82 FR 53414 - Special Local Regulation; Mavericks Surf Competition, Half Moon Bay, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 220 (November 16, 2017)
Coast Guard
Federal Register Volume 82, Issue 220 (November 16, 2017)
| Page Range | 53414-53418 | |
| FR Document | 2017-24840 |
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)] [Rules and Regulations] [Pages 53414-53418] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24840] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2015-0427] RIN 1625-AA08 Special Local Regulation; Mavericks Surf Competition, Half Moon Bay, CA AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is revising a special local regulation in the navigable waters of Half Moon Bay, CA, near Pillar Point in support of the Mavericks Surf Competition, an annual invitational surf competition held at the Mavericks Break. This revision is necessary to improve the regulation by making it clearer and to have it better reflect the natural conditions that must be met for this surf competition to take place. This regulation is necessary to provide for the safety of life on the navigable waters immediately prior to, during, and immediately after the surfing competition, which is held only one day between November 1 of each year and March 31 of the following year. This revision temporarily restricts vessel traffic in the vicinity of Pillar Point and prohibits vessels and persons not participating in or directly supporting the surfing event from entering the dedicated surfing area and a designated no-entry area. DATES: This rule is effective December 18, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number USCG-2015-0427 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rulemaking, call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast Guard Sector San Francisco; telephone (415) 399-2001, email at [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section COTP Captain of the Port PATCOM Patrol Commander OCMI Officer in Charge of Marine Inspections NRPM Notice of Proposed Rulemaking U.S.C. United States Code [[Page 53415]] II. Background Information and Regulatory History The Mavericks Surf Competition has grown in popularity within the past several years. Due to the inherent dangers of the competition and the disruption to the normal uses of the waterways in the vicinity of Pillar Point, the Coast Guard issues a Marine Event Permit to the event sponsor. Following the collapse of the Cliffside viewing area in 2011, the Coast Guard became concerned that the loss of shore-side viewing area would result in a larger than expected number of spectator vessels in the vicinity of the event. This final rule formalizes the scheme employed during the 2013 and 2014 competitions, which proved to be an effective means of separating competitors from spectators. The two zones and associated regulations contained in this final rule are intended to ensure the safety of competitors from spectator vessels, and enhances the safety of spectator vessels by creating a designated area in which the Coast Guard may direct the movement of such vessels. Because of the dangers posed by the surf conditions during the Mavericks Surf Competition, the special local regulation is necessary to provide for the safety of event participants, spectators, and other vessels transiting the event area. For the safety concerns noted, it is in the public interest to have these regulations in effect during the event. On October 15, 2014, the Coast Guard published an interim rule and request for comments in the Federal Register (79 FR 61762) establishing the special local regulation 33 CFR 100.1106. We received no comments during the comment period on the interim rule. Although the event was not held during the 2014-2015 season, the planning process proved to be vital in identifying updates to the rule as proposed here. This final rule finalizes the Interim Rule updates proposed in the Notice of Proposed Rule Making. On November 3, 2015 and November 23, 2016, we promulgated temporary final rules for the Mavericks Surf Competition, which was most recently held on February 12, 2016, and subsequently not held in the 2016-2017 season after the sponsoring organization filed for bankruptcy. The temporary rules were needed to incorporate the updates noted in this Final Rule which include: Requiring buoy position maintenance by the event sponsors, expanding the definition of ``spectator vessel'' to include human powered craft and expanding the definition of ``support vessel'' to include jet skis. The Coast Guard determined a NPRM was necessary to afford the public the opportunity to comment on the aforementioned updates to the Interim Rule and because the Mavericks Surf Competition would occur before NPRM process was complete. Therefore to meet the event season deadline, a temporary final rule was published in lieu of a final rule. Past competitions have demonstrated the importance of restricting access to the competition area to only vessels in direct support of the competitors. In the Coast Guard's assessment, that temporary final rule provided an effective scheme to incorporate the Interim Rule updates and ensure the safety of life during the Mavericks Surf Competition. On January 10, 2017, we published an NPRM titled Special Local Regulation; Mavericks Surf Competition, Half Moon Bay, CA (82 FR 2930). During the comment period which ended on February 9, 2017, three comments were received. We are implementing the following changes to the Interim Rule based on comments received as well as lessons learned during the multi-agency planning process. The name of this event has changed over the years based on the sponsoring organization. The Coast Guard is promulgating this rule using the event name ``Mavericks Surf Competition'' to remove any affiliation with past or future sponsors and to keep the name of the event generic and applicable to any future sponsoring organizations. In addition to initially placing the buoys to outline Zones 1 and 2, this rule expands the event sponsor's designation of responsibility, outlined in the Interim Rule, to include buoy position maintenance throughout the course of the event. The definition of ``support vessels'' has been updated to specifically include jet skis and to clarify that they must be pre-designated and approved to serve as such for this event by the Officer in Charge of Marine Inspections (OCMI) prior to the competition. Finally, the definition of ``spectator vessel'' was expanded to specifically include human-powered craft. III. Legal Authority and Need for Rule Under 33 CFR 100.35, the Coast Guard District Commander has authority to promulgate certain special local regulations deemed necessary to ensure the safety of life on the navigable waters immediately before, during, and immediately after an approved regatta or marine parade. The Commander of Coast Guard District 11 has delegated to the Captain of the Port (COTP) San Francisco the responsibility of issuing such regulations. The Mavericks Surf Competition is a one-day ``Big Wave'' surfing competition between big wave surfers specifically invited to participate by the event sponsor. The competition only occurs when 15- 20 foot waves are sustained for over 24 hours and are combined with mild easterly winds of no more than 5-10 knots. The rock and reef ridges that make up the sea floor of the Pillar Point area, combined with optimal weather conditions, create the large waves for which Mavericks is known. Due to the hazardous waters surrounding Pillar Point at the time of the surfing competition, the Coast Guard is modifying and finalizing the interim rule which establishes a special local regulation in the vicinity of Pillar Point that restricts navigation in the area of the surf competition and in neighboring hazardous areas. This final rule is intended to ensure the safety of competitors by delineating a specific competition area, and to provide for the safety of spectators by imposing operating restrictions on those vessels. IV. Discussion of Comments, Changes, and the Rule As noted above, the Coast Guard received three respondent comments, noting several concerns, to the NPRM published on January 10, 2017. One comment recommends a more stringent specificity of swell conditions on the day of the event to promote the safe operation of vessels in the area. The environmental parameters outlined in this regulation are determining factors which are necessary precursors to optimal conditions for holding the big wave surfing event; conditions which typically are not optimal for vessel operations. In order to mitigate the risk to safe operation of vessels on the day of the surfing event, the Coast Guard promulgated the Interim Rule which defines an operating area for spectator vessels. The operating area provides an area for spectator vessels that is minimally influenced by the breaking surf. The Coast Guard determined that, the introduction of specific swell periodicity as a Coast Guard required condition to hold the competition would unnecessarily limit favorable days in which the surfing event could take place without further mitigating the risk to vessel operations on the day of the event. One comment notes the economic determination in the NPRM to be erroneous, as the rule would have a significant economic impact on a substantial number of small entities. The Coast Guard disagrees with this [[Page 53416]] comment. The amendments within this rule do not unduly restrict spectator vessel traffic within Zone 2, the spectator viewing area. In contrast, the Coast Guard aims to facilitate the safe viewing of this surf competition by establishing and assigning maintenance responsibility of a clearly delineated region for spectators to safely maneuver while viewing the competition. One comment recommends defining specific parameters that must be met by support vessels. The Coast Guard finds that mandating specific vessel parameters for ``supporting vessels'' unduly limits the event sponsor from considering all available assets capable of providing support to the event. Under the current proposal, all vessels proposed by the sponsor as ``support vessels'' must be vetted and approved for operation, in their capacity, as a ``support vessel'' prior to the day of the event. The vetting and approval of ``support vessels'' is conducted as a necessary precursor to the issuance of the annual Marine Event Permit. In this process, it is incumbent upon the event sponsor to propose only vessels necessary and capable of safely providing direct support to event competitors. Each proposed vessel is thoroughly evaluated by the OCMI and assessed in regards to the Coast Guard's ability to safely render assistance if needed on the day of the event. Proposed ``support vessels'' whose maneuverability, crew manning, or scope of support is found to be insufficient to safely operate within Zone 1, will be limited in the range of their operation in support of the event or denied approval to serve as a supporting vessel entirely, as stipulated in the documentation associated with the annual Marine Event Permit issued to the event sponsor. One comment argued that the definition of ``spectator vessel'' was too vague. The Coast Guard finds that the definition of a ``spectator vessel'' as ``any vessel or person, including human-powered craft, which is not designated by the sponsor as a support vessel'' serves to differentiate between conspicuously marked ``support vessels'' which have previously been vetted and approved by the OCMI as part of the Marine Event Permit approval to provide direct support to the competitors, and all other vessels in the area on the day of the event. No changes were made to the rule based upon the received comments; however the Coast Guard recognizes the importance of imposing appropriate controls on vessels attempting to gain access to the area encompassed by Zone 1 on the day of the competition. The Coast Guard is finalizing the regulations governing the Mavericks Surf Competition. The Mavericks Surf Competition will take place on a day that presents favorable surf conditions between November 1 of each year and March 31 of the following year, from 6 a.m. until 6 p.m. The Mavericks Surf Competition can only occur when 15-20 foot waves are sustained for over 24 hours and are combined with mild easterly winds of no more than 5-10 knots. Unpredictable weather patterns and the event's narrow operating window limit the Coast Guard's ability to notify the public of the event. The Coast Guard would issue notice of the event as soon as practicable, but no later than 24 hours before Competition day via the Broadcast Notice to Mariners and issue a written Boating Public Safety Notice at least 24 hours in advance of Competition day. Also, the zones that are established by this final rule will be prominently marked by at least 8 buoys throughout the course of the event. The Mavericks Surf Competition will occur in the navigable waters of Half Moon Bay, CA, in the vicinity of Pillar Point as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18682. The Coast Guard will enforce a regulated area defined by an arc extending 1,000 yards from Sail Rock (37[deg]29'34'' N., 122[deg]30'02'' W.) excluding the waters within Pillar Point Harbor. All restrictions apply only between 6 a.m. and 6 p.m. on the day of the actual competition. The effect of this regulation is to restrict navigation in the vicinity of Pillar Point during the Mavericks Surf Competition. During the enforcement period, the Coast Guard will direct the movement and access of all vessels within the regulated area. The regulated area will be divided into two zones. Zone 1 is designated as the competition area, and the movement of vessels within Zone 2 is controlled by the Patrol Commander (PATCOM). This regulation is needed to keep spectators and vessels a safe distance away from the event participants and the hazardous waters surrounding Pillar Point. Past competitions have demonstrated the importance of restricting access to the competition area to only vessels in direct support of the competitors. Failure to comply with the lawful directions of the Coast Guard could result in additional vessel movement restrictions, citation, or both. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 (``Regulatory Planning and Review'') and 13563 (``Improving Regulation and Regulatory Review'') direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, disruptive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (``Reducing Regulation and Controlling Regulatory Costs''), directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB's memorandum ``Guidance Implementing Executive Order 13771, titled `Reducing Regulation and Controlling Regulatory Costs' '' (April 5, 2017). B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard did not receive any comments from the Small Business Administration on the Interim rule published on October 15, 2014. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in [[Page 53417]] understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a regulated area of limited size and duration. Normally such actions are categorically excluded from further review under paragraph 34(h) of Figure 2-1 of Commandant Instruction M16475.lD. A Record of Environmental Consideration is available in the docket for this rulemaking. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100--REGATTAS AND MARINE PARADES 0 1. The authority citation for part 100 is revised to read as follows: Authority: 33 U.S.C. 1233; 33 CFR 1.05-1. 0 2. Revise Sec. 100.1106 to read as follows: Sec. 100.1106 Special Local Regulation; Mavericks Surf Competition. (a) Location. This special local regulation establishes a regulated area on the waters of Half Moon Bay, located in the vicinity of Pillar Point, excluding the waters within Pillar Point Harbor. This regulated area is defined in paragraph (c) of this section. (b) Enforcement period. This section will be enforced between 6 a.m. and 6 p.m. on Competition day, which if defined wave and wind conditions are met, will occur for one day between November 1 of each year and March 31 of the following year. Notice of the specific enforcement date of this section will be announced via Broadcast Notice to Mariners and issued in writing by the Coast Guard in a Boating Public Safety Notice at least 24 hours in advance of Competition day. (c) Definitions. As used in this section-- Competition day means the one day between November 1 of each year and March 31 of the following year that Mavericks Surf Competition will be held. The Mavericks Surf Competition will only be held if 15 to 20 foot waves are sustained for over 24 hours and are combined with mild easterly winds of no more than 5 to10 knots. Competitor means a surfer enrolled in the Maverick's Surf Competition. Patrol Commander or PATCOM means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer, or a Federal, State, or local officer designated by the Captain of the Port San Francisco (COTP), to assist in the enforcement of the special local regulation. Regulated area means the area in which the Maverick's Surf Competition will take place. This area is bounded by an arc extending 1000 yards from Sail Rock (37[deg]29'34'' N., 122[deg]30'02'' W.) excluding the waters within Pillar Point Harbor. All coordinates are North American Datum 1983. Within the regulated area, at least two zones will be established and marked by buoys on the day of the competition. Due to the dynamic and changing nature of the surf, the exact size and location of the zones will not be made public until the competition day. The zones will be prominently marked by at least 8 buoys, placed and maintained in place throughout the course of the event by the event sponsor in a pattern approved by the PATCOM. In addition, the USCG will notify the public of the zone locations via Broadcast Notice to Mariners on the day of the event. Spectator vessel means any vessel or person, including human- powered craft, which is not designated by the sponsor as a support vessel. Support vessel means a vessel, including jet skis, which is designated [[Page 53418]] and conspicuously marked by the sponsor to provide direct support to the competitors. Support vessels must be pre-designated and approved to serve as such for this event by the OCMI prior to the competition. Zone 1 means the competition area within the regulated area. Zone 1 will generally be located to the northwest of a line drawn between Sail Rock (37[deg]29'34'' N., 122[deg]30'02'' W.) and Pillar Point Entrance Lighted Gong Buoy 1 (37[deg]29'10.410'' N., 122[deg]30'21.904'' W.). Zone 2 means the area within the regulated area where the Coast Guard may direct the movement of all vessels, including restricting vessels from this area. Zone 2 will generally be located to the southeast of a line drawn between Sail Rock (37[deg]29'34'' N., 122[deg]30'02'' W.) and Pillar Point Entrance Lighted Gong Buoy 1 (37[deg]29'10.410'' N., 122[deg]30'21.904'' W.). (d) Special Local Regulations. The following regulations apply between 6 a.m. and 6 p.m. on the competition day. (1) Only support vessels may be authorized by the Patrol Commander (PATCOM) to enter Zone 1 during the competition. (2) Entering the water in Zone 1 by any person other than the competitors is prohibited. Competitors may enter the water in Zone 1 from authorized support vessels only. (3) Spectator vessels and support vessels within Zone 2 must maneuver as directed by PATCOM. Given the changing nature of the surf in the vicinity of the competition, PATCOM may close Zone 2 to all vessels due to hazardous conditions. Due to weather and sea conditions, the Captain of the Port may deny access to Zone 2 and the remainder of the regulated area to all vessels other than competitors and support vessels on the day of the event (4) Entering the water in Zone 2 by any person is prohibited. (5) Rafting and anchoring of vessels are prohibited within the regulated area. (6) Only vessels authorized by the PATCOM will be permitted to tow other watercraft within the regulated area. (7) Spectator and support vessels in Zones 1 and 2 must operate at speeds which will create minimum wake, in general, 7 miles per hour or less. (8) When hailed or signaled by the PATCOM by a succession of sharp, short signals by whistle or horn, the hailed vessel must come to an immediate stop and comply with the lawful directions issued. Failure to comply with a lawful direction may result in additional operating restrictions, citation for failure to comply, or both. (9) During the events, vessel operators may contact the PATCOM on VHF-FM channel 23A. Dated: October 16, 2017. Patrick S. Nelson, Captain, U.S. Coast Guard, Alternate Captain of the Port San Francisco. [FR Doc. 2017-24840 Filed 11-15-17; 8:45 am] BILLING CODE 9110-04-P
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of energy, a Statement of Energy Effects making the determination as to whether of $100 million or more in any given
is not required. this rule would have a significant year. This determination is based upon
economic impact, the Department relied the fact that the Kentucky submittal,
National Environmental Policy Act
upon data and assumptions for the which is the subject of this rule, is based
This rule does not require an counterpart Federal regulations. upon counterpart Federal regulations for
environmental impact statement which an analysis was prepared and a
because Section 702(d) of SMCRA (30 Small Business Regulatory Enforcement
Fairness Act determination made that the Federal
U.S.C. 1292(d)) provides that agency regulation did not impose an unfunded
decisions on proposed State regulatory This rule is not a major rule under 5 mandate.
program provisions do not constitute U.S.C. 804(2), the Small Business
major Federal actions within the Regulatory Enforcement Fairness Act. List of Subjects in 30 CFR Part 917
meaning of Section 102(2)(C) of the This rule: (a) Does not have an annual Intergovernmental relations, Surface
National Environmental Policy Act (42 effect on the economy of $100 million; mining, Underground mining.
U.S.C. 4332(2)(C)). (b) will not cause a major increase in
costs or prices for consumers, Dated: September 19, 2017.
Paperwork Reduction Act individual industries, Federal, State, or Thomas D. Shope
This rule does not contain local government agencies, or Regional Director, Appalachian Region.
information collection requirements that geographic regions; and (c) does not For the reasons set out in the
require approval by OMB under the have significant adverse effects on preamble, 30 CFR part 917 is amended
Paperwork Reduction Act (44 U.S.C. competition, employment, investment, as set forth below:
3507 et seq.). productivity, innovation, or the ability
of U.S.-based enterprises to compete PART 917—KENTUCKY
Regulatory Flexibility Act
with foreign-based enterprises. This
The Department of the Interior determination is based upon the fact ■ 1. The authority citation for part 917
certifies that this rule will not have a that the Kentucky submittal, which is continues to read as follows:
significant economic impact on a the subject of this rule, is based upon Authority: 30 U.S.C. 1201 et seq.
substantial number of small entities counterpart Federal regulations for
under the Regulatory Flexibility Act (5 which an analysis was prepared and a ■ 2. Section 917.15 is amended by
U.S.C. 601 et seq.). The State submittal, determination made that the Federal adding a new entry to the table in
which is the subject of this rule, is based regulation was not considered a major paragraph (a) in chronological order by
upon counterpart Federal regulations for rule. ‘‘Date of final publication’’ to read as
which an economic analysis was follows:
prepared and certification made that Unfunded Mandates
such regulations would not have a This rule will not impose an 917.15 Approval of Kentucky regulatory
significant economic effect upon a unfunded mandate on State, local, or program amendments.
substantial number of small entities. In tribal governments or the private sector (a) * * *
Original amendment submission date Date of final publication Citation/description
* * * * * * *
May 10, 2011 .................................................... November 16, 2017 .......................................... KRS 350.060(11).
* * * * * competition held at the Mavericks www.regulations.gov, type the docket
[FR Doc. 2017–24707 Filed 11–15–17; 8:45 am] Break. This revision is necessary to number USCG–2015–0427 in the
BILLING CODE 4310–05–P improve the regulation by making it ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
clearer and to have it better reflect the Click on Open Docket Folder on the line
natural conditions that must be met for associated with this rule.
DEPARTMENT OF HOMELAND this surf competition to take place. This FOR FURTHER INFORMATION CONTACT: If
SECURITY regulation is necessary to provide for you have questions about this
the safety of life on the navigable waters rulemaking, call or email Lieutenant
Coast Guard immediately prior to, during, and Junior Grade Christina Ramirez, U.S.
immediately after the surfing Coast Guard Sector San Francisco;
33 CFR Part 100 competition, which is held only one day telephone (415) 399–2001, email at D11-
between November 1 of each year and PF-MarineEvents@uscg.mil.
[Docket Number USCG–2015–0427]
March 31 of the following year. This SUPPLEMENTARY INFORMATION:
RIN 1625–AA08 revision temporarily restricts vessel
traffic in the vicinity of Pillar Point and I. Table of Abbreviations
Special Local Regulation; Mavericks prohibits vessels and persons not CFR Code of Federal Regulations
Surf Competition, Half Moon Bay, CA participating in or directly supporting DHS Department of Homeland Security
AGENCY: Coast Guard, DHS. the surfing event from entering the FR Federal Register
dedicated surfing area and a designated NPRM Notice of proposed rulemaking
nshattuck on DSK9F9SC42PROD with RULES
ACTION: Final rule. § Section
no-entry area.
DATES: This rule is effective December
COTP Captain of the Port
SUMMARY: The Coast Guard is revising a PATCOM Patrol Commander
special local regulation in the navigable 18, 2017. OCMI Officer in Charge of Marine
waters of Half Moon Bay, CA, near Pillar ADDRESSES: To view documents Inspections
Point in support of the Mavericks Surf mentioned in this preamble as being NRPM Notice of Proposed Rulemaking
Competition, an annual invitational surf available in the docket, go to http:// U.S.C. United States Code
VerDate Sep<11>2014 14:33 Nov 15, 2017 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\16NOR1.SGM 16NOR1](https://thefederalregister.org/doc/82_FR_53634/page/1.svg)
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and conspicuously marked by the (9) During the events, vessel operators docket, go to http://
sponsor to provide direct support to the may contact the PATCOM on VHF–FM www.regulations.gov, type [USCG–
competitors. Support vessels must be channel 23A. 2017–0042] in the ‘‘SEARCH’’ box and
pre-designated and approved to serve as Dated: October 16, 2017. click ‘‘SEARCH.’’ Click on Open Docket
such for this event by the OCMI prior Patrick S. Nelson, Folder on the line associated with this
to the competition. Captain, U.S. Coast Guard, Alternate Captain
rulemaking.
Zone 1 means the competition area of the Port San Francisco. See the ‘‘Public Participation and
within the regulated area. Zone 1 will Request for Comments’’ portion of the
[FR Doc. 2017–24840 Filed 11–15–17; 8:45 am]
generally be located to the northwest of SUPPLEMENTARY INFORMATION section
BILLING CODE 9110–04–P
a line drawn between Sail Rock below for instructions on submitting
(37°29′34″ N., 122°30′02″ W.) and Pillar comments.
Point Entrance Lighted Gong Buoy 1 DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: If
(37°29′10.410″ N., 122°30′21.904″ W.). SECURITY you have questions on this interim rule,
Zone 2 means the area within the call or email Lieutenant Commander
regulated area where the Coast Guard Coast Guard Rebecca Deakin, U.S. Coast Guard
may direct the movement of all vessels, Sector San Francisco; telephone (415)
including restricting vessels from this 33 CFR Part 165 399–7401 or email at D11-PF-
area. Zone 2 will generally be located to MarineEvents@uscg.mil.
[Docket No. USCG–2017–0042]
the southeast of a line drawn between SUPPLEMENTARY INFORMATION:
Sail Rock (37°29′34″ N., 122°30′02″ W.) RIN 1625–AA00
and Pillar Point Entrance Lighted Gong I. Table of Abbreviations
Buoy 1 (37°29′10.410″ N., Safety Zones; Humboldt Bay Bar,
APA Administrative Procedures Act
122°30′21.904″ W.). Eureka, CA, Noyo River Entrance, Ft. COTP Captain of the Port
(d) Special Local Regulations. The Bragg, CA, and Crescent City Harbor DHS Department of Homeland Security
following regulations apply between 6 Entrance Channel, Crescent City, CA E.O. Executive Order
a.m. and 6 p.m. on the competition day. AGENCY: Coast Guard, DHS. FR Federal Register
(1) Only support vessels may be NPRM Notice of Proposed Rulemaking
ACTION: Temporary Interim rule and
authorized by the Patrol Commander request for comments II. Background Information and
(PATCOM) to enter Zone 1 during the Regulatory History
competition. SUMMARY: The Coast Guard is
establishing temporary safety zones in The Coast Guard is issuing this
(2) Entering the water in Zone 1 by temporary interim rule without prior
any person other than the competitors is the navigable waters of the Humboldt
Bay Entrance Channel, of Eureka, CA, notice and opportunity to comment
prohibited. Competitors may enter the pursuant to authority under section 4(a)
water in Zone 1 from authorized Noyo River Entrance Channel, of Fort
Bragg, CA, and Crescent City Harbor of the Administrative Procedure Act
support vessels only. (APA) (5 U.S.C. 553(b)). This provision
(3) Spectator vessels and support Entrance Channel, of Crescent City, CA
to safeguard navigation safety during authorizes an agency to issue a rule
vessels within Zone 2 must maneuver as without prior notice and opportunity to
directed by PATCOM. Given the extreme environmental conditions.
These safety zones are established to comment when the agency for good
changing nature of the surf in the cause finds that those procedures are
vicinity of the competition, PATCOM protect the safety of vessels transiting
the areas from the dangers associated ‘‘impracticable, unnecessary, or contrary
may close Zone 2 to all vessels due to to the public interest.’’
hazardous conditions. Due to weather with extreme breaking surf and high
Under 5 U.S.C. 553(b)(B), the Coast
and sea conditions, the Captain of the wind conditions occurring in the
Guard finds that good cause exists for
Port may deny access to Zone 2 and the Humboldt Bay Bar Channel, Noyo River
not publishing a notice of proposed
remainder of the regulated area to all Entrance Channel, and Crescent City
rulemaking (NPRM) with respect to this
vessels other than competitors and Harbor Entrance Channels. When
rule. Publishing an NPRM would be
support vessels on the day of the event enforced, entry of persons or vessels
impracticable in this case due to having
(4) Entering the water in Zone 2 by into this temporary safety zone is
received initial notice of the extreme
any person is prohibited. prohibited unless specifically
environmental and weather conditions
(5) Rafting and anchoring of vessels authorized by the Captain of the Port
substantiating this rule on October 19,
are prohibited within the regulated area. (COTP), San Francisco or his designated
2017.
(6) Only vessels authorized by the representative. Under 5 U.S.C. 553(d)(3), the Coast
PATCOM will be permitted to tow other DATES: This rule is effective without Guard finds that good cause exists for
watercraft within the regulated area. actual notice from November 16, 2017 making this rule effective less than 30
(7) Spectator and support vessels in until 11:59 p.m. on March 31, 2018. For days after publication in the Federal
Zones 1 and 2 must operate at speeds the purposes of enforcement, actual Register, as delaying the effective date
which will create minimum wake, in notice will be used from October 27, of this rule would be impracticable due
general, 7 miles per hour or less. 2017 until November 16, 2017. This rule to the timing of the forecast
(8) When hailed or signaled by the will be enforced when the COTP environmental and weather conditions.
PATCOM by a succession of sharp, determines that the on scene conditions
short signals by whistle or horn, the are hazardous and unsafe for vessel III. Legal Authority and Need for Rule
nshattuck on DSK9F9SC42PROD with RULES
hailed vessel must come to an transits, typically expected to be 20 foot The Coast Guard is issuing this rule
immediate stop and comply with the breaking seas at each location. under authority in 33 U.S.C. 1231. The
lawful directions issued. Failure to Enforcement will be announced via Captain of the Port (COTP), San
comply with a lawful direction may local Broadcast Notice to Mariners. Francisco has determined that this rule
result in additional operating ADDRESSES: You may submit comments is necessary to provide for the safety of
restrictions, citation for failure to view documents mentioned in this Coast Guard members, mariners, and
comply, or both. preamble as being available in the other vessels transiting the area where
VerDate Sep<11>2014 14:33 Nov 15, 2017 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\16NOR1.SGM 16NOR1](https://thefederalregister.org/doc/82_FR_53634/page/5.svg)
Document Created: 2017-11-16 03:53:34
Document Modified: 2017-11-16 03:53:34
| 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 | Final rule. | |
| Dates | This rule is effective December 18, 2017. | |
| Contact | If you have questions about this rulemaking, call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast Guard Sector San Francisco; telephone (415) 399-2001, email at [email protected] | |
| FR Citation | 82 FR 53414 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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