80 FR 81189 - Safety Zone; Closure of Morro Bay Harbor Bar Entrance; Morro Bay, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 249 (December 29, 2015)

Page Range		81189-81191
FR Document		2015-32734

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.

Federal Register, Volume 80 Issue 249 (Tuesday, December 29, 2015)

[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81189-81191]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 9110-04-P

81190 Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations

553(b)(B), the Coast Guard finds that Angeles—Long Beach may be contacted Guard will issue Broadcast Notice to
good cause exists for not publishing a on VHF–FM Channel 16 or 310–521– Mariners via VHF–FM marine channel
notice of proposed rulemaking (NPRM) 3801. 16 while the safety zone is enforced.
with respect to this rule. Under section 213(a) of the Small
The bar located in Morro Bay, V. Regulatory Analyses Business Regulatory Enforcement
California, is unique to the Southern We developed this rule after Fairness Act of 1996 (Pub. L. 104–121),
California coastline. Throughout the considering numerous statutes and we want to assist small entities in
year, the bar produces extremely executive orders (E.O.s) related to understanding this rule. If the rule
hazardous navigation conditions for all rulemaking. Below we summarize our would affect your small business,
types of maritime traffic within a small analyses based on a number of these organization, or governmental
waterway. It is predicted that the statutes and E.O.s, and we discuss First jurisdiction and you have questions
Southern California coast will be Amendment rights of protestors. concerning its provisions or options for
impacted by a strong El Niño, in which A. Regulatory Planning and Review compliance, please contact the person
abnormally large waves will be listed in the FOR FURTHER INFORMATION
observed. On December 7, 2015, a 53′ E.O.s 12866 and 13563 direct agencies CONTACT section.
commercial fishing vessel requested to to assess the costs and benefits of Small businesses may send comments
transit the bar during extremely available regulatory alternatives and, if on the actions of Federal employees
hazardous conditions, to include seas regulation is necessary, to select who enforce, or otherwise determine
exceeding 20′. The COTP issued a COTP regulatory approaches that maximize compliance with, Federal regulations to
Order to restrict the fishing vessel from net benefits. E.O. 13563 emphasizes the the Small Business and Agriculture
crossing the bar until the weather importance of quantifying both costs Regulatory Enforcement Ombudsman
subsided, to prevent a potentially and benefits, of reducing costs, of and the Regional Small Business
hazardous transit. Thus, waiting for the harmonizing rules, and of promoting Regulatory Fairness Boards. The
publishing of the NPRM would be flexibility. This rule has not been Ombudsman evaluates these actions
impracticable because immediate action designated a ‘‘significant regulatory annually and rates each agency’s
is needed to minimize potential danger action,’’ under E.O. 12866. Accordingly, responsiveness to small business. If you
to all vessels transiting across the bar. it has not been reviewed by the Office wish to comment on actions by
For these reasons, the Coast Guard finds of Management and Budget. employees of the Coast Guard, call 1–
that good cause exists for implementing The implementation of this temporary 888–REG–FAIR (1–888–734–3247). The
this rule less than thirty days before the safety zone is necessary for the Coast Guard will not retaliate against
effective date. protection of all waterway users. The small entities that question or complain
size of the zone is the minimum about this rule or any policy or action
III. Legal Authority and Need for Rule necessary to provide adequate of the Coast Guard.
The Coast Guard is issuing this rule protection for the waterways users,
under the authority of 33 U.S.C. 1231. adjoining areas, and the public. Any C. Collection of Information
The Captain of the Port Los Angeles— hardships experienced by persons or This rule will not call for a new
Long Beach has determined that a vessels are considered minimal collection of information under the
potential hazard exists during certain compared to the interest in protecting Paperwork Reduction Act of 1995 (44
weather conditions for all recreational the public. U.S.C. 3501–3520).
and commercial vessels operating in the
vicinity of the Morro Bay Harbor B. Impact on Small Entities D. Federalism and Indian Tribal
Entrance. This temporary safety zone is The Regulatory Flexibility Act of Governments
necessary to ensure the safety of, and 1980, 5 U.S.C. 601–612, as amended, A rule has implications for federalism
reduce the risk to, the persons and requires Federal agencies to consider under E.O. 13132, Federalism, if it has
vessels that operate on and in the the potential impact of regulations on a substantial direct effect on the States,
vicinity of the Morro Bay Harbor small entities during rulemaking. The on the relationship between the national
Entrance. term ‘‘small entities’’ comprises small government and the States, or on the
businesses, not-for-profit organizations distribution of power and
IV. Discussion of the Rule that are independently owned and responsibilities among the various
The U.S. Coast Guard has established operated and are not dominant in their levels of government. We have analyzed
a temporary safety zone encompassing fields, and governmental jurisdictions this rule under that Order and have
all navigable waters near the inside and with populations of less than 50,000. determined that it is consistent with the
outside of the mouth of the Morro Bay The Coast Guard certifies under 5 U.S.C. fundamental federalism principles and
Harbor entrance, from December 9, 605(b) that this rule will not have a preemption requirements described in
2015, to February 29, 2016. When the significant economic impact on a E.O. 13132.
Safety Zone is being enforced, the Coast substantial number of small entities. Also, this rule does not have tribal
Guard will turn on the Morro Bay Rough This rule will affect the following implications under E.O. 13175,
Bar Warning Light (LLNR 3877; entities, some of which may be small Consultation and Coordination with
35°22.256′ N., 120°51.526 ′ W.). This entities: the owners or operators of Indian Tribal Governments, because it
indicates that rough bar conditions are vessels intending to transit or anchor does not have a substantial direct effect
taking place at the entrance. In addition, within the designated area during the on one or more Indian tribes, on the
a Broadcast Notice to Mariner will be designated enforcement times. This relationship between the Federal
jstallworth on DSK7TPTVN1PROD with RULES

used to inform mariners of the temporary safety zone will not have a Government and Indian tribes, or on the
enforcement of the safety zone. No significant economic impact on a distribution of power and
vessel or person will be permitted to substantial number of small entities for responsibilities between the Federal
operate in the safety zone without the following reasons: (i) This zone will Government and Indian tribes. If you
obtaining permission from the Captain support the safety of vessel traffic believe this rule has implications for
of the Port (COTP) or the COTP’s through the area, (ii) this zone is limited federalism or Indian tribes, please
designated representative. Sector Los in scope and duration, (iii) the Coast contact the person listed in the FOR

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Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations 81191

FURTHER INFORMATION CONTACT section Authority: 33 U.S.C. 1231; 50 U.S.C. 191; enforcement will cease immediately
above. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; upon conditions returning to safe levels.
Department of Homeland Security Delegation
E. Unfunded Mandates Reform Act No. 0170.1. Dated: December 6, 2015.
J.F. Williams,
The Unfunded Mandates Reform Act ■ 2. Add § 165.T11–750 to read as Captain, U.S. Coast Guard, Captain of the
of 1995 (2 U.S.C. 1531–1538) requires follows: Port Los Angeles—Long Beach.
Federal agencies to assess the effects of
§ 165.T11–750 Safety Zone; Morro Bay [FR Doc. 2015–32734 Filed 12–28–15; 8:45 am]
their discretionary regulatory actions. In
particular, the Act addresses actions Breaking Bar; Morro Bay Harbor Entrance; BILLING CODE 9110–04–P

that may result in the expenditure by a Morro Bay, CA.
State, local, or tribal government, in the (a) Location. The following area is a
aggregate, or by the private sector of safety zone: All navigable waters of the DEPARTMENT OF VETERANS
$100,000,000 (adjusted for inflation) or Morro Bay Harbor Entrance in AFFAIRS
more in any one year. Though this rule approximate coordinates: from a point
will not result in such an expenditure, on the shoreline at 35°22.181′ N. 38 CFR Part 14
we do discuss the effects of this rule 120°52.207′ W., thence westward to RIN 2900–AP28
elsewhere in this preamble. 35°22.181′ N. 120°52.538′ W., thence
southward to 35°21.367′ N. 120°52.538′ Removal of Requirement To File
F. Environment W., thence eastward to a point on the Direct-Pay Fee Agreements With the
We have analyzed this rule under shoreline at 35°21.366′ N. 120°51.717′ Office of the General Counsel
Department of Homeland Security W., thence northward along the AGENCY: Department of Veterans Affairs.
Management Directive 023–01 and shoreline to a point inside the Morro
Commandant Instruction M16475.lD, ACTION: Final rule.
Bay Harbor to 35°22.153′ N. 120°51.698′
which guide the Coast Guard in W., thence northwestward to a point on SUMMARY: The Department of Veterans
complying with the National land at 35°22.233′ N. 120°51.847′ W., Affairs (VA) is amending its regulations
Environmental Policy Act of 1969 (42 thence southward along the shoreline to concerning the payment of fees for
U.S.C. 4321–4370f), and have the beginning. These coordinates are representation by agents and attorneys
determined that this action is one of a based on North American Datum of in proceedings before VA. Specifically,
category of actions that do not 1983. this rule removes the requirement that
individually or cumulatively have a (b) Definitions. For the purposes of an agent or attorney file a direct-pay fee
significant effect on the human this section: agreement with both the VA Office of
environment. This rule is categorically Designated representative means a the General Counsel and the agency of
excluded from further review under Coast Guard Patrol Commander, original jurisdiction. The intended effect
paragraph 34(g) of Figure 2–1 of the including a Coast Guard coxswain, petty of this final rule is to require that direct-
Commandant Instruction. An officer, or other officer operating a Coast pay fee agreements be submitted only to
environmental analysis checklist Guard vessel and a Federal, State, and the agency of original jurisdiction,
supporting this determination and a local officer designated by or assisting thereby eliminating duplicate filings by
Categorical Exclusion Determination are the Captain of the Port Los Angeles— agents and attorneys.
available in the docket where indicated Long Beach (COTP) in the enforcement DATES: Effective Date: This rule is
under ADDRESSES. We seek any of the safety zone. effective December 29, 2015.
comments or information that may lead Rough Bar means any swell, breaking Applicability Date: The provisions of
to the discovery of a significant surf, or wind conditions that create this final rule shall apply to all fee
environmental impact from this rule. safety hazards. This includes but is not agreements transmitted to VA on or after
G. Protest Activities limited to, breaking surf 8 feet of greater December 29, 2015.
or extreme steep or confused swell in FOR FURTHER INFORMATION CONTACT:
The Coast Guard respects the First the main channel or in the judgment of Dana Raffaelli, Staff Attorney, Office of
Amendment rights of protesters. the COTP or the COTP’s designated the General Counsel (022O), Department
Protesters are asked to contact the representative rough conditions exist. of Veterans Affairs, 810 Vermont
person listed in the FOR FURTHER
(c) Regulations. (1) Under the general Avenue NW., Washington, DC 20420,
INFORMATION CONTACT section to
safety zone regulations in subpart C of (202) 461–7699. (This is not a toll-free
coordinate protest activities so that your
this part, you may not enter the safety telephone number.)
message can be received without
zone described in paragraph (a) of this SUPPLEMENTARY INFORMATION: This rule
jeopardizing the safety or security of
section unless authorized by the COTP amends 38 CFR part 14 to remove the
people, places or vessels.
or the COTP’s designated representative. requirement that agents and attorneys
List of Subjects in 33 CFR Part 165 (2) To seek permission to enter, hail file direct-pay fee agreements with the
Harbors, Marine safety, Navigation Coast Guard Station Morro Bay on VHF– VA Office of the General Counsel in
(water), Reporting and recordkeeping FM Channel 16 or call at (805) 772– Washington, DC. Current provisions in
requirements, Security measures, 2167. Those in the safety zone must 38 CFR 14.636(g) and (h) require agents
Waterways. comply with all lawful orders or and attorneys to file direct-pay fee
directions given to them by the COTP or agreements with both the Office of the
For the reasons discussed in the
the COTP’s designated representative. General Counsel and the agency of
preamble, the Coast Guard amends 33
jstallworth on DSK7TPTVN1PROD with RULES

(d) Enforcement period. This rule is original jurisdiction. Removal of this
CFR part 165 as follows:
effective from 12:01 a.m. December 9, requirement will eliminate
PART 165—REGULATED NAVIGATION 2015 until February 29, 2016 11:59 p.m. administrative burdens associated with
AREAS AND LIMITED ACCESS AREAS The safety zone will only be enforced these direct-pay fee agreements. Agents
when the COTP or her designated and attorneys will be relieved from
■ 1. The authority citation for part 165 representative deems it necessary filing direct-pay fee agreements with the
continues to read as follows: because of the rough bar conditions, and Office of the General Counsel, and the

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Document Created: 2015-12-29 10:14:53
Document Modified: 2015-12-29 10:14:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
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.
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]
FR Citation		80 FR 81189
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

80 FR 81189 - Safety Zone; Closure of Morro Bay Harbor Bar Entrance; Morro Bay, CA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 249 (December 29, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard