Safety Zone; Morro Bay Harbor Entrance; Morro Bay, California
| Published date | 16 January 2020 |
| Citation | 85 FR 2643 |
| Record Number | 2020-00375 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 85 Issue 11 (Thursday, January 16, 2020)
[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Rules and Regulations]
[Pages 2643-2646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00375]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0963]
RIN 1625-AA00
Safety Zone; Morro Bay Harbor Entrance; Morro Bay, California
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The U.S. Coast Guard is establishing 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. Entry of persons or vessels into
this temporary safety zone is prohibited unless specifically authorized
by the Captain of the Port (COTP), Los Angeles-Long Beach, or her
designated representative.
DATES: This rule is effective without actual notice from January 16,
2020 until 11:59 p.m. on March 15, 2020. For purposes of enforcement,
actual notice will be used from 12:01 a.m. on January 15, 2020 through
January 16, 2020. The
[[Page 2644]]
safety zone will be enforced when the COTP or her designated
representative deems it necessary because of hazardous, breaking, or
rough bar conditions, which will be broadcasted via local Broadcast
Notice to Mariners.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0963 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 about this
rulemaking, call or email the Waterways Management Branch, 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 is issuing 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. 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. Publishing an NPRM and responding to
comments would be impracticable in this case due to the short notice of
the severe weather predictions that may affect the Morro Bay Harbor
Entrance beginning on or around January 15th, 2020.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register, as delaying the
effective date of this rule would be impracticable because the weather
conditions are expected to begin on or around January 15th, 2020 and we
need to have this rule in place to protect vessels and persons
transiting the area.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port (COTP), Los Angeles-Long Beach has
determined that potential hazards exist during certain weather
conditions from January, 2020 to March, 2020, 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
This rule establishes a temporary safety zone from January 15th,
2020 through March 15th, 2020, encompassing all navigable waters from
the surface to the sea floor near the inside and outside of the mouth
of the Morro Bay Harbor entrance; within the following coordinates, in
approximate position: 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. 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) to signify to mariners that rough bar conditions are taking place at
the entrance. No vessel or person would be permitted to operate in the
safety zone without obtaining permission from the COTP or her
designated representative. 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. Sector Los Angeles-Long Beach may
be contacted on VHF-FM Channel 16 or (310) 521-3801. The general
boating public will be notified prior to the enforcement of the
temporary safety zone via Broadcast Notice to Mariners.
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 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O.13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. This regulatory
action determination is based on the size, location, duration, and
time-of-year of the safety zone. Vessel traffic will be able to safely
transit around this safety zone, which will impact a small designated
area of Morro Bay Harbor, CA, as required, for approximately 2 months
and during a time of year when vessel traffic is normally low.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone and the rule allows vessels to
seek permission to enter the zone.
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. While some owners or operators of vessels intending to
transit the safety zone may be small entities, for the
[[Page 2645]]
reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator. 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 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, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 involves establishment of a temporary safety
zone, limited in duration, when required by significant safety hazards.
This rule is categorically excluded from further review under paragraph
L60(c) of Section L of the Department of Homeland Security Instruction
Manual 023-01-001-01 (series). An environmental analysis checklist
supporting this determination and Record of Environmental Consideration
(REC) 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: 46 U.S.C. 70034, 70051; 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.T11-015 to read as follows:
Sec. 165.T11-015 Safety Zone; Morro Bay Harbor Entrance; Morro Bay,
California.
(a) Location. The following area is a safety zone: All navigable
waters from the surface to the sea floor near the inside and outside of
the mouth of the Morro Bay Harbor entrance; within the following
coordinates, in approximate position: 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. This coordinate is 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.
(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 Sector Los
Angeles-Long Beach on VHF-FM Channel 16 or call at (310) 521-3801.
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 section will be enforced from 12:01
a.m. January 15, 2020, to 11:59 p.m. March 15, 2020. The Coast Guard
will turn on the Morro Bay Rough Bar Warning Light (Light List Number
(LLNR) 3877; 35[deg]22.256'' N 120[deg]51.526'' W) to signify to
mariners that rough bar conditions are taking place at the entrance. No
vessel or person would be permitted to operate in the safety zone
without obtaining
[[Page 2646]]
permission from the COTP or her designated representative. 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. General boating public will be notified prior to the
enforcement of the temporary safety zone via Broadcast Notice to
Mariners.
Dated: January 7, 2020.
R.E. Ore,
Captain, U.S. Coast Guard, Acting Captain of the Port, Los Angeles-Long
Beach.
[FR Doc. 2020-00375 Filed 1-15-20; 8:45 am]
BILLING CODE 9110-04-P
