
[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 
Jevon.L.James2@uscg.mil.

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]
 BILLING CODE 9110-04-P


