81 FR 21269 - Safety Zone: Santa Cruz Harbor Shoaling, Santa Cruz County, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 69 (April 11, 2016)
Coast Guard
Federal Register Volume 81, Issue 69 (April 11, 2016)
| Page Range | 21269-21272 | |
| FR Document | 2016-08220 |
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)] [Rules and Regulations] [Pages 21269-21272] From the Federal Register Online [www.thefederalregister.org] [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
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DEPARTMENT OF HOMELAND Vessels able to pass under the bridge may be enforced with constructive
SECURITY in the closed position may do so at any notice from April 11, 2016 until May 1,
time. The bridge will not be able to open 2016.
Coast Guard for emergencies and there is no Comments and related material must
immediate alternate route for vessels to be received by the Coast Guard on or
33 CFR Part 117 pass. before July 11, 2016.
[Docket No. USCG–2016–0255] The Coast Guard will inform the users ADDRESSES: Documents mentioned in
of the waterways through our Local this preamble are part of Docket Number
Drawbridge Operation Regulation; Notice and Broadcast to Mariners of the USCG–2016–0194. To view documents
Hackensack River, Secaucus, NJ change in operating schedule for the mentioned in this preamble as being
bridge so that vessel operations can available in the docket, go to http://
AGENCY: Coast Guard, DHS. arrange their transits to minimize any www.regulations.gov, type the docket
ACTION:Notice of deviation from impact caused by the temporary number in the ‘‘SEARCH’’ box and click
drawbridge regulation. deviation. ‘‘SEARCH.’’ Click on ‘‘Open Docket
In accordance with 33 CFR 117.35(e), Folder’’ on the line associated with this
SUMMARY: The Coast Guard has issued a
the drawbridge must return to its regular rulemaking. You may submit comments,
temporary deviation from the operating
operating schedule immediately at the identified by docket number, using the
schedule that governs the New Jersey
end of the effective period of this Federal eRulemaking Portal at http://
Transit Rail Operations (NJTRO) Upper
Hack Drawbridge across the Hackensack temporary deviation. This deviation www.regulations.gov. See the ‘‘Public
River, mile 6.9, at Secaucus, New Jersey. from the operating regulations is Participation and Request for
This deviation is necessary to allow the authorized under 33 CFR 117.35. Comments’’ portion of the
Dated: April 5, 2016. SUPPLEMENTARY INFORMATION section for
bridge owner to replace rails, ties,
walkways, and handrails at the bridge. C.J. Bisignano, further instructions on submitting
This deviation allows the bridge to comments.
Supervisory Bridge Management Specialist,
remain closed for two weekends. First Coast Guard District. FOR FURTHER INFORMATION CONTACT: If
DATES: This deviation is effective 12:01 [FR Doc. 2016–08199 Filed 4–8–16; 8:45 am] you have questions on this rule, call or
a.m. on April 16, 2016 through 6:00 BILLING CODE 9110–04–P email If you have questions on this rule,
p.m. May 23, 2016. call or email Lieutenant Marcia Medina,
ADDRESSES: The docket for this U.S. Coast Guard Sector San Francisco;
deviation, [USCG–2016–0255] is DEPARTMENT OF HOMELAND telephone (415) 399–7443 or email at
available at http://www.regulations.gov. SECURITY D11-PF-MarineEvents@uscg.mil.
Type the docket number in the SUPPLEMENTARY INFORMATION:
‘‘SEARCH’’ box and click ‘‘SEARCH’’. Coast Guard
Table of Acronyms
Click on Open Docket Folder on the line
associated with this deviation. 33 CFR Part 165 DHS Department of Homeland Security
FR Federal Register
FOR FURTHER INFORMATION CONTACT: If [Docket No. USCG–2016–0194]
NPRM Notice of Proposed Rulemaking
you have questions on this temporary COTP Captain of the Port
RIN 1625–AA00
deviation, call or email Joe M. Arca, CY Cubic Yards
Project Officer, First Coast Guard Safety Zone: Santa Cruz Harbor APA Administrative Procedure Act
District, telephone (212) 514–4336, Shoaling, Santa Cruz County, CA
email joe.m.arca@uscg.mil. A. Public Participation and Request for
AGENCY: Coast Guard, DHS. Comments
SUPPLEMENTARY INFORMATION: The
NJTRO Upper Hack Drawbridge across ACTION: Interim rule and request for We view public participation as
Hackensack River, mile 6.9, at Secaucus, comments. essential to effective rulemaking, and
New Jersey, has a vertical clearance in will consider all comments and material
SUMMARY: The Coast Guard is received during the comment period.
the closed position of 8 feet at mean
establishing an emergency safety zone Your comment can help shape the
high water and 13 feet at mean low
water. The existing bridge operating in the navigable waters of Santa Cruz outcome of this rulemaking. If you
regulations are found at 33 CFR County, California due to severe submit a comment, please include the
117.723(f). shoaling at the entrance to Santa Cruz docket number for this rulemaking,
The waterway is transited by seasonal Harbor that has created hazardous indicate the specific section of this
recreational vessels and commercial conditions for vessels transiting the document to which each comment
vessels of various sizes. harbor. This emergency safety zone is applies, and provide a reason for each
The bridge owner, NJTRO, requested established to ensure the safety of the suggestion or recommendation.
a temporary deviation from the normal mariners and vessels from the dangers We encourage you to submit
operating schedule to facilitate associated with the severe shoaling. comments through the Federal
replacement of the rails, ties, walkways Unauthorized persons or vessels are eRulemaking Portal at http://
and handrails at the bridge. prohibited from entering into, transiting www.regulations.gov. If your material
Under this temporary deviation, the through, or remaining in the safety zone cannot be submitted using http://
NJTRO Upper Hack Drawbridge may without the permission of the Captain of www.regulations.gov, contact the person
remain in the closed position for two the Port or a designated representative. in the FOR FURTHER INFORMATION
jstallworth on DSK7TPTVN1PROD with RULES
weekends, from 12:01 a.m. on April 16, This regulation is necessary to provide CONTACT section of this document for
2016 through 6:00 p.m. April 18, 2016 for the safety of life on the navigable alternate instructions.
and from 12:01 a.m. April 23 through waters in vicinity of the Santa Cruz We accept anonymous comments. All
6:00 p.m. April 25, 2016, and a rain date Harbor entrance. comments received will be posted
from May 14, 2016 through May 16 and DATES: This rule is effective and may be without change to http://
May 21 through May 23, 2016 for the enforced with actual notice from March www.regulations.gov and will include
same time frame. 18, 2016 until May 1, 2016. This rule any personal information you have
VerDate Sep<11>2014 14:13 Apr 08, 2016 Jkt 238001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM 11APR1](https://thefederalregister.org/doc/81_FR_21338/page/1.svg)
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associated with the severe shoaling to protect vessels, and other property FEDERAL COMMUNICATIONS
occurring in the area. This rule is from the hazards associated with severe COMMISSION
categorically excluded from further shoaling. The Coast Guard has issued
review under paragraph 34(g) of Figure notice to mariners warning of significant 47 CFR Part 54
2–1 of the Commandant Instruction. An shoaling at the harbor entrance that may [WC Docket Nos. 10–90, 14–58, 14–259; FCC
environmental analysis checklist result in breaking surf between jetties. 16–28]
supporting this determination and a
Categorical Exclusion Determination are (b) Enforcement period. The safety
Connect America Fund, ETC Annual
available in the docket where indicated zone described in paragraph (a) of this Reports and Certifications, Rural
under ADDRESSES. We seek any section will be enforced immediately Broadband Experiments
comments or information that may lead upon promulgation until 10 p.m. on
to the discovery of a significant May 1, 2016, or upon the completion of AGENCY: Federal Communications
environmental impact from this rule. emergency dredging. The Coast Guard Commission.
will issue a Broadcast Notice to ACTION: Final rule.
List of Subjects in 33 CFR Part 165 Mariners upon the completion of SUMMARY: In this document, the Federal
Harbors, Marine safety, Navigation emergency dredging and the Communications Commission
(water), Reporting and recordkeeping deactivation of the safety zone. The (Commission) clarifies that price cap
requirements, Security measures, and Captain of the Port San Francisco carriers can use Phase II model-based
Waterways. (COTP) will notify the maritime support to serve locations in eligible
For the reasons discussed in the community of periods during which this census blocks where the price cap
preamble, the Coast Guard amends 33 zone will be enforced via Broadcast carrier has served or intends to serve a
CFR part 165 as follows: Notice to Mariners in accordance with location or locations using Phase I
33 CFR 165.7. Round 2 incremental support. The
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS (c) Definitions. As used in this Commission also makes several
section, ‘‘designated representative’’ modifications to the letter of credit
■ 1. The authority citation for part 165 means a Coast Guard Patrol requirements for recipients of rural
continues to read as follows: Commander, including a Coast Guard broadband experiment support.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; coxswain, petty officer, or other officer DATES: Effective May 11, 2016.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; on a Coast Guard vessel or a Federal, FOR FURTHER INFORMATION CONTACT:
Department of Homeland Security Delegation State, or local officer designated to assist Alexander Minard, Wireline
No. 0170.1. Competition Bureau, (202) 418–7400 or
in the enforcement of the safety zones.
■ 2. Add temporary § 165.T11–0194 to TTY: (202) 418–0484.
(d) Regulations. (1) Under the general
read as follows: SUPPLEMENTARY INFORMATION: This is a
regulations in 33 CFR part 165, subpart
summary of the Commission’s Order in
§ 165.T11–0194 Safety Zone; Santa Cruz C, entry into, transiting or anchoring
WC Docket No. 10–90, 14–58 and 14–
Harbor Shoaling, Santa Cruz, CA. within this safety zone is prohibited 259; FCC 16–28, adopted on March 8,
(a) Location. This safety zone is unless authorized by the COTP or a 2016 and released on March 9, 2016.
established in the navigable waters of designated representative. The full text of this document is
the Monterey Bay near the Santa Cruz (2) The safety zone is closed to all available for public inspection during
Harbor Entrance in Santa Cruz, CA as vessel traffic, except as may be regular business hours in the FCC
depicted in National Oceanic and permitted by the COTP or a designated Reference Center, Room CY–A257, 445
Atmospheric Administration (NOAA) 12th Street SW., Washington, DC 20554
representative.
Chart 18685. The safety zone applies to or at the following Internet address:
the navigable waters of the entrance of (3) Vessel operators desiring to enter
or operate within the safety zone must http://transition.fcc.gov/Daily_Releases/
Santa Cruz Harbor as defined by the Daily_Business/2016/db0309/FCC-16-
area contained with two borders: A contact the COTP or a designated
28A1.pdf.
northern border defined by the line representative to obtain permission to
created by extending the Santa Cruz do so. Vessel operators given permission I. Introduction
Harbor boat launch ramp to the harbor’s to enter or operate in the safety zone 1. In this Order the Commission
opposite shore and a southern border must comply with all directions given to clarifies that price cap carriers can use
defined by the line connecting the end them by the COTP or a designated Phase II model-based support to serve
points of the Santa Cruz Harbor East representative. Persons and vessels locations in eligible census blocks
Breakwater to Santa Cruz Harbor West requesting permission to enter the safety where the price cap carrier has served
Breakwater as depicted in National zone from 9 a.m. to 5 p.m. may contact or intends to serve a location or
Oceanic and Atmospheric the Harbor Master on VHF–9 or via locations using Phase I Round 2
Administration (NOAA) Chart 18685. telephone at (831) 475–6161; or through incremental support. The Commission
This emergency safety zone will be the 24-hour Command Center at also makes several modifications to the
effective immediately upon telephone (415) 399–3547. letter of credit requirements for
promulgation until 10 p.m. on May 1, recipients of rural broadband
2016, or until the completion of Dated: March 18, 2016.
experiment support.
emergency dredging. The Coast Guard Gregory G. Stump,
jstallworth on DSK7TPTVN1PROD with RULES
will issue a Broadcast Notice to Captain, U.S. Coast Guard, Captain of the
II. Interplay Between Phase I
Mariners upon the completion of Port San Francisco. Incremental Support and Phase II
emergency dredging and the [FR Doc. 2016–08220 Filed 4–8–16; 8:45 am] 2. In 2013, the Commission instructed
deactivation of the safety zone. This BILLING CODE 9110–04–P
price cap carriers to meet their Phase I
safety zone is meant for safety of all Round 2 incremental support
vessels transiting the harbor. This obligations by deploying service to
restricted area in the harbor is necessary locations outside of the census blocks
VerDate Sep<11>2014 14:13 Apr 08, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM 11APR1](https://thefederalregister.org/doc/81_FR_21338/page/4.svg)
Document Created: 2016-04-09 00:11:23
Document Modified: 2016-04-09 00:11:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim rule and request for comments. | |
| 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. | |
| 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] | |
| FR Citation | 81 FR 21269 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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