[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81189-81191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32734]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-1083]
RIN 1625-AA00
Safety Zone; Closure of Morro Bay Harbor Bar Entrance; Morro Bay,
CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
in the navigable waters of the Morro Bay Harbor Entrance. This
temporary safety zone is being established to reduce significant
hazards subject to the vessels, the harbor, and the public during
periods of poor weather conditions. This proposed rulemaking would
prohibit persons and vessels from being in this temporary safety zone
unless specifically authorized by the Captain of the Port, Los
Angeles--Long Beach, or her designated representative.
DATES: This rule is effective without actual notice from December 29,
2015 February 29, 2016 11:59 p.m. For the purposes of enforcement,
actual notice will be used from 12:01 a.m. December 9, 2015, until
December 29, 2015. The safety zone will only be enforced when the COTP
or her designated representative deems it necessary because of
hazardous, breaking, or rough bar conditions.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1803 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Jevon James, Waterways Management, U.S. Coast Guard
Sector Los Angeles--Long Beach; telephone (310) 521-3860, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard proposes to issue this temporary 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.
[[Page 81190]]
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.
The bar located in Morro Bay, California, is unique to the Southern
California coastline. Throughout the year, the bar produces extremely
hazardous navigation conditions for all types of maritime traffic
within a small waterway. It is predicted that the Southern California
coast will be impacted by a strong El Ni[ntilde]o, in which abnormally
large waves will be observed. On December 7, 2015, a 53' commercial
fishing vessel requested to transit the bar during extremely hazardous
conditions, to include seas exceeding 20'. The COTP issued a COTP Order
to restrict the fishing vessel from crossing the bar until the weather
subsided, to prevent a potentially hazardous transit. Thus, waiting for
the publishing of the NPRM would be impracticable because immediate
action is needed to minimize potential danger to all vessels transiting
across the bar. For these reasons, the Coast Guard finds that good
cause exists for implementing this rule less than thirty days before
the effective date.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority of 33
U.S.C. 1231. The Captain of the Port Los Angeles--Long Beach has
determined that a potential hazard exists during certain weather
conditions for all recreational and commercial vessels operating in the
vicinity of the Morro Bay Harbor Entrance. This temporary safety zone
is necessary to ensure the safety of, and reduce the risk to, the
persons and vessels that operate on and in the vicinity of the Morro
Bay Harbor Entrance.
IV. Discussion of the Rule
The U.S. Coast Guard has established a temporary safety zone
encompassing all navigable waters near the inside and outside of the
mouth of the Morro Bay Harbor entrance, from December 9, 2015, to
February 29, 2016. When the Safety Zone is being enforced, the Coast
Guard will turn on the Morro Bay Rough Bar Warning Light (LLNR 3877;
35[deg]22.256' N., 120[deg]51.526 ' W.). This indicates that rough bar
conditions are taking place at the entrance. In addition, a Broadcast
Notice to Mariner will be used to inform mariners of the enforcement of
the safety zone. No vessel or person will be permitted to operate in
the safety zone without obtaining permission from the Captain of the
Port (COTP) or the COTP's designated representative. Sector Los
Angeles--Long Beach may be contacted on VHF-FM Channel 16 or 310-521-
3801.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
The implementation of this temporary safety zone is necessary for
the protection of all waterway users. The size of the zone is the
minimum necessary to provide adequate protection for the waterways
users, adjoining areas, and the public. Any hardships experienced by
persons or vessels are considered minimal compared to the interest in
protecting the public.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor within the designated area during the designated enforcement
times. This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: (i) This zone will support the safety of vessel traffic
through the area, (ii) this zone is limited in scope and duration,
(iii) the Coast Guard will issue Broadcast Notice to Mariners via VHF-
FM marine channel 16 while the safety zone is enforced.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR
[[Page 81191]]
FURTHER INFORMATION CONTACT section above.
E. 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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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 (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 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.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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 Sec. 165.T11-750 to read as follows:
Sec. 165.T11-750 Safety Zone; Morro Bay Breaking Bar; Morro Bay
Harbor Entrance; Morro Bay, CA.
(a) Location. The following area is a safety zone: All navigable
waters of the Morro Bay Harbor Entrance in approximate coordinates:
from a point on the shoreline at 35[deg]22.181' N. 120[deg]52.207' W.,
thence westward to 35[deg]22.181' N. 120[deg]52.538' W., thence
southward to 35[deg]21.367' N. 120[deg]52.538' W., thence eastward to a
point on the shoreline at 35[deg]21.366' N. 120[deg]51.717' W., thence
northward along the shoreline to a point inside the Morro Bay Harbor to
35[deg]22.153' N. 120[deg]51.698' W., thence northwestward to a point
on land at 35[deg]22.233' N. 120[deg]51.847' W., thence southward along
the shoreline to the beginning. These coordinates are based on North
American Datum of 1983.
(b) Definitions. For the purposes of this section:
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Los Angeles--Long
Beach (COTP) in the enforcement of the safety zone.
Rough Bar means any swell, breaking surf, or wind conditions that
create safety hazards. This includes but is not limited to, breaking
surf 8 feet of greater or extreme steep or confused swell in the main
channel or in the judgment of the COTP or the COTP's designated
representative rough conditions exist.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, hail Coast Guard Station Morro Bay
on VHF-FM Channel 16 or call at (805) 772-2167. Those in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
(d) Enforcement period. This rule is effective from 12:01 a.m.
December 9, 2015 until February 29, 2016 11:59 p.m. The safety zone
will only be enforced when the COTP or her designated representative
deems it necessary because of the rough bar conditions, and enforcement
will cease immediately upon conditions returning to safe levels.
Dated: December 6, 2015.
J.F. Williams,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2015-32734 Filed 12-28-15; 8:45 am]
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