[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67635-67638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27998]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0949]
RIN 1625-AA08


Special Local Regulation; Mavericks Surf Competition, Half Moon 
Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation in the navigable waters of Half Moon Bay, CA, near Pillar 
Point in support of the Mavericks Surf Competition, an annual 
invitational surf competition held at the Mavericks Break. This special 
local regulation will temporarily restrict vessel traffic in the 
vicinity of Pillar Point and prohibit vessels and persons not 
participating in the surfing event from entering the surf competition 
area. This regulation is necessary to provide for the safety of life on 
the navigable waters immediately prior to, during, and immediately 
after the surfing competition, which is held only one day during the 
period of November 1, 2015, through March 31, 2016.

DATES: Effective date: This rule is effective November 3, 2015 through 
March 31, 2016.
    Enforcement date: This rule will be enforced on the competition 
day, which, if defined wave and wind conditions are met, will occur one 
day during the period from November 1, 2015, through March 31, 2016. 
This rule will be enforced from 6 a.m. until 6 p.m. on the actual 
competition day.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0949 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Lieutenant Junior Grade Christina Ramirez, 
U.S. Coast Guard Sector San Francisco; telephone (415) 399-3585, email 
at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
OCMI Officer in Charge of Marine Inspections
NPRM Notice of Proposed Rulemaking

II. Background Information and Regulatory History

    The Mavericks Surf Competition is a one day ``Big Wave'' surfing 
competition between the top 24 big wave surfers. The competition only 
occurs when 15-20 foot waves are sustained for over 24 hours and are 
combined with mild easterly winds of no more than 5-10 knots. The rock 
and reef ridges that make up the sea floor of the Pillar Point area, 
combined with optimal weather conditions, create the large waves that 
Mavericks is known for. Due to the hazardous waters surrounding Pillar 
Point at the time of the surfing competition, the Coast Guard is 
establishing a special local regulation in the vicinity of Pillar Point 
that restricts navigation in the area of the surf competition and in 
neighboring hazardous areas.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to

[[Page 67636]]

authority under section 4(a) of the Administrative Procedure Act (APA) 
(5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule 
without prior notice and opportunity to comment when the agency for 
good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. It is impracticable to publish an 
NPRM because we must establish this special local regulation by 
November 1, 2015, and the competition would occur before the notice-
and-comment rulemaking process would be completed. The rule needs to be 
effective by that date to respond to the potential safety hazards 
associated with the dangers posed by the surf conditions during the 
Mavericks Surf Competition. The regulated area is necessary to provide 
for the safety of event participants, spectator craft, and other 
vessels transiting the event area.

III. Legal Authority and Need for Rule

    Under 33 CFR 100.35, the Coast Guard District Commander has 
authority to promulgate certain special local regulations deemed 
necessary to ensure the safety of life on the navigable waters 
immediately before, during, and immediately after an approved regatta 
or marine parade. The Commander of Coast Guard District 11 has 
delegated to the Captain of the Port (COTP) San Francisco the 
responsibility of issuing such regulations.
    The Cartel Management Inc. will sponsor the Mavericks Surf 
Competition. The Mavericks Surf Competition will take place on a day 
that presents favorable surf conditions on one day during the period 
from November 1, 2015, through March 31, 2016, from 6 a.m. until 6 p.m. 
in the navigable waters of Half Moon Bay, CA near Pillar Point in 
approximate position 37[deg]29'34'' N., 122[deg]30'02'' W. (NAD 83) as 
depicted in National Oceanic and Atmospheric Administration (NOAA) 
Chart 18682. The regulation is issued to establish a regulated area on 
the waters surrounding the competition. This regulated area is bounded 
by an arc extending 1000 yards from Sail Rock (37[deg]29'34'' N., 
122[deg]30'02'' W.) excluding the waters within Pillar Point Harbor. 
The regulated area is necessary to ensure the safety of mariners 
transiting the area.

IV. Discussion of the Rule

    The Coast Guard will enforce a regulated area in navigable waters 
defined by an arc extending 1000 yards from Sail Rock between 6 a.m. 
and 6 p.m. on the day of the actual competition. Mavericks Surf 
Competition can only occur when 15-20 foot waves are sustained for over 
24 hours and are combined with mild easterly winds of no more than 5-10 
knots. Unpredictable weather patterns and the event's narrow operating 
window limit the Coast Guard's ability to notify the public of the 
event. The Coast Guard will issue notice of the event as soon as 
practicable, but no later than 24 hours before competition day via the 
Broadcast Notice to Mariners and will issue a written Boating Public 
Safety Notice at least 24 hours in advance of Competition day. Also, 
the zones that would be established by this rule will be prominently 
marked by at least 8 buoys throughout the course of the event.
    The Mavericks Surf Competition will occur in the navigable waters 
of Half Moon Bay, CA, in the vicinity of Pillar Point as depicted in 
National Oceanic and Atmospheric Administration (NOAA) Chart 18682. The 
Coast Guard will enforce a regulated area defined by an arc extending 
1000 yards from Sail Rock (37[deg]29'34'' N., 122[deg]30'02'' W.) 
excluding the waters within Pillar Point Harbor. All restrictions would 
apply only between 6 a.m. and 6 p.m. on the day of the actual 
competition.
    The effect of this regulation will be to restrict navigation in the 
vicinity of Pillar Point during the Mavericks Surf Competition. During 
the enforcement period, the Coast Guard will direct the movement and 
access of all vessels within the regulated area. The regulated area 
will be divided into two zones. Zone 1 will be designated as the 
competition area, and the movement of vessels within Zone 2 will be 
controlled by the Patrol Commander (PATCOM).
    This regulation is needed to keep spectators and vessels a safe 
distance away from the event participants and the hazardous waters 
surrounding Pillar Point. Past competitions have demonstrated the 
importance of restricting access to the competition area to only 
vessels in direct support of the competitors. Failure to comply with 
the lawful directions of the Coast Guard could result in additional 
vessel movement restrictions, citation, or both.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.'s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the rule has not 
been reviewed by the Office of Management and Budget.
    We expect the economic impact of this rule does not rise to the 
level of necessitating a full Regulatory Evaluation. The regulated area 
and associated regulations are limited in duration, and are limited to 
a narrowly tailored geographic area. In addition, although this rule 
restricts access to the waters encompassed by the regulated area, the 
effect of this rule will not be significant because the local waterway 
users will be notified via public Broadcast Notice to Mariners to 
ensure the regulations will result in minimum impact. The entities most 
likely to be affected are small commercial vessels, and pleasure craft 
engaged in recreational activities.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule would not have a 
significant economic impact on a substantial number of small entities.
    This rule may affect small commercial vessels, and pleasure craft 
engaged in recreational activities and sightseeing. This regulated area 
would not have significant economic impact on a substantial number of 
small entities for the following reasons. This regulated area would be 
activated, and thus subject to enforcement, for a limited duration. The 
maritime public will be advised in advanced of this regulated area via 
Broadcast Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions

[[Page 67637]]

concerning its provisions or options for compliance, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule would not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a regulated area of an arc extending 1000 yards and 
lasting less than 12 hours. It is categorically excluded from further 
review under paragraph 34(h) and 35(b) of Figure 2-1 of Commandant 
Instruction M16475.lD. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 is revised to read as follows:

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Effective November 4, 2015 through March 31, 2016, suspend Sec.  
100.1106.

0
3. Effective November 4, 2015 through March 31, 2016, add Sec.  
100.T11-739 to read as follows:


Sec.  100.T11-739  Special Local Regulation; Mavericks Surf 
Competition.

    (a) Location. This special local regulation establishes a regulated 
area on the waters of Half Moon Bay, located in the vicinity of Pillar 
Point, excluding the waters within Pillar Point Harbor. This regulated 
area is defined in paragraph (c) of this section.
    (b) Enforcement period. This section will be enforced between 6 
a.m. and 6 p.m. on Competition day, which if defined wave and wind 
conditions are met, will occur for one day one day during the period 
from November 1, 2015, through March 31, 2016. Notice of the specific 
enforcement date of this section will be announced via Broadcast Notice 
to Mariners and issued in writing by the Coast Guard in a Boating 
Public Safety Notice at least 24 hours in advance of Competition day.
    (c) Definitions. As used in this section--
    Competition day means the one day between November 1 of each year 
and March 31 of the following year, that Mavericks Surf Competition 
will be held. The Mavericks Surf Competition will only be held if 15 to 
20 foot waves are sustained for over 24 hours and are combined with 
mild easterly winds of no more than 5 to 10 knots.
    Competitor means a surfer enrolled in the Mavericks Surf 
Competition.
    Patrol Commander or PATCOM means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer, or a 
Federal, State, or local officer designated by the Captain of the Port 
San Francisco (COTP), to assist in the enforcement of the special local 
regulation.
    Regulated area means the area in which the Maverick's Surf 
Competition will take place. This area is bounded by an arc extending 
1000 yards from Sail Rock (37[deg]29'34'' N., 122[deg]30'02'' W.) 
excluding the waters within Pillar Point Harbor. All coordinates are 
North American Datum 1983. Within the regulated area, at least two 
zones will be established and marked by buoys on the day of the 
competition. Due to the dynamic and changing nature of the surf, the 
exact size and location of the zones will not be made public until the 
competition day. The zones will be prominently marked by at least 8 
buoys, placed and maintained throughout the course of the event by the 
event sponsor in a pattern approved by the PATCOM. In addition, the 
USCG will notify the public of the zone locations via Broadcast Notice 
to Mariners on the day of the event.
    Spectator vessel means any vessel or person, including human 
powered craft,

[[Page 67638]]

which is not designated by the sponsor as a support vessel.
    Support vessel means a vessel, including jet skis, which is 
designated and conspicuously marked by the sponsor to provide direct 
support to the competitors. Support vessels must be pre-designated and 
approved to serve as such for this event by the Officer in Charge of 
Marine Inspection (OCMI) prior to the competition.
    Zone 1 means the competition area within the regulated area. Zone 1 
will generally be located to the northwest of a line drawn between Sail 
Rock (37[deg]29'34'' N., 122[deg]30'02'' W.) and Pillar Point Entrance 
Lighted Gong Buoy 1 (37[deg]29'10.410'' N., 122[deg]30'21.904'' W.).
    Zone 2 means the area within the regulated area where the Coast 
Guard may direct the movement of all vessels, including restricting 
vessels from this area. Zone 2 will generally be located to the 
southeast of a line drawn between Sail Rock (37[deg]29'34'' N., 
122[deg]30'02'' W.) and Pillar Point Entrance Lighted Gong Buoy 1 
(37[deg]29'10.410'' N., 122[deg]30'21.904'' W.).
    (d) Special local regulations. The following regulations apply 
between 6 a.m. and 6 p.m. on the competition day.
    (1) Only support vessels may be authorized by the Patrol Commander 
(PATCOM) to enter Zone 1 during the competition.
    (2) Entering the water in Zone 1 by any person other than the 
competitors is prohibited. Competitors may enter the water in Zone 1 
from authorized support vessels only.
    (3) Spectator vessels and support vessels within Zone 2 must 
maneuver as directed by PATCOM. Given the changing nature of the surf 
in the vicinity of the competition, PATCOM may close Zone 2 to all 
vessels due to hazardous conditions. Due to weather and sea conditions, 
the Captain of the Port may deny access to Zone 2 and the remainder of 
the regulated area to all vessels other than competitors and support 
vessels on the day of the event
    (4) Entering the water in Zone 2 by any person is prohibited.
    (5) Rafting and anchoring of vessels are prohibited within the 
regulated area.
    (6) Only vessels authorized by the PATCOM will be permitted to tow 
other watercraft within the regulated area.
    (7) Spectator and support vessels in Zones 1 and 2 must operate at 
speeds which will create minimum wake, in general, 7 miles per hour or 
less.
    (8) When hailed or signaled by the PATCOM by a succession of sharp, 
short signals by whistle or horn, the hailed vessel must come to an 
immediate stop and comply with the lawful directions issued. Failure to 
comply with a lawful direction may result in additional operating 
restrictions, citation for failure to comply, or both.
    (9) During the events, vessel operators may contact the PATCOM on 
VHF-FM channel 13.

    Dated: October 15, 2015.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2015-27998 Filed 11-2-15; 8:45 am]
 BILLING CODE 9110-04-P