80 FR 67635 - Special Local Regulation; Mavericks Surf Competition, Half Moon Bay, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 212 (November 3, 2015)
Coast Guard
Federal Register Volume 80, Issue 212 (November 3, 2015)
| Page Range | 67635-67638 | |
| FR Document | 2015-27998 |
[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)] [Rules and Regulations] [Pages 67635-67638] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27998] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 67635
other factors that HUD determines may 108 guaranteed loans can be broken the surfing competition, which is held
be relevant to this calculation. down into two categories: (1) Loans that only one day during the period of
Taking these factors into finance public infrastructure and November 1, 2015, through March 31,
consideration, HUD determined that the activities to support subsidized housing 2016.
fee for disbursements made under loan (other than financing new construction) DATES: Effective date: This rule is
guarantee commitments awarded in FY and (2) other development projects (e.g., effective November 3, 2015 through
2016 is 2.58 percent, which will be retail, commercial, industrial). The 2.58 March 31, 2016.
applied only at the time of loan percent fee was derived by weighting Enforcement date: This rule will be
disbursements. Note that future notices the default and recovery data for general enforced on the competition day, which,
may provide for a combination of up- purpose municipal debt and the data for if defined wave and wind conditions are
front and periodic fees for loan industrial development bonds according met, will occur one day during the
guarantee commitments awarded in to the expected composition of the period from November 1, 2015, through
future fiscal years but will be subject to Section 108 portfolio by corresponding March 31, 2016. This rule will be
the public comment provisions of project type. Based on dollar amount of enforced from 6 a.m. until 6 p.m. on the
§ 570.712(b)(2) of the final rule. Section 108 loan guarantee actual competition day.
As HUD discusses in response to commitments awarded during the ADDRESSES: To view documents
public comment on the amount of the period from FY 2010 through FY 2014, mentioned in this preamble as being
fee, the expected cost of a Section 108 HUD expects that 25 percent of the available in the docket, go to http://
loan guarantee is difficult to estimate Section 108 portfolio will be similar to www.regulations.gov, type USCG–2015–
using historical program data because general purpose municipal debt and 75 0949 in the ‘‘SEARCH’’ box and click
there have been no defaults in the percent of the portfolio will be similar ‘‘SEARCH.’’ Click on Open Docket
history of the program that required to industrial development bonds. In Folder on the line associated with this
HUD to invoke its full faith and credit setting the fee at 2.58 percent of the rule.
guarantee or use the credit subsidy principal amount of the guaranteed
FOR FURTHER INFORMATION CONTACT: If
reserved each year for future losses.2 loan, HUD believes that the amount
This is due to a variety of factors, generated will fully offset the cost to the you have questions about this
including the availability of Community Federal government associated with rulemaking, call or email Lieutenant
Development Block Grant (CDBG) funds making guarantee commitments Junior Grade Christina Ramirez, U.S.
as security. As authorized by Section awarded in FY 2016. Coast Guard Sector San Francisco;
108 of the Housing and Community telephone (415) 399–3585, email at D11-
Dated: October 26, 2015. PF-MarineEvents@uscg.mil.
Development Act of 1974, as amended Harriet Tregoning,
(42 U.S.C. 5308), borrowers may make SUPPLEMENTARY INFORMATION:
Principal Deputy Assistant, Secretary for
payments on Section 108 loans using Community Planning and Development. I. Table of Abbreviations
CDBG grant funds. Borrowers may also
[FR Doc. 2015–28002 Filed 11–2–15; 8:45 am] CFR Code of Federal Regulations
make Section 108 loan payments from
BILLING CODE 4210–67–P DHS Department of Homeland Security
other anticipated sources but continue E.O. Executive order
to have CDBG funds available should FR Federal Register
they encounter shortfalls in the Pub. L. Public Law
anticipated repayment source. DEPARTMENT OF HOMELAND § Section
The fee of 2.58 percent of the SECURITY U.S.C. United States Code
principal amount of the loan will offset OCMI Officer in Charge of Marine
Coast Guard Inspections
the expected cost to the government due
to default, financing costs, and other NPRM Notice of Proposed Rulemaking
33 CFR Part 100
relevant factors. To arrive at this II. Background Information and
measure, HUD analyzed data on [Docket Number USCG–2015–0949] Regulatory History
comparable municipal debt over an RIN 1625–AA08 The Mavericks Surf Competition is a
extended 16 to 23 year period. The one day ‘‘Big Wave’’ surfing competition
estimated rate is based on the default Special Local Regulation; Mavericks between the top 24 big wave surfers.
and recovery rates for general purpose Surf Competition, Half Moon Bay, CA The competition only occurs when 15–
municipal debt and industrial 20 foot waves are sustained for over 24
development bonds. The cumulative AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule. hours and are combined with mild
default rates on industrial development easterly winds of no more than 5–10
bonds (14.62 percent) were higher than SUMMARY: The Coast Guard is knots. The rock and reef ridges that
the default rates on general purpose establishing a temporary special local make up the sea floor of the Pillar Point
municipal debt (0.25 percent) during the regulation in the navigable waters of area, combined with optimal weather
period from which the data were taken. Half Moon Bay, CA, near Pillar Point in conditions, create the large waves that
(The recovery rates for industrial support of the Mavericks Surf Mavericks is known for. Due to the
development bonds and general purpose Competition, an annual invitational surf hazardous waters surrounding Pillar
debt were 74.76 and 90.27 percent, competition held at the Mavericks Point at the time of the surfing
respectively.) These two subsectors of Break. This special local regulation will competition, the Coast Guard is
municipal debt were chosen because temporarily restrict vessel traffic in the establishing a special local regulation in
mstockstill on DSK4VPTVN1PROD with RULES
their purposes and loan terms most vicinity of Pillar Point and prohibit the vicinity of Pillar Point that restricts
closely resemble those of Section 108 vessels and persons not participating in navigation in the area of the surf
guaranteed loans. In this regard, Section the surfing event from entering the surf competition and in neighboring
2 U.S. Department of Housing and Urban
competition area. This regulation is hazardous areas.
Development, Study of HUD’s Section 108 Loan
necessary to provide for the safety of life The Coast Guard is issuing this
Guarantee Program, (prepared by Econometrica, Inc. on the navigable waters immediately temporary rule without prior notice and
and The Urban Institute), September 2012. prior to, during, and immediately after opportunity to comment pursuant to
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![67638 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations
which is not designated by the sponsor comply with a lawful direction may Guard Sector North Carolina, telephone
as a support vessel. result in additional operating (910) 772–2230, email Derek.J.Burrill@
Support vessel means a vessel, restrictions, citation for failure to uscg.mil.
including jet skis, which is designated comply, or both. SUPPLEMENTARY INFORMATION:
and conspicuously marked by the (9) During the events, vessel operators
sponsor to provide direct support to the may contact the PATCOM on VHF–FM Table of Acronyms
competitors. Support vessels must be channel 13. COTP Captain of the Port
pre-designated and approved to serve as Dated: October 15, 2015. DHS Department of Homeland Security
such for this event by the Officer in FR Federal Register
Gregory G. Stump,
Charge of Marine Inspection (OCMI) RNA Regulated Navigation Area
Captain, U.S. Coast Guard, Captain of the
prior to the competition. A. Regulatory Information
Port San Francisco.
Zone 1 means the competition area
within the regulated area. Zone 1 will [FR Doc. 2015–27998 Filed 11–2–15; 8:45 am] On December 17, 2014, we published
generally be located to the northwest of BILLING CODE 9110–04–P an interim final rule and request for
a line drawn between Sail Rock comments entitled ‘‘Regulated
(37°29′34″ N., 122°30′02″ W.) and Pillar Navigation Area; Herbert C. Bonner
Point Entrance Lighted Gong Buoy 1 DEPARTMENT OF HOMELAND Bridge, Oregon Inlet, North Carolina’’ in
(37°29′10.410″ N., 122°30′21.904″ W.). SECURITY the Federal Register (79 FR 75050). We
Zone 2 means the area within the received five comments coming from
Coast Guard two submitters on the Interim Final
regulated area where the Coast Guard
may direct the movement of all vessels, Rule. No public meeting was requested,
33 CFR Part 165 and none was held.
including restricting vessels from this
area. Zone 2 will generally be located to [Docket Number USCG–2014–0987] B. Background and Purpose
the southeast of a line drawn between
RIN 1625–AA11 This rulemaking is authorized by 33
Sail Rock (37°29′34″ N., 122°30′02″ W.)
U.S.C. 1231; 46 U.S.C. Chapter 701,
and Pillar Point Entrance Lighted Gong Regulated Navigation Area; Herbert C. 3306, 3703; 50 U.S.C. 191, 195; 33 CFR
Buoy 1 (37°29′10.410″ N., Bonner Bridge, Oregon Inlet, NC 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
122°30′21.904″ W.).
(d) Special local regulations. The AGENCY: Coast Guard, DHS. 107–295, 116 Stat. 2064; and DHS
following regulations apply between 6 Delegation No. 0170.1. Under these
ACTION: Final rule. authorities the Coast Guard may
a.m. and 6 p.m. on the competition day.
(1) Only support vessels may be SUMMARY: The Coast Guard is establish a RNA in defined water areas
authorized by the Patrol Commander establishing a Regulated Navigation that are determined to have hazardous
(PATCOM) to enter Zone 1 during the Area (RNA) on the navigable waters of conditions and in which vessel traffic
competition. Oregon Inlet, NC surrounding the can be regulated in the interest of safety.
(2) Entering the water in Zone 1 by Herbert C. Bonner Bridge. This RNA The purpose of this RNA is to reduce
any person other than the competitors is will allow the Coast Guard to enforce the risk of a bridge strike resulting from
prohibited. Competitors may enter the vessel traffic restrictions within the a vessel transiting through alternative
water in Zone 1 from authorized RNA when necessary to safeguard spans of the Herbert C. Bonner Bridge,
support vessels only. people and vessels from the hazards which are not intended for navigation.
(3) Spectator vessels and support associated with potential catastrophic In addition, this RNA will serve to
vessels within Zone 2 must maneuver as structural damage that could occur due ensure vessels transiting the area are
directed by PATCOM. Given the to vessel allisions with the bridge. restricted to those that may do so safely,
changing nature of the surf in the and will not impose unnecessary risk of
DATES: This rule is effective on
vicinity of the competition, PATCOM harm to themselves or other maritime
December 3, 2015.
may close Zone 2 to all vessels due to traffic. A bridge strike to un-fendered or
ADDRESSES: Comments received from unprotected structural elements of the
hazardous conditions. Due to weather
the public, as well as documents Bonner Bridge would introduce a clear
and sea conditions, the Captain of the
mentioned in this preamble are part of and present danger to stability of the
Port may deny access to Zone 2 and the
Docket Number USCG–2014–0987. To bridge, motorists, mariners, and indirect
remainder of the regulated area to all
view documents mentioned in this impacts on local businesses and
vessels other than competitors and
preamble as being available in the residents of Hatteras Island, NC. A
support vessels on the day of the event
(4) Entering the water in Zone 2 by docket, go to http:// grounded vessel in this heavily
any person is prohibited. www.regulations.gov, type the docket trafficked waterway would also greatly
(5) Rafting and anchoring of vessels number in the ‘‘SEARCH’’ box and click increase the risk of a bridge strike by
are prohibited within the regulated area. ‘‘SEARCH.’’ Click on ‘‘Open Docket another vessel.
(6) Only vessels authorized by the Folder’’ on the line associated with this When shoaling is present in the
PATCOM will be permitted to tow other rulemaking. You may also visit the vicinity of the navigation span, vessels
watercraft within the regulated area. Docket Management Facility in Room attempt to transit through alternate
(7) Spectator and support vessels in W12–140 on the ground floor of the spans. Transiting through alternate
Zones 1 and 2 must operate at speeds Department of Transportation West spans is hazardous. Mariners transiting
which will create minimum wake, in Building, 1200 New Jersey Avenue SE., near and through the unprotected
mstockstill on DSK4VPTVN1PROD with RULES
general, 7 miles per hour or less. Washington, DC 20590, between 9 a.m. structural components increase the
(8) When hailed or signaled by the and 5 p.m., Monday through Friday, potential of a bridge strike; these spans
PATCOM by a succession of sharp, except Federal holidays. do not have fenders or other
short signals by whistle or horn, the FOR FURTHER INFORMATION CONTACT: If mechanisms to protect the bridge from
hailed vessel must come to an you have questions on this rule, call or vessel strikes. Vessels that transit
immediate stop and comply with the email LT Derek Burrill, Waterways alternate bridge spans pose a risk to safe
lawful directions issued. Failure to Management Division Chief, U.S. Coast navigation as there are no advertised
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Document Created: 2018-03-01 11:32:38
Document Modified: 2018-03-01 11:32:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | Effective date: This rule is effective November 3, 2015 through March 31, 2016. | |
| 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] | |
| FR Citation | 80 FR 67635 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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