
[Federal Register Volume 79, Number 199 (Wednesday, October 15, 2014)]
[Rules and Regulations]
[Pages 61762-61766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24428]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2014-0715]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a special local regulation in 
the navigable waters of Half Moon Bay, CA near Pillar Point in support 
of the Mavericks Invitational Surf Competition to be held one day 
between November 1 of each year and March 31 of the following year, 
from 6 a.m. until 6 p.m. This special local 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 a designated no-entry 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.

DATES: This rule is effective November 1, 2014.

[[Page 61763]]

    Comment Date: Comments and related material must be received by the 
Coast Guard on or before November 14, 2014.
    Requests for public meetings must be received by the Coast Guard on 
or before November 14, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0715 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Joshua Dykman, U.S. Coast Guard 
Sector San Francisco; telephone (415) 399-3585 or email at D11-PF-MarineEvents@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Program Manager, Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0715) in the ``Search'' box and click 
``Search.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0715) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold public meetings on this rule. However, you 
may submit a request for one on or before November 14, 2014 using one 
of the methods specified under ADDRESSES. Please explain why you 
believe a public meeting would be beneficial. If we determine that one 
would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Mavericks Invitational 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 and 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 special local 
regulation 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 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 Invitational 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.
    The Coast Guard is enacting this special local regulation without 
publishing an NPRM. The Coast Guard finds good cause for publishing 
this interim rule without an NPRM because an NPRM, in this case, is 
unnecessary.

[[Page 61764]]

Public interest in this regulation is low: This event involves a 
limited area, does not restrict navigation and is enforced for only one 
day within the regulated period. In addition, the Coast Guard has been 
working with the event sponsors, participants and spectators for two 
years and has received input from the involved parties on how to best 
manage this event over the years. Finally, by publishing this rule as 
an interim rule, the Coast Guard remains open to public comment on how 
to improve the regulation.
    The effective date of this regulation is less than thirty days from 
the date of publication. The Coast Guard finds good cause for making 
this interim rule effective less than thirty days after publication 
because doing so is unnecessary. This event has been occurring for the 
previous two years and is known to the local community. In addition, 
the Coast Guard has been working with the event sponsors, participants 
and spectators for two years and has a good idea how to best manage 
this event. Finally, while the regulation will be in effect starting in 
November, the date of the event is most likely to be between January 
and March, so sufficient notice before the actual enforcement period 
would be available.

C. Basis and Purpose

    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 Invitational 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 vicinity of 
Pillar Point that restricts navigation in the area of the surf 
competition and in neighboring hazardous areas. This regulation 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.

D. Discussion of the Interim Rule

    The Coast Guard is establishing a regulated area for the Mavericks 
Invitational Surf Competition. The Mavericks Invitational 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 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 Mavericks Invitational Surf Competition will occur in the 
navigable waters of Half Moon Bay, CA in 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 Invitational 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 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.

E. Regulatory Analyses

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

1. 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 those Orders.
    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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect owners and operators of commercial 
vessels, and pleasure craft engaged in recreational activities and 
sightseeing. 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, and (ii) the maritime public will be advised in advance 
of the enforcement of the regulated area via Broadcast Notice to 
Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental

[[Page 61765]]

jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT, above.
    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.

4. 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).

5. 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.

6. 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.

7. 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 will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 limited size and 
duration. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. 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.

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--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.


0
2. Add Sec.  100.1106 to read as follows:


Sec.  100.1106  Special Local Regulation; Annual Mavericks Invitational 
Big Wave 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. Movement within marinas, pier spaces, and facilities within 
Pillar Point Harbor is not regulated by this section.
    (b) Enforcement Period. The following regulations will be enforced 
between the hours of 6 a.m. and 6 p.m. on one day between November 1 of 
each year and March 31 of the following year. Annual notice of the 
specific enforcement dates and times of these regulations will be 
announced via Broadcast Notice to Mariners and published by the Coast 
Guard in a Boating Public Safety Notice at least 24 hours in advance of 
the competition. Annual notice of the specific enforcement dates and 
times will also be published in a Notice of Enforcement in the Federal 
Register each year.
    (c) Definitions. (1) Patrol Commander. 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) pursuant to a Memorandum of 
Understanding with that agency, to assist in the enforcement of the 
special local regulation.
    (2) Regulated Area. As used in this section ``Regulated Area'' 
means the area in which the Maverick's Invitational Surf Competition 
will take place. This area is bounded by an arc

[[Page 61766]]

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 by the event sponsor in a pattern approved by PATCOM. In 
addition, the USCG will notify the public of the zone locations via 
broadcast notice to mariners on the day of the event.
    (3) Zone 1. As used in this section, ``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).
    (4) Zone 2. As used in this section, ``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. 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. 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).
    (5) Competitor. As used in this section ``competitor'' means a 
surfer, enrolled in the Maverick's Invitational Surf Competition.
    (6) Support Vessel. As used in this section ``support vessel'' 
means a vessel which is designated and conspicuously marked by the 
sponsor to provide direct support to the competitors.
    (7) Spectator Vessel. As used in this section ``spectator vessel'' 
means any vessel or person which is not designated by the sponsor as a 
support vessel.
    (d) Special Local Regulations. The following regulations apply 
between the hours of 6am and 6pm on the competition day.
    (1) Regulated Area Restrictions:
    (i) Only support vessels may be authorized by the Patrol Commander 
(PATCOM) to enter Zone 1 during the competition.
    (ii) Entering the water in Zone 1 by any person other than the 
competitors is prohibited. Competitors shall enter the water in Zone 1 
from authorized support vessels only.
    (iii) Vessels within Zone 2 shall 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.
    (iv) Entering the water in Zone 2 by any person is prohibited.
    (v) Rafting and anchoring of vessels are prohibited within the 
Regulated Area.
    (vi) Only vessels authorized by PATCOM shall be permitted to tow 
other watercraft within the regulated area.
    (vii) Spectator and support vessels in Zones 1 and 2 shall operate 
at speeds which will create minimum wake, in general, seven (7) miles 
per hour or less.
    (viii) When hailed or signaled by 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.
    (ix) During the events, vessel operators may contact the PATCOM on 
VHF-FM channel 16.
    (2) [Reserved]

    Dated: September 18, 2014.
Michael H. Day,
Captain, U.S. Coast Guard. Captain of the Port San Francisco, Acting.
[FR Doc. 2014-24428 Filed 10-14-14; 8:45 am]
BILLING CODE 4910-15-P


