[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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