82 FR 2930 - Special Local Regulation; Mavericks Surf Competition, Half Moon Bay, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 6 (January 10, 2017)
Coast Guard
Federal Register Volume 82, Issue 6 (January 10, 2017)
| Page Range | 2930-2933 | |
| FR Document | 2017-00175 |
[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)] [Proposed Rules] [Pages 2930-2933] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00175] [[Page 2930]] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 2931]] 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 [[Page 2932]] 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 [[Page 2933]] 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
![2930 Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Proposed Rules
DEPARTMENT OF HOMELAND DHS Department of Homeland Security the 2014–2015 season, the planning
SECURITY FR Federal Register process proved to be vital in identifying
NPRM Notice of proposed rulemaking updates to the rule as proposed here.
Coast Guard OCMI Officer in Charge, Marine Inspection On November 3, 2015, we published
PATCOM Patrol Commander a temporary final rule (80 FR 67635) for
§ Section
33 CFR Part 100 U.S.C. United States Code
the Mavericks Surf Competition which
was most recently held on February 12,
[Docket Number USCG–2014–0715] II. Background, Purpose, and Legal 2016. That temporary rule was needed
RIN 1625–AA08 Basis to keep spectators and vessels a safe
The Mavericks Surf Competition has distance away from the event
Special Local Regulation; Mavericks grown in popularity within the past participants and the hazardous waters
Surf Competition, Half Moon Bay, CA several years. Due to the inherent surrounding Pillar Point. Past
dangers of the competition and the competitions have demonstrated the
AGENCY: Coast Guard, DHS. importance of restricting access to the
ACTION: Notice of proposed rulemaking. disruption to the normal uses of the
waterways in the vicinity of Pillar Point, competition area to only vessels in
the Coast Guard issues a Marine Event direct support of the competitors. In the
SUMMARY: The Coast Guard proposes to
Permit to the event sponsor. Following Coast Guard’s assessment, that
revise a special local regulation in the
the collapse of the Cliffside viewing area temporary final rule provided an
navigable waters of Half Moon Bay, CA, effective scheme for ensuring the safety
near Pillar Point in support of the in 2011, the Coast Guard became
of life during the Mavericks Surf
Mavericks Surf Competition, an annual concerned that the loss of shore-side
Competition.
invitational surf competition held at the viewing would result in a larger than We are proposing the following
Mavericks Break. We are proposing this expected number of spectator vessels in changes based on lessons learned during
revision to improve the regulation by the vicinity of the event. the multi-agency planning process. The
making it clearer and to have it better The Coast Guard considered name of this event has changed over the
reflect the natural conditions that must promulgating a safety zone which years based on the sponsor. The Coast
be met for this surf competition to take would prevent spectator vessels from Guard decided to propose this rule
place. This regulation is necessary to encroaching on the competition area to using the event name ‘‘Mavericks Surf
provide for the safety of life on the preserve the safety of both the surfers Competition’’ to remove any affiliation
navigable waters immediately prior to, and the spectators. Because it proved with past or future sponsors and to keep
during, and immediately after the impossible to reliably predetermine the the name of the event generic in order
surfing competition, which is held only exact location of breaking surf, the Coast to apply to any future sponsor. In
one day between November 1 of each Guard did not establish a safety zone for addition, this proposed rule would
year and March 31 of the following year. subsequent events, but has continued to clarify that the maintenance of the buoy
This proposed revision would maintain a presence at the event to placement throughout the course of the
temporarily restrict vessel traffic in the protect the competitors from event is a requirement for the event
vicinity of Pillar Point and prohibit encroaching spectator vessels and vice sponsor. The definition of ‘‘support
vessels and persons not participating in versa. vessels’’ has been updated to
the surfing event from entering the This proposed rulemaking would specifically include jet skis and to
dedicated surfing area and a designated formalize the scheme employed during clarify that they must be pre-designated
no-entry area. We invite your comments the 2013, 2014, and 2015 competitions, and approved to serve as such for this
on this proposed rulemaking. which proved to be an effective means event by the Officer in Charge, Marine
DATES: Comments and related material of separating competitors from Inspection (OCMI) prior to the
must be received by the Coast Guard on spectators. The two zones and competition. Due to the temperamental
or before February 9, 2017. associated regulations contained in this nature of buoy locations with regards to
proposed rule are intended to ensure the swing circles, the proposed definition
ADDRESSES: You may submit comments
safety of competitors from spectator for ‘‘Zone 1’’ and ‘‘Zone 2’’ would both
identified by docket number USCG–
vessels, and to enhance safety of amend the ATON buoy reference of
2015–0427 using the Federal
spectator vessels by creating a ‘‘Pillar Point Entrance Lighted Gong
eRulemaking Portal at http://
designated area in which the Coast Buoy 1’’ to only reference a latitude and
www.regulations.gov. See the ‘‘Public
Guard may direct the movement of such longitude position. Finally, the
Participation and Request for
vessels. Because of the dangers posed by definition of ‘‘spectator vessel’’ was
Comments’’ portion of the
the surf conditions during the expanded to specifically include
SUPPLEMENTARY INFORMATION section for
Mavericks Surf Competition, the special human-powered craft.
further instructions on submitting
local regulation is necessary to provide Under 33 CFR 100.35, the Coast
comments.
for the safety of event participants, Guard District Commander has
FOR FURTHER INFORMATION CONTACT: If spectators, and other vessels transiting authority to promulgate certain special
you have questions about this proposed the event area. For the safety concerns local regulations deemed necessary to
rulemaking, call or email Lieutenant noted, it is in the public interest to have ensure the safety of life on the navigable
Marcia Medina, U.S. Coast Guard Sector these regulations in effect during the waters immediately before, during, and
San Francisco; telephone (415) 399– event.
pmangrum on DSK3GDR082PROD with PROPOSALS
immediately after an approved regatta or
7443, email at D11-PF-MarineEvents@ On October 15, 2014, the Coast Guard marine parade. The Commander of
uscg.mil. published an interim rule and request Coast Guard District 11 has delegated to
SUPPLEMENTARY INFORMATION: for comments in the Federal Register the Captain of the Port (COTP) San
(79 FR 61762) establishing the special Francisco the responsibility of issuing
I. Table of Abbreviations local regulation 33 CFR 100.1106. We such regulations.
ATON Aids to Navigation received no comments during the The Mavericks Surf Competition is a
CFR Code of Federal Regulations comment period on the interim rule. one-day ‘‘Big Wave’’ surfing
COTP Captain of the Port Although the event was not held during competition between the top big wave
VerDate Sep<11>2014 14:54 Jan 09, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1](https://thefederalregister.org/doc/82_FR_2936/page/1.svg)
![Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Proposed Rules 2933
Broadcast Notice to Mariners on the day immediate stop and comply with the In addition, EPA reserves the right to
of the event. lawful directions issued. Failure to make additional awards under this
Spectator vessel means any vessel or comply with a lawful direction may announcement, consistent with Agency
person, including human-powered craft, result in additional operating policy and guidance, if additional
which is not designated by the sponsor restrictions, citation for failure to funding is available after the original
as a support vessel. comply, or both. selections are made.
Support vessel means a vessel, (9) During the events, vessel operators DATES: EPA will collect LOIs in two
including jet skis, which is designated may contact the PATCOM on VHF–FM selection rounds in FY 2017. The first
and conspicuously marked by the channel 16. LOI submittal period will begin on
sponsor to provide direct support to the Dated: December 13, 2016. January 10, 2017, and end at midnight
competitors. Support vessels must be in the time zone of the prospective
Anthony J. Ceraolo,
pre-designated and approved to serve as borrower on April 10, 2017. The second
such for this event by the Officer in Captain, U.S. Coast Guard, Captain of the
Port San Francisco. LOI submittal period, if needed, will
Charge, Marine Inspection (OCMI) prior begin on August 1, 2017 and end at
[FR Doc. 2017–00175 Filed 1–9–17; 8:45 am]
to the competition. midnight in the time zone of the
Zone 1 means the competition area BILLING CODE 9110–04–P
prospective borrower on September 29,
within the regulated area. Zone 1 will 2017.
generally be located to the northwest of
ADDRESSES: Prospective borrowers
a line drawn between Sail Rock ENVIRONMENTAL PROTECTION should submit all LOIs electronically
(37°29′34″ N., 122°30′02″ W.) and AGENCY via email at: wifia@epa.gov. Prospective
37°29′10.410″ N., 122°30′21.904″ W.
[FRL 9957–79–OW] borrowers will receive a confirmation
Zone 2 means the area within the
email and are advised to request a
regulated area where the Coast Guard
40 CFR Part 35 return receipt to confirm transmission.
may direct the movement of all vessels,
Only LOIs received by email, as
including restricting vessels from this Notice of Funding Availability (NOFA) provided above, shall be considered for
area. Zone 2 will generally be located to for Applications for Credit Assistance funding.
the southeast of a line drawn between Under the Water Infrastructure Finance Prospective borrowers can access
Sail Rock (37°29′34″ N., 122°30′02″ W.) and Innovation Act (WIFIA) Program additional information, including the
and 37°29′10.410″ N., 122°30′21.904″ W.
AGENCY: Environmental Protection WIFIA program handbook and
(d) Special local regulations. The
Agency (EPA). application materials, on the WIFIA
following regulations apply between 6
Web site: https://www.epa.gov/wifia/.
a.m. and 6 p.m. on the competition day. ACTION: Notice of funding availability.
(1) Only support vessels may be SUPPLEMENTARY INFORMATION: In the first
authorized by the Patrol Commander SUMMARY: In the Further Continuing and selection round, EPA will make
(PATCOM) to enter Zone 1 during the Security Assistance Appropriations Act, available the full $17 million of budget
competition. 2017, signed by the President on authority appropriated for the WIFIA
(2) Entering the water in Zone 1 by December 10, 2016, Congress provided program to provide credit assistance.
any person other than the competitors is $20 million in budget authority for the This $17 million in Federal funding can
prohibited. Competitors may enter the Water Infrastructure Finance and help finance total project costs of more
water in Zone 1 from authorized Innovation Act of 2014 (WIFIA) than $2 billion. If funding remains after
support vessels only. program. This funding covers the the first selection round, EPA will hold
(3) Spectator vessels and support Federal government’s anticipated cost of a second round. The second LOI
vessels within Zone 2 must maneuver as providing a much larger amount of submittal period, if needed, will begin
directed by PATCOM. Given the credit assistance. Environmental on August 1, 2017 and end at midnight
changing nature of the surf in the Protection Agency (EPA) estimates that in the time zone of the prospective
vicinity of the competition, PATCOM current budget authority may provide borrower on September 29, 2017. Late
may close Zone 2 to all vessels due to more than $1 billion in credit assistance proposals will not be considered for
hazardous conditions. Due to weather and may finance over $2 billion in water funding.
and sea conditions, the Captain of the infrastructure investment. The purpose EPA will announce the amount
Port may deny access to Zone 2 and the of this notice of funding availability available in the second selection round
remainder of the regulated area to all (NOFA) is to solicit letters of interest through a notice in the Federal Register,
vessels other than competitors and (LOIs) from prospective borrowers as well as on EPA’s WIFIA program Web
support vessels on the day of the event seeking credit assistance from EPA. site. In the event that EPA changes the
(4) Entering the water in Zone 2 by EPA will evaluate and select proposed application or selection process to
any person is prohibited. projects described in the LOIs using the incorporate best practices from the
(5) Rafting and anchoring of vessels selection criteria established in initial round, a new NOFA will be
are prohibited within the regulated area. regulation at 40 CFR 35.10055,1 and published.
(6) Only vessels authorized by the further described in this NOFA as well For a project to be considered during
PATCOM will be permitted to tow other as the WIFIA program handbook. This a selection round, EPA must receive a
watercraft within the regulated area. NOFA establishes relative weights that complete LOI electronically via email
pmangrum on DSK3GDR082PROD with PROPOSALS
(7) Spectator and support vessels in will be used in the current LOI before the corresponding deadline listed
Zones 1 and 2 must operate at speeds submittal period for the selection above. EPA is only able to accept emails
which will create minimum wake, in criteria and outlines the process that of 25 MB or smaller with unzipped
general, 7 miles per hour or less. applicants must follow to be considered attachments. If necessary due to size
(8) If granted permission to enter the for WIFIA credit assistance. restrictions, prospective borrowers may
regulated area, when hailed or signaled submit attachments separately, as long
by the PATCOM by a succession of 1 81 FR 91822, https://www.federalregister.gov/ as they are received by the deadline.
sharp, short signals by whistle or horn, documents/2016/12/19/2016–30194/credit- When writing a LOI, prospective
the hailed vessel must come to an assistance-for-water-infrastructure-projects borrowers must also fill out the form
VerDate Sep<11>2014 14:54 Jan 09, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1](https://thefederalregister.org/doc/82_FR_2936/page/4.svg)
Document Created: 2018-02-01 14:53:58
Document Modified: 2018-02-01 14:53:58
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before February 9, 2017. | |
| 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 D11-PF- [email protected] | |
| FR Citation | 82 FR 2930 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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