[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Rules and Regulations]
[Pages 8651-8653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3357]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-1093]
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 on certain navigable waters of Half Moon Bay in support of 
the Mavericks Surf Competition. This special local regulation is 
necessary to ensure the safety of participants and spectators during 
the event. Entry into this zone is prohibited unless authorized by the 
Captain of the Port San Francisco, CA.

DATES: This rule is effective from February 15, 2011 through February 
28, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-1093 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-1093 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Lieutenant Junior Grade Liezl Nicholas at (415) 
399-7436, or e-mail [email protected]. If you have questions 
on viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202)366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final 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 because immediate action is needed to provide 
for the safety of life and property on navigable waters. 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, spectator craft, 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.
    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. Any delay in the effective date of 
this rule would expose mariners to the dangers posed by the surf 
conditions during the Mavericks Surf Competition.

Basis and Purpose

    The Mavericks Surf Competition is a one day ``Big Wave'' surfing 
competition consisting of the top 24 big wave surfers and 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. Because weather 
conditions are integral to the occurrence of the Maverick Surf 
Competition, the exact date of the event cannot be determined in 
advance. The rock and reef ridges that make up the sea floor of the 
Pillar Point area combined with just the right weather conditions 
create the large waves that Mavericks is known for. Due to the 
treacherous terrain and un-navigable areas surrounding Pillar Point, 
the Coast Guard is establishing a special local regulation within a 
1,000 yard radius of Pillar Point that restricts navigation near the 
surf competition area and neighboring treacherous terrain and 
identifies the safest area for spectator viewing on the water.

Discussion of Rule

    The Coast Guard is establishing a special local regulation within a 
1,000 yard radius of Pillar Point in Half Moon Bay. The Mavericks Surf 
Competition will occur in the vicinity of Pillar Point in the navigable 
waters of Half Moon Bay, and the spectator viewing area will be located 
inside the following coordinates: 37[deg]29.265' N 122[deg]30.165' W, 
37[deg]29.248' N 122[deg]29.978' W, and 37[deg]29.406' N 
122[deg]30.081' W (NAD 83). Competitors, participating agencies (Coast 
Guard, San Mateo Police Marine Patrol, Pillar Point Harbor Patrol, San 
Mateo Fire Marine Patrol) and the public (to include but not restricted 
to: Commercial sightseeing vessels, photographer platforms and 
recreational boaters) will be given 48 hours notice prior to the start 
of the one day competition. This action is necessary to ensure the 
safety of participants and spectators during the event. During the 
enforcement period, unauthorized persons (persons not classified as 
spectators, participants or participating agencies) or vessels are 
prohibited from transiting through, anchoring, blocking, or loitering 
in the regulated area without permission of the Captain of the Port 
(COTP) or their designated representative.
    The effect of the temporary special local regulation will be to 
regulate navigation in the vicinity of Pillar Point while the Mavericks 
Surf Competition is taking place. Except for persons or vessels 
authorized by the Coast Guard Patrol Commander (persons classified as 
spectators, participants or participating agencies), no person or 
vessel may transit within the bounds of the regulated area. These 
regulations are needed to keep spectators and vessels a safe distance 
away from the event participants and the un-navigable waters 
surrounding Pillar Point and to ensure the safety of participants, 
spectators, and transiting vessels.
    The Coast Guard will enforce the temporary special local regulation 
from 8 a.m. to 3 p.m. on a date to be determined. Notification of the 
enforcement of the special local regulation will be provided to the 
public via broadcast notice to mariners, as well as through advertising 
on local media.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and

[[Page 8652]]

Budget has not reviewed it under that Order.
    Although this rule regulates navigation in the waters encompassed 
by the regulated area, the effect of this rule will not be significant. 
The entities most likely to be affected are pleasure craft engaged in 
recreational activities. In addition, the rule will only regulate 
navigation for a limited time. Finally, the Public Broadcast Notice to 
Mariners will notify the users of local waterway to ensure that the 
regulated area will result in minimum impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: owners and operators of pleasure craft engaged in 
recreational activities and sightseeing intending to transit the area 
during the period of enforcement. This rule will not have a significant 
economic impact on a substantial number of small entities for several 
reasons: (i) This rule will encompass only a small portion of the 
waterway for a limited period of time; (ii) vessel traffic can pass 
safely around the area; (iii) vessels engaged in recreational 
activities and sightseeing have ample space outside of the affected 
areas of Half Moon Bay, CA to engage in these activities; and (iv) the 
maritime public will be advised in advance of this regulated area via 
Broadcast Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 0023.1 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human

[[Page 8653]]

environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(h), of the Instruction. This rule involves establishing 
a temporary special local regulation.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 100

    Harbors, 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 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.


0
2. Add Sec.  100.T11-388 to read as follows:


Sec.  100.T11-388  Special Local Regulation; Mavericks Surf 
Competition, Half Moon Bay, CA.

    (a) Regulated area. (1) This temporary special local regulation is 
established for the waters located within a 1,000 yard radius of Pillar 
Point during the Mavericks Surf Competition.
    (2) The spectator viewing area is located inside the following 
coordinates: 37[deg]29.265' N 122[deg]30.165' W, 37[deg]29.248' N 
122[deg]29.978' W, and 37[deg]29.406' N 122[deg]30.081' W (NAD 83).
    (b) Enforcement Period. On the date of the event, as determined by 
weather conditions, the special local regulation will be enforced from 
8 a.m. to 3 p.m.
    (c) Special local regulations. (1) Entry into, transiting, or 
anchoring within the regulated area as defined in (a)(1) of this 
section is prohibited unless authorized by the Captain of the Port San 
Francisco (COTP) or a designated representative. The regulated area is 
closed to all vessel traffic, except as may be permitted by the COTP or 
a designated representative.
    (2) Persons or vessels that have been authorized to enter the area 
must comply with all directions given to them by the COTP or a 
designated representative.
    (3) Spectators wishing to view the competition on the water may 
only do so from the spectator viewing area defined in paragraph (a)(2) 
of this section.
    (4) Persons or vessels may request permission to enter the 
regulated area on VHF-16 or through the 24-hour Command Center 
telephone at (415)-399-3547.
    (5) ``Designated representative'' means a Coast Guard Patrol 
Commander, including a Coast Guard coxswain, petty officer, or other 
officer operating a Coast Guard vessel, and a Federal, State, or local 
officer designated by or assisting the COTP in the enforcement of the 
special local regulation.
    (d) Effective period. This section is effective during the 
Mavericks Surf Competition which is a one day competition scheduled to 
take place when organizers of the competition deem surf conditions to 
be appropriate on a day between January 26, 2011 and February 28, 2011.

    Dated: January 25, 2011.
J.W. Jewess,
Captain, U.S. Coast Guard, Acting Captain of the Port San Francisco.
[FR Doc. 2011-3357 Filed 2-14-11; 8:45 am]
BILLING CODE 9110-04-P