyo River Entrance Channel, of Fort
Bragg, CA, and Crescent City Harbor
Entrance Channel, of Crescent City, CA
to safeguard navigation safety during
extreme environmental conditions.
These safety zones are established to
protect the safety of vessels transiting
the areas from the dangers associated
with extreme breaking surf and high
wind conditions occurring in the
Humboldt Bay Bar Channel, Noyo River
Entrance Channel, and Crescent City
Harbor Entrance Channels. When
enforced, entry of persons or vessels
into this temporary safety zone is
prohibited unless specifically
authorized by the Captain of the Port
(COTP), San Francisco or his designated
representative.
DATES: This rule is effective without
actual notice from November 16, 2017
until 11:59 p.m. on March 31, 2018. For
the purposes of enforcement, actual
notice will be used from October 27,
2017 until November 16, 2017. This rule
will be enforced when the COTP
determines that the on scene conditions
are hazardous and unsafe for vessel
transits, typically expected to be 20 foot
breaking seas at each location.
Enforcement will be announced via
local Broadcast Notice to Mariners.
ADDRESSES: You may submit comments
view documents mentioned in this
preamble as being available in the
SUMMARY:
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
docket, go to https://
www.regulations.gov, type [USCG–
2017–0042] in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this interim rule,
call or email Lieutenant Commander
Rebecca Deakin, U.S. Coast Guard
Sector San Francisco; telephone (415)
399–7401 or email at D11-PFMarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
APA Administrative Procedures Act
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of Proposed Rulemaking
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary interim rule without prior
notice and opportunity to comment
pursuant to 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
not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule. Publishing an NPRM would be
impracticable in this case due to having
received initial notice of the extreme
environmental and weather conditions
substantiating this rule on October 19,
2017.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register, as delaying the effective date
of this rule would be impracticable due
to the timing of the forecast
environmental and weather conditions.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port (COTP), San
Francisco has determined that this rule
is necessary to provide for the safety of
Coast Guard members, mariners, and
other vessels transiting the area where
E:\FR\FM\16NOR1.SGM
16NOR1
]]>Agencies
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Rules and Regulations]
[Pages 53414-53418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24840]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0427]
RIN 1625-AA08
Special Local Regulation; Mavericks Surf Competition, Half Moon
Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising 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. This revision is necessary 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
revision temporarily restricts vessel traffic in the vicinity of Pillar
Point and prohibits vessels and persons not participating in or
directly supporting the surfing event from entering the dedicated
surfing area and a designated no-entry area.
DATES: This rule is effective December 18, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number USCG-2015-0427 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) 399-2001, email
at D11-PF-MarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
COTP Captain of the Port
PATCOM Patrol Commander
OCMI Officer in Charge of Marine Inspections
NRPM Notice of Proposed Rulemaking
U.S.C. United States Code
[[Page 53415]]
II. Background Information and Regulatory History
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
area would result in a larger than expected number of spectator vessels
in the vicinity of the event.
This final rule 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 final rule are intended to ensure the safety of
competitors from spectator vessels, and enhances the 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. This final
rule finalizes the Interim Rule updates proposed in the Notice of
Proposed Rule Making.
On November 3, 2015 and November 23, 2016, we promulgated temporary
final rules for the Mavericks Surf Competition, which was most recently
held on February 12, 2016, and subsequently not held in the 2016-2017
season after the sponsoring organization filed for bankruptcy. The
temporary rules were needed to incorporate the updates noted in this
Final Rule which include: Requiring buoy position maintenance by the
event sponsors, expanding the definition of ``spectator vessel'' to
include human powered craft and expanding the definition of ``support
vessel'' to include jet skis. The Coast Guard determined a NPRM was
necessary to afford the public the opportunity to comment on the
aforementioned updates to the Interim Rule and because the Mavericks
Surf Competition would occur before NPRM process was complete.
Therefore to meet the event season deadline, a temporary final rule was
published in lieu of a final rule. 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 to
incorporate the Interim Rule updates and ensure the safety of life
during the Mavericks Surf Competition.
On January 10, 2017, we published an NPRM titled Special Local
Regulation; Mavericks Surf Competition, Half Moon Bay, CA (82 FR 2930).
During the comment period which ended on February 9, 2017, three
comments were received.
We are implementing the following changes to the Interim Rule based
on comments received as well as lessons learned during the multi-agency
planning process. The name of this event has changed over the years
based on the sponsoring organization. The Coast Guard is promulgating
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 and applicable to any future sponsoring
organizations. In addition to initially placing the buoys to outline
Zones 1 and 2, this rule expands the event sponsor's designation of
responsibility, outlined in the Interim Rule, to include buoy position
maintenance throughout the course of the event. 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 of Marine Inspections
(OCMI) prior to the competition. Finally, the definition of ``spectator
vessel'' was expanded to specifically include human-powered craft.
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 Mavericks Surf Competition is a one-day ``Big Wave'' surfing
competition between big wave surfers specifically invited to
participate by the event sponsor. 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
modifying and finalizing the interim rule 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 final 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, the Coast Guard received three respondent comments,
noting several concerns, to the NPRM published on January 10, 2017. One
comment recommends a more stringent specificity of swell conditions on
the day of the event to promote the safe operation of vessels in the
area. The environmental parameters outlined in this regulation are
determining factors which are necessary precursors to optimal
conditions for holding the big wave surfing event; conditions which
typically are not optimal for vessel operations. In order to mitigate
the risk to safe operation of vessels on the day of the surfing event,
the Coast Guard promulgated the Interim Rule which defines an operating
area for spectator vessels. The operating area provides an area for
spectator vessels that is minimally influenced by the breaking surf.
The Coast Guard determined that, the introduction of specific swell
periodicity as a Coast Guard required condition to hold the competition
would unnecessarily limit favorable days in which the surfing event
could take place without further mitigating the risk to vessel
operations on the day of the event.
One comment notes the economic determination in the NPRM to be
erroneous, as the rule would have a significant economic impact on a
substantial number of small entities. The Coast Guard disagrees with
this
[[Page 53416]]
comment. The amendments within this rule do not unduly restrict
spectator vessel traffic within Zone 2, the spectator viewing area. In
contrast, the Coast Guard aims to facilitate the safe viewing of this
surf competition by establishing and assigning maintenance
responsibility of a clearly delineated region for spectators to safely
maneuver while viewing the competition.
One comment recommends defining specific parameters that must be
met by support vessels. The Coast Guard finds that mandating specific
vessel parameters for ``supporting vessels'' unduly limits the event
sponsor from considering all available assets capable of providing
support to the event. Under the current proposal, all vessels proposed
by the sponsor as ``support vessels'' must be vetted and approved for
operation, in their capacity, as a ``support vessel'' prior to the day
of the event. The vetting and approval of ``support vessels'' is
conducted as a necessary precursor to the issuance of the annual Marine
Event Permit. In this process, it is incumbent upon the event sponsor
to propose only vessels necessary and capable of safely providing
direct support to event competitors. Each proposed vessel is thoroughly
evaluated by the OCMI and assessed in regards to the Coast Guard's
ability to safely render assistance if needed on the day of the event.
Proposed ``support vessels'' whose maneuverability, crew manning, or
scope of support is found to be insufficient to safely operate within
Zone 1, will be limited in the range of their operation in support of
the event or denied approval to serve as a supporting vessel entirely,
as stipulated in the documentation associated with the annual Marine
Event Permit issued to the event sponsor.
One comment argued that the definition of ``spectator vessel'' was
too vague. The Coast Guard finds that the definition of a ``spectator
vessel'' as ``any vessel or person, including human-powered craft,
which is not designated by the sponsor as a support vessel'' serves to
differentiate between conspicuously marked ``support vessels'' which
have previously been vetted and approved by the OCMI as part of the
Marine Event Permit approval to provide direct support to the
competitors, and all other vessels in the area on the day of the event.
No changes were made to the rule based upon the received comments;
however the Coast Guard recognizes the importance of imposing
appropriate controls on vessels attempting to gain access to the area
encompassed by Zone 1 on the day of the competition.
The Coast Guard is finalizing the regulations governing 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 are
established by this final 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
1,000 yards from Sail Rock (37[deg]29'34'' N., 122[deg]30'02'' W.)
excluding the waters within Pillar Point Harbor. All restrictions apply
only between 6 a.m. and 6 p.m. on the day of the actual competition.
The effect of this regulation is 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 is designated as the competition
area, and the movement of vessels within Zone 2 is 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 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 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental,
public health and safety effects, disruptive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See OMB's memorandum ``Guidance
Implementing Executive Order 13771, titled `Reducing Regulation and
Controlling Regulatory Costs' '' (April 5, 2017).
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 did not receive any comments from the Small
Business Administration on the Interim rule published on October 15,
2014. 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.
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
[[Page 53417]]
understanding this 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.
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 will 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 analyzed this 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 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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 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 rule involves a regulated area of limited size and
duration. Normally such actions are categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of Commandant Instruction
M16475.lD. A Record of Environmental Consideration is available in the
docket for this rulemaking. 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. 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 to10 knots.
Competitor means a surfer enrolled in the Maverick's 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 in place 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, which is not designated by the sponsor as a support
vessel.
Support vessel means a vessel, including jet skis, which is
designated
[[Page 53418]]
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 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 23A.
Dated: October 16, 2017.
Patrick S. Nelson,
Captain, U.S. Coast Guard, Alternate Captain of the Port San Francisco.
[FR Doc. 2017-24840 Filed 11-15-17; 8:45 am]
BILLING CODE 9110-04-P
