Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 9847 

these regulations, and because these 

regulations do not impose a collection 

of information on small entities, the 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. chapter 6) do not apply. 

Pursuant to section 7805(f) of the Code, 

the proposed regulations preceding 

these regulations were submitted to the 

Chief Counsel for Advocacy of the Small 

Business Administration for comment 

on its impact on small business. 

Drafting Information 

The principal author of these 

regulations is Karen Walny, Office of the 

Associate Chief Counsel (International). 

However, other persons from the Office 

of Associate Chief Counsel 

(International) and the Treasury 

Department participated in their 

development. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Adoption of Amendments to the 

Regulations 

Accordingly, 26 CFR part 1 is 

amended as follows: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 863(a) and 7805 

* * * 

■ Par. 2. Section 1.863–10 is added to 

read as follows: 

§ 1.863–10 Source of income from a 

qualified fails charge. 

(a) In general. Except as provided in 

paragraphs (b) and (c) of this section, 

the source of income from a qualified 

fails charge shall be determined by 

reference to the residence of the 

taxpayer as determined under section 

988(a)(3)(B)(i). 

(b) Qualified business unit exception. 

The source of income from a qualified 

fails charge shall be determined by 

reference to the residence of a qualified 

business unit (as defined in section 989) 

of a taxpayer if— 

(1) The taxpayer’s residence, 

determined under section 

988(a)(3)(B)(i), is the United States; 

(2) The qualified business unit’s 

residence, determined under section 

988(a)(3)(B)(ii), is outside the United 

States; 

(3) The qualified business unit is 

engaged in the conduct of a trade or 

business in the country where it is a 

resident; and 

(4) The transaction to which the 

qualified fails charge relates is 

attributable to the qualified business 

unit. A transaction will be treated as 

attributable to a qualified business unit 

if it satisfies the principles of § 1.864– 

4(c)(5)(iii) (substituting ‘‘qualified 

business unit’’ for ‘‘U.S. office’’). 

(c) Effectively connected income 

exception. Qualified fails charge income 

that arises from a transaction any 

income from which is (or would be if 

the transaction produced income) 

effectively connected with a United 

States trade or business pursuant to 

§ 1.864–4(c) is treated as from sources 

within the United States, and the 

income from the qualified fails charge is 

treated as effectively connected to the 

conduct of a United States trade or 

business. 

(d) Qualified fails charge. For 

purposes of this section, a qualified fails 

charge is a payment that— 

(1) Compensates a party to a 

transaction that provides for delivery of 

a designated security (as defined in 

paragraph (e) of this section) in 

exchange for the payment of cash 

(delivery-versus-payment settlement) for 

another party’s failure to deliver the 

specified designated security on the 

settlement date specified in the relevant 

agreement; and 

(2) Is made pursuant to— 

(i) A trading practice or similar 

guidance approved or adopted by either 

an agency of the United States 

government or the Treasury Market 

Practices Group, or 

(ii) Any trading practice, program, 

policy or procedure approved by the 

Commissioner in guidance published in 

the Internal Revenue Bulletin. 

(e) Designated security. For purposes 

of this section, a designated security 

means any— 

(i) Debt instrument (as defined in 

§ 1.1275–1(d)) issued by the United 

States Treasury Department, the Federal 

National Mortgage Association, the 

Federal Home Loan Mortgage 

Corporation, or any Federal Home Loan 

Bank; or 

(ii) Pass-through mortgage-backed 

security guaranteed by the Federal 

National Mortgage Association, the 

Federal Home Loan Mortgage 

Corporation, or the Government 

National Mortgage Association. 

(g) Effective/applicability date. This 

section is effective on February 21, 

2012. This section applies to a qualified 

fails charge paid or accrued on or after 

December 8, 2010. 

§ 1.863–10T [Removed] 

■ Par. 3. Section 1.863–10T is removed. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: February 14, 2012. 

Emily S. McMahon, 

Acting Assistant Secretary of the Treasury, 

Tax Policy. 

[FR Doc. 2012–3909 Filed 2–17–12; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Secretary 

31 CFR Part 1 

RIN 1505–AC33 

Privacy Act of 1974; Implementation 

Correction 

In rule document 2011–29385 

appearing on pages 70640–70644 the 

issue of Tuesday, November 15, 2011 

make the following correction: 

§ 1.36 [Corrected] 

■ On page 70644, in § 1.36, in paragraph 

(g)(1)(viii), in the untitled table, the 

third row of the table should read: 

‘‘IRS 90.002 . . . . . Chief Counsel 

Litigation and Advice (Civil) Records’’ 

[FR Doc. C1–2011–29385 Filed 2–17–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0067] 

RIN 1625–AA00 

Safety Zone; Kinnickinnic River 

Containment and Cleanup; Milwaukee, 

WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Kinnickinnic River in Milwaukee, 

Wisconsin. This zone is intended to 

restrict vessels from a portion of the 

Kinnickinnic River due to the petroleum 

cleanup efforts. This temporary safety 

zone is necessary to protect the 

surrounding public and vessels from the 

hazards associated with the removal of 

petroleum product from this area of the 

Kinnickinnic River. 

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9848 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 

DATES: This rule is effective in the CFR 

on February 21, 2012. This rule is 

effective with actual notice for purposes 

of enforcement at 7 a.m. on January 30, 

2012. This rule will remain in effect 

through 7 a.m. on March 1, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0067 and are available online by going 

to www.regulations.gov, inserting 

USCG–2012–0067 in the ‘‘Keyword’’ 

box, and then clicking ‘‘search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, contact or email BM1 Adam Kraft, 

U.S. Coast Guard Sector Lake Michigan, 

at 414–747–7148 or 

Adam.D.Kraft@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to 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 an agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under U.S.C. 553 

(b)(B), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because the dangers 

presented by the containment and 

cleanup of petroleum product are 

immediate and do not allow time for a 

notice and comment period. Thus, 

waiting for a notice and comment 

period to run would be impracticable 

and contrary to the public interest in 

that it would prevent the Coast Guard 

from protecting the public and vessels 

on navigable waters from the 

aforementioned hazards. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. For the reasons discussed in 

the preceding paragraph, a 30-day 

notice period would be impracticable 

and contrary to the public interest. 

Background and Purpose 

On January 23, 2012 it was discovered 

that a large amount of jet fuel is entering 

the Kinnickinnic River from an 

underground fuel leak in the vicinity of 

the airport in Milwaukee, WI. The 

Captain of the Port, Sector Lake 

Michigan, has determined that the 

containment and cleanup poses a 

serious risk of injury to persons and 

property within this area of the river. 

Discussion of Rule 

Because of the aforesaid hazards, the 

Captain of the Port, Sector Lake 

Michigan, has determined that a safety 

zone is necessary to protect the public. 

The safety zone will encompass all U.S. 

navigable waters of Kinnickinnic River 

between the West Becher Street Bridge 

located at 43°00′37′′ N 087°54′51′′ W and 

the First street bridge located at 

43°00′30′′ N 087°54′41′′ W (NAD 83). 

This rule will be enforced from 7 a.m. 

on January 30, 2012 until 7 a.m. on 

March 1, 2012. 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. Entry into, transiting, or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. The Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative may be 

contacted via VHF Channel 16. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). We conclude that this rule is not 

a significant regulatory action because 

we anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone will be in effect along a portion of 

the river, given the time of year that has 

minimal traffic. Moreover, the most 

prominent marine commercial company 

in the area has been notified of the 

situation and it has chosen to use an 

alternate mooring. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule will have a significant 

economic impact on a substantial 

number of small entities. 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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor on 

a portion of Kinnickinnic River between 

7 a.m. on January 30, 2012 and 7 a.m. 

on March 1, 2012. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: Vessel traffic will 

be minimal due to the time of year and 

the location of the safety zone. 

In the event that this temporary safety 

zone affects shipping, commercial 

vessels may request permission from the 

Captain of The Port, Sector Lake 

Michigan, or his or her designated 

representative to transit through the 

safety zone. The Coast Guard will give 

notice to the public via a Broadcast to 

Mariners that the regulation is in effect. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 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 

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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 9849 

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. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 or more in any one year. 

Though this rule will not result in such 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone and is therefore categorically 

excluded under paragraph 34(g) of the 

Instruction. 

A final environmental analysis 

checklist and categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0067 to read as 

follows: 

§ 165.T09–0067 Safety Zone; Kinnickinnic 

River containment and cleanup, Milwaukee, 

Wisconsin. 

(a) Location. All waters of the 

Kinnickinnic River between the West 

Becher Street Bridge located at 

43°00′37′′ N 087°54′51′′ W and the First 

Street Bridge located at 43°00′30′′ N 

087°54′41′′ W (NAD 83). 

(b) Effective and Enforcement Period. 

This rule is effective and will be 

enforced from 7 a.m. on January 30, 

2012 until 7 a.m. on March 1, 2012. The 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative, may suspend the 

enforcement of this safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative. 

(3) The ‘‘designated representative’’ of 

the Captain of the Port, Sector Lake 

Michigan, is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the Captain 

of the Port, Sector Lake Michigan, to act 

on his or her behalf. The designated 

representative of the Captain of the Port, 

Sector Lake Michigan, will be on land 

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9850 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 

in the vicinity of the safety zone and 

will have constant communications 

with the on-scene safety vessels. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative to obtain permission to 

do so. The Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative may be contacted via 

VHF Channel 16. 

Vessel operators given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative. 

Dated: January 31, 2012. 

C. W. Tenney, 

Commander, U.S. Coast Guard, Captain of 

the Port, Sector Lake Michigan, Acting. 

[FR Doc. 2012–3866 Filed 2–17–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1146] 

RIN 1625–AA08 

Safety Zone; 2012 Mavericks 

Invitational, Half Moon Bay, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

support of the Mavericks Surf 

Competition. This temporary safety 

zone will establish a temporary safety 

zone in vicinity of Pillar Point in the 

navigable waters of Half Moon Bay, 

California. The regulation will 

temporarily restrict vessel traffic in 

vicinity of Pillar Point and prohibit 

vessels not participating in the surfing 

event from entering the dedicated 

surfing area and the hazardous waters 

surrounding Pillar Point. This 

regulation is necessary to provide for 

the safety of life on the navigable waters 

immediately prior to, during, and 

immediately after the surfing 

competition. 

DATES: Effective Date: This rule is 

effective in the CFR from February 21, 

2012 until 3 p.m. March 31, 2012. This 

rule is effective with actual notice for 

purposes of enforcement beginning 

7 a.m. January 23, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

1146 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–1146 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Lieutenant Junior Grade 

DeCarol Davis (415) 399–7443, or email 

D11-PF-MarineEvents@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to 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 not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

event would occur before the 

rulemaking process would be 

completed. Because of the dangers 

posed by the surf conditions during the 

2012 Mavericks Invitational surf 

competition, the safety zone 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. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Any delay in the effective date 

of this rule would expose mariners to 

the dangers posed by the surf conditions 

during the 2012 Mavericks Invitational. 

Basis and Purpose 

The 2012 Mavericks Invitational is a 

one day ‘‘Big Wave’’ surfing competition 

consisting of the top 24 big wave surfers 

and 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 safety zone in vicinity 

of Pillar Point that restricts navigation 

in the area of the surf competition and 

in neighboring hazardous areas. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone associated with the 2012 

Mavericks Invitational surf competition. 

The 2012 Mavericks Invitational will 

take place on a day that presents 

favorable surf conditions between 7 a.m. 

Monday January 23, 2012 and 3 p.m. 

Saturday March 31, 2012. The 2012 

Mavericks Invitational can only occur 

when 15–20 foot waves are sustained for 

over 24 hours and are combined with 

mild easterly winds of no more than 

5–10 knots. Unpredictable weather 

patterns and the event’s narrow 

operating window limit the Coast 

Guard’s ability to notify the public of 

the event. The Coast Guard will issue 

notice of the event as soon as 

practicable, and no later than 24 hours 

prior via the Broadcast Notice to 

Mariners. 

The 2012 Mavericks Invitational will 

occur on the navigable waters of Half 

Moon Bay in vicinity of Pillar Point. 

The Coast Guard will enforce a 

temporary safety zone bounded by a line 

connecting the following coordinates in 

the order they appear: 37°29′23′′ N, 

122°30′04′′ W; 37°29′15′′ N, 122°30′10′′ 

W; 37°29′17′′ N, 122°30′30′′ W; 

37°29′36′′ N, 122°30′16′′ W; 37°29′23′′ N, 

122°30′04′′ W; 37°29′36′′ N, 122°29′21′′ 

W; 37°29′13′′ N, 122°29′25′′ W; 

37°29′15′′ N, 122°29′58′′ W; 37°29′23′′ N, 

122°30′04′′ W (NAD 83). 

The effect of this temporary safety 

zone will be to restrict navigation in the 

vicinity of Pillar Point while the 2012 

Mavericks Invitational is taking place. 

During the enforcement period, 

unauthorized persons or vessels are 

prohibited from transiting through, 

anchoring, blocking, or loitering in the 

safety zone without permission of the 

COTP or PATCOM. Vessels desiring to 

enter or operate in the safety zone shall 

do so with COTP or PATCOM 

permission via VHF–23A or through the 

24-hour Command Center telephone at 

(415) 399–3547. 

This safety zone is needed to keep 

spectators and vessels a safe distance 

away from the event participants and 

the hazardous waters surrounding Pillar 

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