[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Proposed Rules]
[Pages 60025-60031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23968]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0785]
RIN 1625-AA11
Regulated Navigation Areas; Harbor Entrances Along the Coast of
Northern California
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish Regulated Navigation
Areas (RNAs) at the harbor bar entrances to Crescent City Harbor,
Humboldt Bay, Noyo River, and Morro Bay. The proposed regulation would
create additional safety requirements for recreational and small
commercial vessels operating in these areas during periods of hazardous
conditions, such as high wind or breaking surf, as well as establish
clear procedures for restricting and closing these harbor bar entrances
in the event of unsafe conditions. The proposed regulation is necessary
to enhance mariner and vessel safety when crossing the bars exceeds
parameters, typically when breaking seas are projected to be 20-foot or
greater. The proposed rulemaking would prohibit vessels from entering
these areas during unsafe conditions unless authorized by the local
Captain of the Port or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 9, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0785 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Andres Ayure, Coast Guard
District 11 Waterways Office; telephone 510-437-2982, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
NPRM Notice of Proposed Rulemaking
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
[[Page 60026]]
FR Federal Register
LA-LB Los Angeles-Long Beach
OCMI Officer in Charge of Marine Inspection
OMB Office of Management and Budget
NTSB National Transportation Safety Board
PWSA Ports and Waterways Safety Act
RNA Regulated Navigation Area
U.S.C. United States Code
Sec. Section
II. Background, Purpose, and Legal Basis
Since 1998, Captain of the Port (COTP) San Francisco and COTP Los
Angeles-Long Beach (LA-LB) have issued various navigation safety
advisories and created numerous emergency safety zones to mitigate risk
to mariners and vessels transiting the Crescent City Harbor, Humboldt
Bay, Noyo River, and Morro Bay Harbor entrances during unsafe
conditions. These emergency safety zones included policies and
procedures for closing the bar to vessel traffic as well as vessel
escort policies and provided parameters and procedures for waiver
requests. For example, in October 2017, COTP San Francisco published a
temporary final rule to establish temporary safety zones in the
navigable waters of the Humboldt Bay Entrance Channel in Eureka, CA;
the Noyo River Entrance Channel in Fort Bragg, CA; and the Crescent
City Harbor Entrance in Crescent City, CA to enhance navigation safety
during unsafe conditions (82 FR 53418). The use of emergency safety
zones to accomplish the required risk mitigation does not provide
consistency or predictability of Coast Guard actions to mariners. The
RNAs proposed here would define the parameters and implementation
procedures for restricting access to the applicable areas during unsafe
conditions for various types and classes of vessels.
The current mariner rules of the road and use of emergency safety
zones governing maritime traffic operating in the vicinity of the
Crescent City Harbor, Humboldt Bay, Noyo River, and Morro Bay Harbor
bar entrances are insufficient to enhance the safety of mariners and
vessels operating in those areas. Bars along the northern California
coast experience severe wave, sea, and current conditions that have
contributed to numerous marine casualties. Various Coast Guard and
National Transportation Safety Board (NTSB) casualty investigations
have identified a need for specific regulations to mitigate these risks
to enhance the safety of mariners and vessels operating in the vicinity
of bars. One example is the NTSB Safety Recommendation M-05-009,
available at: https://www.ntsb.gov/investigations/AccidentReports/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=M-05-009.
On October 17, 2005, in a written response to NTSB Safety
Recommendation M-05-009, the Coast Guard articulated its intention to
develop written policies for transiting west coast bars and inlets. In
July 2010, Coast Guard District Thirteen published a final rule, 74 FR
59098, amended by 75 FR 41988, to mitigate bar transit risks that
addressed NTSB Safety Recommendations M-05-009 and M-05-010. Coast
Guard District Eleven is proposing a similar rule to streamline safety
regulations and provide predictability for local mariners regarding the
conditions for the Coast Guard to regulate navigation in the vicinity
of Crescent City Harbor, Humboldt Bay, Noyo River, and Morro Bay Harbor
bar entrances based on weather, sea, tide, and river conditions.
The Coast Guard solicited public input on the potential
establishment of RNAs at these locations through the Federal Register
prior to publication of this NPRM (83 FR 5592, Feb. 8, 2018). The
comment period closed on March 12, 2018. Coast Guard District Eleven
received a request for an extension of the comment period, and after
reviewing it, reopened the public comment period to extend to March 30,
2018 (83 FR 11649). In addition to the Federal Register notices, an
extensive public outreach plan was completed by Coast Guard COTP LA-LB
and COTP San Francisco, and a press release was issued to engage all
mariner stakeholders in the local communities. Coast Guard District
Eleven recognizes the need to provide ample opportunity for public
discussion of bar crossing safety measures and seeks to acquire mariner
feedback on the proposed regulatory text.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231) and Department of Homeland
Security (DHS) Delegation No. 0170.1(70). This authority has been re-
delegated by the Commandant to District Commanders in accordance with
33 CFR 1.05-1(e). In addition, without this rule the COTP can issue
COTP Orders under the Ports and Waterways Safety Act (PWSA) 46 U.S.C.
70002 to direct only a specific vessel, facility, or individual in
order to: restrict or stop vessel operations; require specific actions
to be taken; deny a vessel further entry to port until a deficiency is
corrected; or detain a vessel in port. COTP Orders cannot be issued to
``all vessels'' or a class of vessels, facilities or individuals. Where
a group or class of entities is targeted, a safety zone or RNA is more
appropriate. Due to this limitation, this rule is being established to
restrict all vessels, when the COTP determines that the on scene
conditions are unsafe. Authority to activate the proposed RNA at Morro
Bay Harbor is delegated from the District Commander to COTP LA-LB. The
authority to activate the proposed RNA at Crescent City Harbor,
Humboldt Bay, and Noyo River is delegated to COTP San Francisco. The
Designated Representative for enforcement of the proposed RNA at
Crescent City Harbor, Humboldt Bay, and Noyo River would be designated
by COTP San Francisco to Commander, Sector Humboldt Bay.
III. Discussion of Comments
A total of six comments were received from the published Request
for Comments. We considered four comments in drafting this proposed
rule; two comments were outside the scope of the notice or appeared to
be based on a misunderstanding of the intent of the Request for
Comments.
One commenter stated that the Government should not regulate when
mariners can navigate a specific area. The Coast Guard has maintained a
narrow scope for the enactment of the proposed regulation in order to
minimize potential impact on navigation. The Coast Guard's goal is to
provide advance notice, consistency, and predictability for local
mariners during periods of extreme weather and sea conditions (i.e.,
unsafe conditions). The Coast Guard seeks clear communication with
local mariners and views this proposed regulation as a tool to improve
public safety, predictability, advance notice, and transparency.
One comment questioned the ability of the Coast Guard to determine
when the bars are safe for seasoned mariners to transit versus the
judgment of professional mariners themselves. The Coast Guard drafted
the proposed RNAs as a formalization of existing best-practices already
used by prudent mariners at bar entrances along the Pacific Coast
during extreme weather and sea conditions. The proposed regulation
differentiates between a bar restriction and bar closure based on set
environmental conditions as observed by the COTP, who under 33 CFR
6.04-5, retains ultimate authority to restrict entrance to the harbor
bars in order to avoid damage or injury to a vessel or waterfront
facility. To account for the various levels of mariner knowledge and
familiarity with each bar, the draft regulation also proposes
progressive standards for recreational and professional mariners. In
addition, the proposed regulatory text establishes
[[Page 60027]]
safety standards for operating in the RNAs during periods of unsafe
conditions and provides the opportunity for preapproved bar crossing
plans to implement supplemental safety and accessibility measures for
mariners. Unsafe conditions in this proposed rule are typically
expected to be at least 20-foot breaking seas. The bar should be
reopened at the discretion of each COTP, typically when breaking seas
are less than 20-foot and when the local Coast Guard station is able to
launch the 47-foot motor life boat to respond to search and rescue
cases. Finally, the proposed regulation establishes waiver procedures
for vessels requiring access to safe harbor during a bar restriction or
closure. We welcome further discussion on the proposed text, as the
primary focus of this NPRM is to provide an opportunity for public
comment to inform potential revisions of the proposed RNA.
One commenter stated that such RNAs would be redundant because the
Coast Guard currently closes the entrances to all craft during unsafe
periods. The Coast Guard believes the commenter is referring to the use
of emergency safety zones. While emergency safety zones reduce the risk
for all vessels, they do not provide advance notice, consistency, or
predictability of Coast Guard actions affecting mariners, or additional
safety requirements, such as implementing bar crossing plans for small
passenger and commercial fishing vessels to mitigate risks inherent to
transits of the harbor bars. The proposed RNA negates the need to
establish emergency safety zones, and defines the parameters and
enforcement procedures for restricting access to the applicable areas
during unsafe conditions and defines safety requirements for small
passenger and commercial fishing vessels operating within the proposed
RNAs. This regulation would improve consistency of enforcement and
communication with the maritime public.
The Coast Guard received one comment suggesting that the Coast
Guard discuss possible penalties or actions the Coast Guard will take
for violations of the proposed regulation. The Coast Guard incorporated
a reference to 46 U.S.C. 70036, which provides penalties for all
persons in violation. Per 46 U.S.C. 70036, the current civil penalty
shall not exceed $25,000 per violation. Each day of a continuing
violation shall constitute a separate violation.
The Coast Guard utilized the comments received to draft the
proposed RNA text to be minimally disruptive to the local community and
mariners utilizing Crescent City Harbor, Humboldt Bay, Noyo River, and
Morro Bay Harbor bar entrances outlined in this NPRM, while
acknowledging the limits of Coast Guard rescue assets and the need for
additional safety measures. In the sections below, we outline a
comprehensive proposed regulation of RNAs for public comment.
IV. Discussion of Proposed Rule
The Coast Guard is proposing to establish RNAs at the harbor bar
entrances to Crescent City Harbor, Humboldt Bay, Noyo River, and Morro
Bay. The proposed regulation would create additional safety
requirements for recreational and small commercial vessels operating in
these areas during periods of hazardous conditions, such as high wind
or breaking surf, as well as establish clear procedures for restricting
and closing these harbor bar entrances in the event of hazardous
conditions. The proposed regulation is necessary to enhance mariner and
vessel safety when crossing the bars exceeds parameters, typically when
breaking seas are projected to be 20-foot or greater. The COTP or a
designated representative would determine whether an unsafe condition
exists for restricting or closing the bar entrances, meaning that the
wave height within an RNA is equal to or greater than the maximum wave
height as defined by the formula L/10 + F = W. In the formula ``L'' is
the overall length of a vessel, ``F'' is the minimum freeboard when
measured in feet from the lowest point along the upper strake edge to
the surface of the water and ``W'' is the maximum wave height in feet.
The COTP will also utilize their professional maritime experience and
knowledge of local environmental conditions in making their
determination. Factors that will be considered include, but are not
limited to: Size and type of vessel, sea state, winds, wave period, and
tidal currents. The proposed rulemaking would also prohibit vessels
from entering these areas during hazardous conditions unless authorized
by Commander, District Eleven, the local Captain of the Port, or a
designated representative.
In the proposed rule, the operation of recreational and uninspected
passenger vessels in the RNA is prohibited during bar restrictions and
bar closures unless specifically authorized by the COTP or a designated
representative. The operator of any recreational or uninspected
passenger vessel operating in an activated RNA shall ensure that all
persons located in any unenclosed areas of the recreational vessel are
wearing lifejackets, and that lifejackets are readily accessible for/to
all persons located in any enclosed area of the vessel.
The proposed rule would also prohibit small passenger vessels and
commercial fishing vessels from crossing the bars located in the RNAs
during a bar closure, unless specifically authorized by the COTP or a
designated representative.
The master or operator of any small passenger vessel operating in
an activated RNA shall ensure that all persons located in any
unenclosed areas of the small passenger vessel are wearing lifejackets
and that lifejackets are readily accessible for/to all persons located
in any enclosed areas of the vessel. The aforementioned requirement may
be waived if the operator of the small passenger vessel pre-establishes
a bar crossing plan with the Coast Guard OCMI with responsibility for
the bar they intend to cross that will include outlining a
communication plan and safety equipment to be set out during the
crossing. Operators intending to cross the Crescent City Harbor,
Humboldt Bay, and Noyo River bars should contact Coast Guard Sector San
Francisco and operators intending to cross the Morro Bay Harbor
entrance should contact Coast Guard Sector Los Angeles-Long Beach.
The master or operator of any commercial fishing vessel operating
in an activated RNA shall ensure that all persons located in any
unenclosed areas of commercial fishing vessel are wearing lifejackets
or immersion suits and that lifejackets or immersion suits are readily
accessible for/to all persons located in any enclosed spaces of the
vessel.
For bars having deep draft vessel access, the COTP will consult
with the local pilots association, when practicable, prior to closing
the affected bar.
A similar RNA program has been tested and used along the Northern
Pacific Coast with limited burden to local mariners while improving
vessel safety during unsafe conditions. The Coast Guard believes that
implementing a standard protocol along the Pacific Coast will improve
our service to the maritime community and minimize the unpredictability
of emergency safety zones. Conditions that exceed operating parameters
for the Coast Guard's primary rescue asset, the 47-foot motor lifeboat
with an operating limit of 20-foot breaking seas, will be the threshold
for COTP activation of the proposed RNA. In addition, the proposed RNA
will provide predictability of closures, improve vessel transit plans
during extreme weather conditions, and strengthen communications
between the
[[Page 60028]]
Coast Guard and the maritime community. The regulatory text we are
proposing appears at the end of this document.
V. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the fact that: (1)
The proposed regulation does not require vessel operators affected by
the regulation to purchase additional equipment; (2) the restriction
and/or closure of the bars are temporary and will only occur when
necessary due to unsafe conditions; (3) the maritime public will be
advised of bar restrictions and/or closures via one or more of the
following methods: Broadcast Notice to Mariners, local government
partners, bar warning lights and/or publication in the Local Notice to
Mariners; and (4) vessels may be allowed to enter the proposed RNA when
a bar restriction and/or closure is in place on a case-by-case basis
with permission of the COTP or a designated representative.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This rule may affect the following entities, some of which may be
small entities: Owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing, if these facilities or vessels are in the
vicinity of the RNA at times when the RNA has been activated. This rule
will not have a significant economic impact on a substantial number of
small entities for the following reasons: (1) The proposed regulation
does not require vessel operators affected by the regulation to
purchase additional equipment; (2) the restriction and/or closure of
the bars are temporary and will only occur when necessary due to unsafe
conditions; (3) the maritime public will be advised of bar restrictions
and/or closures via one or more of the following methods: Broadcast
Notice to Mariners, local government partners, bar warning lights and
publication in the Local Notice to Mariners; and (4) vessels may be
allowed to enter the proposed RNA when a bar restriction or closure is
in place on a case-by-case basis with permission of the COTP or a
designated representative.
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 proposed rule would 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 Executive Order 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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves RNAs that
would prohibit the transit of maritime traffic in times of unsafe
conditions. Normally such actions are categorically excluded from
further review under L60[a] in Table 3-
[[Page 60029]]
1 of U.S. Coast Guard Environmental Planning Implementing Procedures. A
preliminary Record of Environmental Consideration supporting this
determination is 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 proposed
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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. [thinsp]165.1196 to read as follows:
Sec. 165.1196 Regulated Navigation Areas; Harbor Entrances along the
Coast of Northern California.
(a) Regulated navigation areas. Each of the following areas is a
regulated navigation area (RNA):
(1) Humboldt Bay Entrance Channel: The navigable waters shoreward
of a line drawn from Humboldt Bay Entrance Light 4 to Humboldt Bay
Entrance Light 3, in Eureka, CA.
(2) Noyo River Entrance Channel: The navigable waters of the Noyo
River Entrance Channel as defined by the area contained seaward of the
Line of Demarcation, with the northern boundary of the line originating
in approximate position 39[deg]25'41'' N, 123[deg]48'37'' W and
extending 4 nautical miles at bearing 290[deg] T, and the southern
boundary of the line originating in approximate position 39[deg]25'38''
N, 123[deg]48'36'' W and extending 4 nautical miles at 281[deg] T, in
Fort Bragg, CA.
(3) Crescent City Harbor Entrance Channel: The navigable waters of
the Crescent City Harbor Entrance Channel, as defined by the area
contained seaward of the line originating in approximate position
41[deg]44'36'' N, 124[deg]11'18'' W bearing 237[deg] T and extending
out to 1 nautical mile from the Line of Demarcation, in Crescent City,
CA.
(4) Estero-Morro Bay Harbor Entrance Channel: The navigable waters
of the Morro Bay Harbor Entrance Channel, as defined by the area
contained seaward of the Line of Demarcation, with the northern
boundary of the line originating from the seaward extremity of the
Morro Bay East Breakwater to the Morro Bay West Breakwater Light
35[deg]21'46'' N, 120[deg]52'11'' W in Morro Bay, CA.
(b) Definitions. For purposes of this section:
(1) Bar closure means that the operation of any vessel within an
RNA established in paragraph (a) of this section has been prohibited by
the Coast Guard.
(2) Bar crossing plan (also known as a Go/No-Go plan) means a plan,
developed by local industry, in coordination with Coast Guard, for a
bar within an RNA established in paragraph (a) of this section and
adopted by the master or operator of a small passenger vessel or
commercial fishing vessel to guide his or her vessel's operations on
and in the vicinity of that bar.
(3) Bar restriction means that operation of a recreational,
uninspected passenger, small passenger, and commercial fishing vessel
within an RNA established in paragraph (a) of this section has been
prohibited by the Coast Guard.
(4) Commercial fishing industry vessel means a fishing vessel, fish
tender vessel, or a fish processing vessel.
(5) COTP designated representative means any Coast Guard
commissioned, warrant, civilian or petty officer that has been
authorized by the Captain of the Port (COTP) to act on his or her
behalf in the enforcement of the RNA.
(6) Fish processing vessel means a vessel that commercially
prepares fish or fish products other than by gutting, decapitating,
gilling, skinning, shucking, icing, freezing, or brine chilling.
(7) Fish tender vessel means a vessel that commercially supplies,
stores, refrigerates, or transports fish, fish products, or materials
directly related to fishing or the preparation of fish to or from a
fishing, fish processing, or fish tender vessel or a fish processing
facility.
(8) Fishing vessel means a vessel that commercially engages in the
catching, taking, or harvesting of fish or an activity that can
reasonably be expected to result in the catching, taking, or harvesting
of fish.
(9) Operator means a person who is an owner, a demise charterer, or
other contractor, who conducts the operation of, or who is responsible
for the operation of a vessel.
(10) Readily accessible means equipment that is taking out of
stowage and is available within the same space as any person for
immediate use during an emergency.
(11) Recreational vessel means any vessel manufactured or used
primarily for non-commercial use or leased, rented, or chartered to
another for non-commercial use. It does not include a vessel engaged in
carrying paying passengers.
(12) Small passenger vessel means a vessel inspected under 46 CFR
subchapter T or 46 CFR subchapter K.
(13) Uninspected passenger vessel means an uninspected vessel--
(i) Of at least 100 gross tons;
[[Page 60030]]
(A) Carrying not more than 12 passengers, including at least one
passenger-for-hire; or
(B) That is chartered with the crew provided or specified by the
owner or the owner's representative and carrying not more than 12
passengers; or
(ii) Of less than 100 gross tons;
(A) Carrying not more than six passengers, including at least one
passenger-for-hire; or
(B) That is chartered with the crew provided or specified by the
owner or the owner's representative and carrying not more than six
passengers.
(14) Unsafe condition exists when the wave height within an RNA
identified in paragraph (a) of this section is equal to or greater than
the maximum wave height determined by the formula L/10 + F = W where:
L = Overall length of a vessel measured in feet in a straight
horizontal line along and parallel with the centerline between the
intersections of this line with the vertical planes of the stem and
stern profiles excluding deckhouses and equipment.
F = The minimum freeboard when measured in feet from the lowest
point along the upper strake edge to the surface of the water.
W = Maximum wave height in feet to the nearest highest whole
number.
(c) Regulations.
(1)(i) Bar restrictions. The COTP or a designated representative
will determine when to restrict passage for recreational and
uninspected passenger vessels across the bars located in the RNAs
established in paragraph (a) of this section. In making this
determination, the COTP or a designated representative will determine
whether an unsafe condition exists for such vessels as defined in
paragraph (b) of this section. Additionally, the COTP or a designated
representative will use his or her professional maritime experience and
knowledge of local environmental conditions in making his or her
determination. Factors that will be considered include, but are not
limited to: Size and type of vessel, sea state, winds, wave period, and
tidal currents. When a bar is restricted, the operation of recreational
and uninspected passenger vessels in the RNA established in paragraph
(a) of this section in which the restricted bar is located is
prohibited unless specifically authorized by the COTP or a designated
representative.
(ii) Bar closure. The bars located in the RNAs established in
paragraph (a) of this section will be closed to all vessels whenever
environmental conditions exceed the operational limitations of the
relevant Coast Guard Search and Rescue resources as determined by the
COTP. When a bar is closed, the operation of any vessel in the RNA
established in paragraph (a) of this section in which the closed bar is
located is prohibited unless specifically authorized by the COTP or a
designated representative. For bars having deep draft vessel access,
the COTP will consult with the local pilots association, when
practicable, prior to closing the affected bar.
(iii) The Coast Guard will notify the public of bar restrictions
and bar closures via a Broadcast Notice to Mariners on VHF-FM Channel
16 and 22A. Additionally, Coast Guard personnel may be on-scene to
advise the public of any bar restrictions or closures. In some
locations, the Coast Guard may use bar warning lights to provide a
visual indication of unsafe conditions to the public. Monitoring
cameras and associated websites may also provide mariners with
additional information in some locations.
(2) Safety requirements for recreational vessels. The operator of
any recreational vessel operating in an RNA established in paragraph
(a) of this section shall ensure that all persons located in any
unenclosed areas of the recreational vessel are wearing lifejackets;
and that lifejackets are readily accessible for/to all persons located
in any enclosed area of the recreational vessel:
(A) When crossing the bar and a bar restriction exists or
(B) Whenever the recreational vessel is being towed or escorted
across the bar.
(3) Safety requirements for uninspected passenger vessels (UPVs).
(i) The master or operator of any uninspected passenger vessel
operating in an RNA established in paragraph (a) of this section shall
ensure that all persons located in any unenclosed areas of their vessel
are wearing lifejackets and that lifejackets are readily accessible
for/to all persons located in any enclosed areas of their vessel
uninspected passenger vessel:
(A) When crossing the bar and a bar restriction exists or
(B) Whenever the uninspected passenger vessel is being towed or
escorted across the bar.
(ii) The master or operator of any uninspected passenger vessel
operating in an RNA established in paragraph (a) of this section during
the conditions described in paragraph (c)(3)(i)(A) of this section
shall contact the Coast Guard on VHF-FM Channel 16 prior to crossing
the bar. The master or operator shall report the following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons onboard the vessel and
(D) Vessel destination.
(4) Safety Requirements for Small Passenger Vessels (SPV). (i) The
master or operator of any small passenger vessel operating in an RNA
established in paragraph (a) of this section shall ensure that all
persons located in any unenclosed areas of the small passenger vessel
are wearing lifejackets and that lifejackets are readily accessible
for/to all persons located in any enclosed areas of the vessel:
(A) Whenever crossing the bar and a bar restriction exists or
(B) Whenever their vessel is being towed or escorted across the
bar.
(ii) Small passenger vessels with bar crossing plans that have been
reviewed by and accepted by the Officer in Charge of Marine Inspection
(OCMI) are exempt from the safety requirements described in paragraph
(c)(4)(i) of this section during the conditions described in paragraph
(c)(4)(i)(A) of this section so long as when crossing the bar the
master or operator ensures that all persons on their vessel wear
lifejackets in accordance with their bar crossing plan. If the vessel's
bar crossing plan does not specify the conditions when the persons on
their vessel shall wear lifejackets, however, then the master or
operator shall comply with the safety requirements provided in
paragraph (c)(4)(i) of this section in its entirety.
(iii) The master or operator of any small passenger vessel
operating in an RNA established in paragraph (a) of this section during
the conditions described in paragraph (c)(4)(i)(A) of this section
shall contact the Coast Guard on VHF-FM Channel 16 prior to crossing
the bar. The master or operator shall report the following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons on board the vessel and
(D) Vessel destination.
(5) Safety Requirements for Commercial Fishing Vessels (CFV).
(i) The master or operator of any commercial fishing vessel
operating in an RNA described in paragraph (a) of this section shall
ensure that all persons located in any unenclosed areas of commercial
fishing vessel are wearing lifejackets or immersion suits and that
lifejackets or immersion suits are readily accessible for/to all
persons located in any enclosed spaces of the vessel:
(A) Whenever crossing the bar and a bar restriction exists or
(B) Whenever the commercial fishing vessel is being towed or
escorted across the bar.
[[Page 60031]]
(ii) The master or operator of any commercial fishing vessel
operating in an RNA described in paragraph (a) of this section during
the conditions described in paragraph (c)(5)(i)(A) of this section
shall contact the Coast Guard on VHF-FM Channel 16 prior to crossing
the bar. The master or operator shall report the following:
(A) Vessel name,
(B) Vessel location or position,
(C) Number of persons on board the vessel and
(D) Vessel destination.
(6) Penalties. All persons and vessels within the RNAs described in
paragraph (a) of this section shall comply with orders of Coast Guard
personnel. Coast Guard personnel includes commissioned, warrant, petty
officers, and civilians of the United States Coast Guard. Any person
who fails to comply with this regulation is subject to civil penalty in
accordance with 46 U.S.C. 70036.
Dated: October 21, 2019.
Peter W. Gautier,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard District Eleven.
[FR Doc. 2019-23968 Filed 11-6-19; 8:45 am]
BILLING CODE 9110-04-P