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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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 9851 

Point. Failure to comply with the lawful 

directions of the Coast Guard could 

result in additional vessel movement 

restrictions, citation, or both. 

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, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Executive Order 

12866 or under section 1 of Executive 

Order 13563. The Office of Management 

and Budget has not reviewed it under 

that those Orders. 

Although this rule regulates 

navigation in the waters encompassed 

by the regulated area, the effect of this 

rule will not be significant. The entities 

most likely to be affected are fishing 

vessels and pleasure craft engaged in 

recreational activities. In addition, the 

rule will only regulate navigation for a 

limited time. Finally, the Public 

Broadcast Notice to Mariners will notify 

the users of local waterway to ensure 

that the regulated area will result in 

minimum impact. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule would 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. 

Although this rule may affect owners 

and operators of fishing vessels and 

pleasure craft engaged in recreational 

activities and sightseeing, it will not 

have a significant economic impact on 

a substantial number of small entities 

for several reasons: (i) This rule will 

encompass only a small portion of the 

waterway for a limited period of time; 

(ii) vessel traffic can pass safely around 

the area; (iii) vessels engaged in 

commercial and recreational activities 

have ample space outside of the affected 

areas of Half Moon Bay, CA to engage 

in these activities; and (iv) the maritime 

public will be advised in advance of this 

regulated area via Broadcast Notice to 

Mariners. 

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 can 

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 

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 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect 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 create 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 

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9852 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Rules and Regulations 

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 0023.1 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, which applies 

to regulations establishing, 

disestablishing, or changing Regulated 

Navigation Areas, safety zones or 

security zones. 

An environmental analysis checklist 

and a 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, and 

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. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 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 temporary § 165.T11–472 to 

read as follows: 

§ 165–T11–472 Safety Zone; 2012 

Mavericks Invitational, Half Moon Bay, CA. 

(a) Location. This safety zone is 

established for the waters of Half Moon 

Bay, California, in the vicinity of Pillar 

Point bounded by a line connecting the 

following coordinates in the order they 

appear written in this section: 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). 

(b) Definitions. Patrol Commander 

(PATCOM). As used in this section, 

‘‘Patrol Commander’’ or ‘‘PATCOM’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer, 

or a Federal, State, or local officer 

designated by the Captain of the Port 

San Francisco (COTP) to assist in the 

enforcement of the safety zone. 

(c) Enforcement period. This rule is 

effective during the 2012 Maverick 

Invitational, which 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 Coast Guard will 

issue notice of the event to the public 

as soon as practicable, and no later than 

24 hours prior to the event via Broadcast 

Notice to Mariners. 

(d) Regulations. (1) Under the general 

regulations in 33 CFR part 165, Subpart 

C this title, the safety zone is closed to 

all unauthorized vessel traffic, except as 

may be permitted by the COTP or 

PATCOM. 

(2) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or PATCOM to obtain 

permission. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the COTP or 

PATCOM. Persons or vessels may 

request permission to enter the safety 

zone on VHF–23A or through the 24- 

hour Command Center telephone at 

(415)–399–3547. 

(4) The COTP, or PATCOM as the 

designated representative of the COTP, 

may control the movement of all vessels 

operating on the navigable waters of 

Half Moon Bay when the COTP has 

determined that such orders are justified 

in the interest of safety by reason of 

weather, visibility, sea conditions, 

temporary port congestion, and other 

temporary hazardous circumstances. 

When hailed or signaled by PATCOM, 

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. 

Dated: January 23, 2012. 

C.L. Stowe, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2012–3868 Filed 2–17–12; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

RIN 1024–AD88 

Special Regulations; Areas of the 

National Park System, Cape Cod 

National Seashore 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service is 

amending special regulations for Cape 

Cod National Seashore that authorize 

hunting to allow for a spring season 

hunt for Eastern Wild Turkey. The Final 

Rule implements the Record of Decision 

for the Cape Cod National Seashore 

Hunting Program Environmental Impact 

Statement of August 2007. 

DATES: This rule is effective March 22, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Craig Thatcher, Acting Chief Ranger, 99 

Marconi Site Road Wellfleet, MA 02667; 

508–957–0735. 

SUPPLEMENTARY INFORMATION:

Description of the Park Area 

In 1961 Congress established Cape 

Cod National Seashore (Seashore). In 

establishing the Seashore, Congress 

directed that the unique flora and fauna, 

the physiographic conditions, and the 

historic sites and structures of the area 

be permanently preserved; authorized 

the Secretary of the Interior (Secretary) 

to provide for the public enjoyment and 

understanding of the unique natural, 

historic, and scientific features of the 

Seashore be facilitated by establishing 

trails, observation points, exhibits and 

services for the public, and provided 

that adaptable portions of the Seashore 

may be managed for camping, 

swimming, boating, sailing, hunting, 

fishing, and other activities of similar 

nature. Public Law 87–126, Sec. 7 (Aug. 

7, 1961). 

The Seashore comprises 43,608 acres 

of shoreline; salt marshes; clear, deep, 

freshwater kettle ponds; and uplands; as 

well as a great diversity of species 

supported by these habitats. 

Lighthouses, a life-saving station, dune 

shacks, modern and Cape Cod-style 

houses, cultural landscapes, and wild 

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