Safety Zone; Closure of Morro Bay Harbor Bar Entrance; Morro Bay, CA, 81189-81191 [2015-32734]
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Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations
§ 165.921 Regulated Navigation Area;
Reporting Requirements for Barges Loaded
with Certain Dangerous Cargoes, Illinois
Waterway System located within the Ninth
Coast Guard District.
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
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.
2. In § 165.921:
a. Revise paragraph (b);
■ b. In paragraph (c), remove the words
‘‘Inland River Vessel Movement Center
or (IRVMC)’’ and add in their place the
words ‘‘Ninth District CDC Reporting
Unit or (D9 CDCRU)’’;
■ c. In paragraph (d) introductory text,
remove the words ‘‘Inland River Vessel
Movement Center (IRVMC)’’ and add in
their place the words ‘‘Ninth District
CDC Reporting Unit Eighth District (D9
CDCRU)’’;
■ d. In paragraph (d)(1) introductory
text and in paragraph (d)(1)(ii), remove
the text ‘‘IRVMC’’ and add, in its place,
the text ‘‘D9 CDCRU’’;
■ e. In paragraph (d)(1)(ix), remove the
text ‘‘IRVMC’’ and add in its place the
text ‘‘District Commander or designated
representative’’;
■ f. In paragraph (d)(2) introductory
text, remove the text ‘‘IRVMC’’ and add
in its place the text ‘‘D9 CDCRU’’;
■ g. In paragraph (d)(2)(iv), remove the
text ‘‘IRVMC’’ and add in its place the
text ‘‘District Commander or designated
representative’’;
■ h. Revise paragraph (d)(4).
■ i. In the introductory text to paragraph
(e), remove the text ‘‘the Inland River
Vessel Movement Center’’ and add in its
place the text ‘‘D9 CDCRU’’;
■ j. In paragraph (e), the introductory
text to paragraphs (f) and (g), and the
headings of Tables 165.921(f) and (g),
remove the text ‘‘IRVMC’’ and add in its
place the text ‘‘D9 CDCRU’’;
■ k. In paragraphs (f)(9) and (g)(4),
remove the text ‘‘IRVMC’’ and add in its
place the text ‘‘District Commander or
designated representative’’;
■ l. In paragraph (i), remove the text
‘‘the IRVMC’’ and add in its place the
text ‘‘designated representative’’.
The revisions read as follows:
■
jstallworth on DSK7TPTVN1PROD with RULES
■
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*
*
*
*
(b) Enforcement and applicability. (1)
Beginning January 1, 2016, reporting
requirements under this RNA will be
enforced only when directed by the
District Commander or designated
representative under paragraphs
(d)(1)(ix), (d)(2)(iv), (f)(9), and (g)(4) of
this section. Reporting points as listed
in paragraph (e) of this section may be
used to determine and inform where
reporting is required. Compliance under
other parts of this section is stayed until
a future date published in the Federal
Register, if determined necessary.
(2) This section applies to towing
vessel operators and fleeting area
managers responsible for CDC barges in
the RNA. This section does not apply to:
(i) Towing vessel operators
responsible for barges not carrying CDCs
barges, or
(ii) Fleet tow boats moving one or
more CDC barges within a fleeting area.
*
*
*
*
*
(d) * * *
(4) When required, reports under this
section must be made either by email at
d09-smb-cdcru@uscg.mil or via phone
or fax as provided in the notification as
directed by the District Commander or
designated representative through the
D9 CDCRU. Notification of when and
where reporting is required may be
made through Marine Safety
Information Bulletins, Notices of
Enforcement, email and/or through
industry outreach. At all other times,
reporting under this section is not
required and communications should be
directed to the Captain of the Port.
*
*
*
*
*
Dated: December 22, 2015.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2015–32616 Filed 12–28–15; 8:45 am]
BILLING CODE 9110–04–P
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:
PO 00000
Coast Guard, DHS.
Frm 00031
Fmt 4700
Sfmt 4700
ACTION:
81189
Temporary final rule.
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 https://
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:
SUMMARY:
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
§ 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.
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81190
Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations
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 Nino, 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.
jstallworth on DSK7TPTVN1PROD with RULES
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°22.256′ N., 120°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
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15:24 Dec 28, 2015
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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
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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
E:\FR\FM\29DER1.SGM
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Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations
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.
jstallworth on DSK7TPTVN1PROD with RULES
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
1. The authority citation for part 165
continues to read as follows:
■
VerDate Sep<11>2014
15:24 Dec 28, 2015
Jkt 238001
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.
2. Add § 165.T11–750 to read as
follows:
■
§ 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°22.181′ N.
120°52.207′ W., thence westward to
35°22.181′ N. 120°52.538′ W., thence
southward to 35°21.367′ N. 120°52.538′
W., thence eastward to a point on the
shoreline at 35°21.366′ N. 120°51.717′
W., thence northward along the
shoreline to a point inside the Morro
Bay Harbor to 35°22.153′ N. 120°51.698′
W., thence northwestward to a point on
land at 35°22.233′ N. 120°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
PO 00000
Frm 00033
Fmt 4700
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81191
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
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 14
RIN 2900–AP28
Removal of Requirement To File
Direct-Pay Fee Agreements With the
Office of the General Counsel
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
concerning the payment of fees for
representation by agents and attorneys
in proceedings before VA. Specifically,
this rule removes the requirement that
an agent or attorney file a direct-pay fee
agreement with both the VA Office of
the General Counsel and the agency of
original jurisdiction. The intended effect
of this final rule is to require that directpay fee agreements be submitted only to
the agency of original jurisdiction,
thereby eliminating duplicate filings by
agents and attorneys.
DATES: Effective Date: This rule is
effective December 29, 2015.
Applicability Date: The provisions of
this final rule shall apply to all fee
agreements transmitted to VA on or after
December 29, 2015.
FOR FURTHER INFORMATION CONTACT:
Dana Raffaelli, Staff Attorney, Office of
the General Counsel (022O), Department
of Veterans Affairs, 810 Vermont
Avenue NW., Washington, DC 20420,
(202) 461–7699. (This is not a toll-free
telephone number.)
SUPPLEMENTARY INFORMATION: This rule
amends 38 CFR part 14 to remove the
requirement that agents and attorneys
file direct-pay fee agreements with the
VA Office of the General Counsel in
Washington, DC. Current provisions in
38 CFR 14.636(g) and (h) require agents
and attorneys to file direct-pay fee
agreements with both the Office of the
General Counsel and the agency of
original jurisdiction. Removal of this
requirement will eliminate
administrative burdens associated with
these direct-pay fee agreements. Agents
and attorneys will be relieved from
filing direct-pay fee agreements with the
Office of the General Counsel, and the
SUMMARY:
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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
