[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

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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]
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