[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Proposed Rules]
[Pages 2930-2933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00175]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0715]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise 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. We are proposing this revision 
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 proposed revision would temporarily restrict 
vessel traffic in the vicinity of Pillar Point and prohibit vessels and 
persons not participating in the surfing event from entering the 
dedicated surfing area and a designated no-entry area. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 9, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0427 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Marcia Medina, U.S. Coast 
Guard Sector San Francisco; telephone (415) 399-7443, email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

ATON Aids to Navigation
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OCMI Officer in Charge, Marine Inspection
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    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 
would result in a larger than expected number of spectator vessels in 
the vicinity of the event.
    The Coast Guard considered promulgating a safety zone which would 
prevent spectator vessels from encroaching on the competition area to 
preserve the safety of both the surfers and the spectators. Because it 
proved impossible to reliably predetermine the exact location of 
breaking surf, the Coast Guard did not establish a safety zone for 
subsequent events, but has continued to maintain a presence at the 
event to protect the competitors from encroaching spectator vessels and 
vice versa.
    This proposed rulemaking would formalize the scheme employed during 
the 2013, 2014, and 2015 competitions, which proved to be an effective 
means of separating competitors from spectators. The two zones and 
associated regulations contained in this proposed rule are intended to 
ensure the safety of competitors from spectator vessels, and to enhance 
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.
    On November 3, 2015, we published a temporary final rule (80 FR 
67635) for the Mavericks Surf Competition which was most recently held 
on February 12, 2016. That temporary rule was 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. In the Coast 
Guard's assessment, that temporary final rule provided an effective 
scheme for ensuring the safety of life during the Mavericks Surf 
Competition.
    We are proposing the following changes based on lessons learned 
during the multi-agency planning process. The name of this event has 
changed over the years based on the sponsor. The Coast Guard decided to 
propose 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 in order to apply to any future sponsor. In 
addition, this proposed rule would clarify that the maintenance of the 
buoy placement throughout the course of the event is a requirement for 
the event sponsor. 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, Marine Inspection (OCMI) prior to the competition. 
Due to the temperamental nature of buoy locations with regards to swing 
circles, the proposed definition for ``Zone 1'' and ``Zone 2'' would 
both amend the ATON buoy reference of ``Pillar Point Entrance Lighted 
Gong Buoy 1'' to only reference a latitude and longitude position. 
Finally, the definition of ``spectator vessel'' was expanded to 
specifically include human-powered craft.
    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 the top big wave

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surfers as chosen by the event organizer. 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 
proposing to modify Sec.  100.1106 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 proposed 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.

III. Discussion of Proposed Rule

    The Coast Guard proposes to revise a regulated area for 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 would be 
established by this proposed 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 
(http://www.charts.noaa.gov/OnLineViewer/18682.shtml). 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 proposed restrictions would 
apply only between 6 a.m. and 6 p.m. on the day of the actual 
competition.
    The effect of this regulation would be to restrict navigation in 
the vicinity of Pillar Point during the Mavericks Surf Competition. 
During the enforcement period, the Coast Guard would 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.

IV. Regulatory Analyses

    We developed this proposed 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 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM 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 
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 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    The Coast Guard did not receive any comments from the Small 
Business Administration on the Interim rule published on October 15, 
2014. Also, while some owners or operators of vessels intending to 
transit the safety zone may be small entities, for the reasons stated 
in section IV.A above this proposed rule would not have a significant 
economic impact on any vessel owner or operator. If you think that your 
business, organization, or governmental jurisdiction qualifies as a 
small entity and that this rule would have a significant economic 
impact on it, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and how and to what degree this rule would 
economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed 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 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

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analyzed this proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed 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 proposed 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 proposed rule involves a 
regulated area of limited size and duration. Normally such actions are 
categorically excluded from further review under paragraph 34(h) and 
35(b) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
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 
proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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 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 Mavericks 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 
Coast Guard will notify the public of the zone locations via

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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 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, 
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 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 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) If granted permission to enter the regulated area, 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 16.

    Dated: December 13, 2016.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2017-00175 Filed 1-9-17; 8:45 am]
 BILLING CODE 9110-04-P