[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Rules and Regulations]
[Pages 9850-9852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3868]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1146]
RIN 1625-AA08
Safety Zone; 2012 Mavericks Invitational, Half Moon Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
support of the Mavericks Surf Competition. This temporary safety zone
will establish a temporary safety zone in vicinity of Pillar Point in
the navigable waters of Half Moon Bay, California. The regulation will
temporarily restrict vessel traffic in vicinity of Pillar Point and
prohibit vessels not participating in the surfing event from entering
the dedicated surfing area and the hazardous waters surrounding Pillar
Point. This regulation is necessary to provide for the safety of life
on the navigable waters immediately prior to, during, and immediately
after the surfing competition.
DATES: Effective Date: This rule is effective in the CFR from February
21, 2012 until 3 p.m. March 31, 2012. This rule is effective with
actual notice for purposes of enforcement beginning 7 a.m. January 23,
2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1146 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-1146 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 DeCarol Davis (415) 399-
7443, or email [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 the event would occur before the
rulemaking process would be completed. Because of the dangers posed by
the surf conditions during the 2012 Mavericks Invitational surf
competition, the safety zone 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.
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 2012 Mavericks Invitational.
Basis and Purpose
The 2012 Mavericks Invitational 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. 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
safety zone in vicinity of Pillar Point that restricts navigation in
the area of the surf competition and in neighboring hazardous areas.
Discussion of Rule
The Coast Guard is establishing a safety zone associated with the
2012 Mavericks Invitational surf competition. The 2012 Mavericks
Invitational will take place on a day that presents favorable surf
conditions between 7 a.m. Monday January 23, 2012 and 3 p.m. Saturday
March 31, 2012. The 2012 Mavericks Invitational can only occur when 15-
20 foot waves are sustained for over 24 hours and are combined with
mild easterly winds of no more than 5-10 knots. Unpredictable weather
patterns and the event's narrow operating window limit the Coast
Guard's ability to notify the public of the event. The Coast Guard will
issue notice of the event as soon as practicable, and no later than 24
hours prior via the Broadcast Notice to Mariners.
The 2012 Mavericks Invitational will occur on the navigable waters
of Half Moon Bay in vicinity of Pillar Point. The Coast Guard will
enforce a temporary safety zone bounded by a line connecting the
following coordinates in the order they appear: 37[deg]29[min]23[sec]
N, 122[deg]30[min]04[sec] W; 37[deg]29[min]15[sec] N,
122[deg]30[min]10[sec] W; 37[deg]29[min]17[sec] N,
122[deg]30[min]30[sec] W; 37[deg]29[min]36[sec] N,
122[deg]30[min]16[sec] W; 37[deg]29[min]23[sec] N,
122[deg]30[min]04[sec] W; 37[deg]29[min]36[sec] N,
122[deg]29[min]21[sec] W; 37[deg]29[min]13[sec] N,
122[deg]29[min]25[sec] W; 37[deg]29[min]15[sec] N,
122[deg]29[min]58[sec] W; 37[deg]29[min]23[sec] N,
122[deg]30[min]04[sec] W (NAD 83).
The effect of this temporary safety zone will be to restrict
navigation in the vicinity of Pillar Point while the 2012 Mavericks
Invitational is taking place. During the enforcement period,
unauthorized persons or vessels are prohibited from transiting through,
anchoring, blocking, or loitering in the safety zone without permission
of the COTP or PATCOM. Vessels desiring to enter or operate in the
safety zone shall do so with COTP or PATCOM permission via VHF-23A or
through the 24-hour Command Center telephone at (415) 399-3547.
This safety zone is needed to keep spectators and vessels a safe
distance away from the event participants and the hazardous waters
surrounding Pillar
[[Page 9851]]
Point. Failure to comply with the lawful directions of the Coast Guard
could result in additional vessel movement restrictions, citation, or
both.
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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
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 fishing vessels and
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.
Although this rule may affect owners and operators of fishing
vessels and pleasure craft engaged in recreational activities and
sightseeing, it 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 commercial and recreational activities 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
[[Page 9852]]
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 environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction, which applies to regulations establishing,
disestablishing, or changing Regulated Navigation Areas, safety zones
or security zones.
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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T11-472 to read as follows:
Sec. 165-T11-472 Safety Zone; 2012 Mavericks Invitational, Half Moon
Bay, CA.
(a) Location. This safety zone is established for the waters of
Half Moon Bay, California, in the vicinity of Pillar Point bounded by a
line connecting the following coordinates in the order they appear
written in this section: 37[deg]29[min]23[sec] N,
122[deg]30[min]04[sec] W; 37[deg]29[min]15[sec] N,
122[deg]30[min]10[sec] W; 37[deg]29[min]17[sec] N,
122[deg]30[min]30[sec] W; 37[deg]29[min]36[sec] N,
122[deg]30[min]16[sec] W; 37[deg]29[min]23[sec] N,
122[deg]30[min]04[sec] W; 37[deg]29[min]36[sec] N,
122[deg]29[min]21[sec] W; 37[deg]29[min]13[sec] N,
122[deg]29[min]25[sec] W; 37[deg]29[min]15[sec] N,
122[deg]29[min]58[sec] W; 37[deg]29[min]23[sec] N,
122[deg]30[min]04[sec] W (NAD 83).
(b) Definitions. Patrol Commander (PATCOM). As used in this
section, ``Patrol Commander'' or ``PATCOM'' means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer, or a Federal, State, or local officer designated by the
Captain of the Port San Francisco (COTP) to assist in the enforcement
of the safety zone.
(c) Enforcement period. This rule is effective during the 2012
Maverick Invitational, which will take place on a day that presents
favorable surf conditions between 7 a.m. Monday January 23, 2012 and 3
p.m. Saturday March 31, 2012. The Coast Guard will issue notice of the
event to the public as soon as practicable, and no later than 24 hours
prior to the event via Broadcast Notice to Mariners.
(d) Regulations. (1) Under the general regulations in 33 CFR part
165, Subpart C this title, the safety zone is closed to all
unauthorized vessel traffic, except as may be permitted by the COTP or
PATCOM.
(2) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or PATCOM to obtain permission. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the COTP or PATCOM. Persons
or vessels may request permission to enter the safety zone on VHF-23A
or through the 24-hour Command Center telephone at (415)-399-3547.
(4) The COTP, or PATCOM as the designated representative of the
COTP, may control the movement of all vessels operating on the
navigable waters of Half Moon Bay when the COTP has determined that
such orders are justified in the interest of safety by reason of
weather, visibility, sea conditions, temporary port congestion, and
other temporary hazardous circumstances. When hailed or signaled by
PATCOM, 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.
Dated: January 23, 2012.
C.L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2012-3868 Filed 2-17-12; 8:45 am]
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