[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]


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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.

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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 http://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 [email protected].

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