[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Rules and Regulations]
[Pages 21269-21272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08220]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2016-0194]
RIN 1625-AA00
Safety Zone: Santa Cruz Harbor Shoaling, Santa Cruz County, CA
AGENCY: Coast Guard, DHS.
ACTION: Interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing an emergency safety zone in
the navigable waters of Santa Cruz County, California due to severe
shoaling at the entrance to Santa Cruz Harbor that has created
hazardous conditions for vessels transiting the harbor. This emergency
safety zone is established to ensure the safety of the mariners and
vessels from the dangers associated with the severe shoaling.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zone without the
permission of the Captain of the Port or a designated representative.
This regulation is necessary to provide for the safety of life on the
navigable waters in vicinity of the Santa Cruz Harbor entrance.
DATES: This rule is effective and may be enforced with actual notice
from March 18, 2016 until May 1, 2016. This rule may be enforced with
constructive notice from April 11, 2016 until May 1, 2016.
Comments and related material must be received by the Coast Guard
on or before July 11, 2016.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2016-0194. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may submit comments, identified by docket number, 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 on this rule,
call or email If you have questions on this rule, call or email
Lieutenant Marcia Medina, U.S. Coast Guard Sector San Francisco;
telephone (415) 399-7443 or email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
CY Cubic Yards
APA Administrative Procedure Act
A. 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
[[Page 21270]]
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 interim rule 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.
B. Regulatory History and Information
Ongoing shoaling caused by El Ni[ntilde]o weather patterns has been
observed within the Santa Cruz Harbor in Santa Cruz, CA. El Ni[ntilde]o
has caused ocean currents, swells and surf to shift from the prevailing
northwesterly direction to southerly, directly into the federal
channel. Rain storms in December 2015 and January 2016 contributed
large volumes of sand and debris from the San Lorenzo River and its
tributaries, as well as other coastal streams west and north of the
Santa Cruz Harbor federal channel to cause severe shoaling at the
entrance of Santa Crux Harbor. According to the Santa Cruz Port
District, ``unusually high shoaling rates in the entrance channel, to
date, have produced approximately 310,000 cubic yards (CY) of sand. Of
that amount, 200,000 CY were dredged between December 10, 2015, and
February 29, 2016, and an estimated 110,000 CY remains within the
federal channel.''
The Coast Guard is issuing this interim 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(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. The Coast Guard received the
information about the severe shoaling within the harbor on March 4,
2016, and determined that good cause exists to establish an emergency
safety zone to protect life and property of mariners in the area. The
El Ni[ntilde]o season has caused significant and unexpected shoaling
within the Santa Cruz Harbor Channel. The shoaling presents a
significant hazard to navigation as the charted depths are no longer
accurate and the resulting surf conditions have created inherent
hazards for all vessels transiting the area. Immediate regulatory
action is required to safeguard life, health and property of mariners
in the area. Notice and Comment on this rule is impracticable because
it would delay the Safety Zone and consequently put mariners and
dredging crews at risk of allision and groundings. On February 4, 2016,
the Santa Cruz Port District declared that a state of emergency exists
warranting expenditure of public funds to finance the emergency
dredging of the harbor. The Coast Guard requested immediate assistance
from the Army Corps of Engineers to conduct emergency dredging as soon
as safe and practicable on March 8, 2016. The Coast Guard received the
information about the severe shoaling within the harbor on March 4,
2016, and determined an emergency safety zone was necessary to protect
life and property of mariners in the area.
C. Basis and Purpose
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department
of Homeland Security Delegation No. 0170.1, which collectively
authorize the Coast Guard to establish safety zones.
The Santa Cruz Harbor Shoaling safety zone will encompass the
entire entrance to Santa Cruz Harbor in the area contained with two
borders. A northern border defined by the line created by extending the
Santa Cruz Harbor boat launch ramp to the harbor's opposite shore and a
southern border defined by the line connecting the end points of the
Santa Cruz Harbor East Breakwater to Santa Cruz Harbor West Breakwater
as depicted in National Oceanic and Atmospheric Administration (NOAA)
Chart 18685. Due to the shifting shoaling locations, the safety zone
applies to the navigable waters enclosed by these borders, effectively
encompassing all of the Santa Cruz Harbor Entrance. This safety zone is
effective immediately upon promulgation until 10 p.m. on May 01, 2016
or until emergency dredging is completed. The Coast Guard will issue a
Broadcast Notice to Mariners upon the completion of emergency dredging
and the deactivation of the safety zone. This safety zone is meant for
safety of vessels transiting the harbor. This restricted area in the
harbor is necessary to protect mariners, vessels, and other property
from the hazards associated with severe shoaling. The Coast Guard has
issued notice to mariners warning of significant shoaling at the harbor
entrance that may result in breaking surf between the jetties.
D. Discussion of the Interim Rule
The Coast Guard is establishing an emergency safety zone that will
encompass the navigable waters of the Santa Cruz Harbor entrance
channel as defined by the area contained with two borders: A northern
border defined by the line created by extending the Santa Cruz Harbor
boat launch ramp to the harbor's opposite shore and a southern border
defined by the line connecting the end points of the Santa Cruz Harbor
East Breakwater to Santa Cruz Harbor West Breakwater as depicted in
National Oceanic and Atmospheric Administration (NOAA) Chart 18685.
This emergency safety zone will be effective immediately upon
promulgation until 10 p.m. on May 01, 2016 or until the completion of
emergency dredging. The Coast Guard will issue a Broadcast Notice to
Mariners upon the completion of emergency dredging and the deactivation
of the safety zone. The effect of the temporary safety zone will be to
restrict navigation of all vessels in the vicinity of the severe
shoaling. Except for persons or vessels authorized by the Captain of
the Port or his designated representative, no person or vessel may
enter or remain in the restricted area. These regulations are needed to
keep all vessels away from the severe shoaling to ensure the safety of
all transiting vessels.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. We expect the economic
impact of this rule will not rise to the level of necessitating a full
Regulatory Evaluation. The safety zone is limited in duration, and is
limited to a narrowly tailored geographic area. In addition, although
this rule restricts access to the
[[Page 21271]]
waters encompassed by the safety zone, the effect of this rule will not
be significant because the local waterway users will be notified via
public Broadcast Notice to Mariners to ensure the safety zone will
result in minimum impact. The entities most likely to be affected are
waterfront facilities, commercial vessels, and pleasure craft engaged
in recreational activities. Vessel traffic has been very limited since
December 11, 2015 due to soundings being approximately less than 02
feet at the entrance of the Santa Cruz Harbor. Local officials have
been proactive in notifying the public of the hazardous conditions
associated with the severe shoaling in the channel. Signage, boating
notices, and verbal advisories have been issued to the public via the
Harbor Master. Detailed information regarding the harbor conditions
have been posted on http://www.santacruzharbor.org/ and weekly emails
have been delivered.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect owners and operators of waterfront
facilities, commercial vessels, and pleasure craft engaged in
recreational activities and sightseeing. This safety zone would not
have a significant economic impact on a substantial number of small
entities for the following reasons. This safety zone would be
activated, and thus subject to enforcement, for a limited duration. Due
to the shifting locations of the shoaling, which causes erratic changes
in channel depth, all traffic has been limited in transiting the Santa
Cruz Harbor Channel. The maritime public will be advised in advance of
this safety zone via Broadcast Notice to Mariners. Vessel traffic
currently cannot pass safely around the safety zone area. If deemed
safe, traffic would be allowed to pass through the zone with the
permission of the Captain of the Port or his designated representative.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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 will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves limiting all vessel traffic in the
through the Santa Cruz Harbor Entrance Channel due to the hazardous
conditions
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associated with the severe shoaling occurring in the area. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T11-0194 to read as follows:
Sec. 165.T11-0194 Safety Zone; Santa Cruz Harbor Shoaling, Santa
Cruz, CA.
(a) Location. This safety zone is established in the navigable
waters of the Monterey Bay near the Santa Cruz Harbor Entrance in Santa
Cruz, CA as depicted in National Oceanic and Atmospheric Administration
(NOAA) Chart 18685. The safety zone applies to the navigable waters of
the entrance of Santa Cruz Harbor as defined by the area contained with
two borders: A northern border defined by the line created by extending
the Santa Cruz Harbor boat launch ramp to the harbor's opposite shore
and a southern border defined by the line connecting the end points of
the Santa Cruz Harbor East Breakwater to Santa Cruz Harbor West
Breakwater as depicted in National Oceanic and Atmospheric
Administration (NOAA) Chart 18685. This emergency safety zone will be
effective immediately upon promulgation until 10 p.m. on May 1, 2016,
or until the completion of emergency dredging. The Coast Guard will
issue a Broadcast Notice to Mariners upon the completion of emergency
dredging and the deactivation of the safety zone. This safety zone is
meant for safety of all vessels transiting the harbor. This restricted
area in the harbor is necessary to protect vessels, and other property
from the hazards associated with severe shoaling. The Coast Guard has
issued notice to mariners warning of significant shoaling at the harbor
entrance that may result in breaking surf between jetties.
(b) Enforcement period. The safety zone described in paragraph (a)
of this section will be enforced immediately upon promulgation until 10
p.m. on May 1, 2016, or upon the completion of emergency dredging. The
Coast Guard will issue a Broadcast Notice to Mariners upon the
completion of emergency dredging and the deactivation of the safety
zone. The Captain of the Port San Francisco (COTP) will notify the
maritime community of periods during which this zone will be enforced
via Broadcast Notice to Mariners in accordance with 33 CFR 165.7.
(c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated to assist in
the enforcement of the safety zones.
(d) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated
representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
requesting permission to enter the safety zone from 9 a.m. to 5 p.m.
may contact the Harbor Master on VHF-9 or via telephone at (831) 475-
6161; or through the 24-hour Command Center at telephone (415) 399-
3547.
Dated: March 18, 2016.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2016-08220 Filed 4-8-16; 8:45 am]
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