[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

[[Page 21272]]

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]
BILLING CODE 9110-04-P