[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Proposed Rules]
[Pages 7022-7027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2592]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-1017]
RIN 1625-AA11
Regulated Navigation Areas; Bars Along the Coasts of Oregon and
Washington
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish Regulated Navigation
Areas (RNA) covering specific bars along the coasts of Oregon and
Washington that will include procedures for restricting and/or closing
those bars as well as additional safety requirements for recreational
and small commercial vessels operating in the RNAs. The RNAs are
necessary to help ensure the safety of the persons and vessels
operating in those hazardous bar areas. The RNAs will do so by
establishing clear procedures for restricting and/or closing the bars
and mandating additional safety requirements for recreational and small
commercial vessels operating in the RNAs when certain conditions exist.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before March 16,
2009 or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2008-1017 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call LCDR Emily Saddler, Thirteenth Coast Guard District,
Prevention Division, Inspections and Investigations Branch, telephone
206-220-7210. If you have questions on viewing or submitting material
to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-1017), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a telephone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-1017'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than \81/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-1017 in the Docket ID box, press Enter, and
then click on the item in the
[[Page 7023]]
Docket ID column. You may also visit either the Docket Management
Facility in Room W12-140 on the ground floor of the Department of
Transportation West Building, 1200 New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays; or the Thirteenth Coast Guard District, Prevention
Division, Inspections and Investigations Branch in Room 3506 on the
35th floor of the Jackson Federal Building, 915 Second Avenue, Seattle,
WA 98174, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The bars along the coasts of Oregon and Washington are a maritime
operating environment unique to the Pacific Northwest. More
importantly, the bars can and very often do become extremely hazardous
for all types of maritime traffic. In fact, a review of recreational,
passenger, and commercial fishing vessel casualty data shows that since
1992 there have been 39 vessel capsizings on or in the vicinity of the
bars, resulting in 66 fatalities. Some notable recent vessel casualties
include the capsizing of the inspected charter vessel TAKI-TOOO while
trying to cross the Tillamook Bay bar, resulting in the deaths of 11
people, and the capsizing of the uninspected passenger vessel SYDNEY
MAE II while attempting to cross the Umpqua River bar, resulting in the
deaths of 3 people. In addition, several commercial fishing vessels,
including the CATHERINE M, the ASH, the STARRIGAVAN and the NETWORK
have recently capsized on or in the vicinity of various bars, resulting
in the deaths of 10 people.
As evidenced in part by the tragedies noted above, the current
regulations governing maritime traffic operating on and in the vicinity
of the bars along the coasts of Oregon and Washington are insufficient
to ensure the safety of the persons and vessels operating in those
areas. Additionally, multiple Coast Guard and National Transportation
Safety Board (NTSB) casualty investigations have indicated a need for
additional regulations to mitigate the risks associated with the bars
and enhance the safety of the persons and vessels operating on and in
the vicinity of them. As such, the Thirteenth Coast Guard District is
proposing this rule to help ensure the safety of persons and vessels
operating on or in the vicinity of the bars.
Discussion of Proposed Rule
The purpose of this rule is to help ensure the safety of, and
reduce the risk to, the persons and vessels that operate on and in the
vicinity of the bars along the coasts of Oregon and Washington. The
rule will do so by establishing clear procedures for restricting and/or
closing the bars and mandating additional safety requirements for
recreational and small commercial vessels operating on or in the
vicinity of the bars when certain conditions exist. The former will
help expedite bar restrictions and closures as well as the mariner
notification process which will keep more vessels away from hazardous
bars. The latter will require the use and/or making ready of safety
equipment as well as additional reporting requirements when certain
conditions exist which will help ensure the safety of persons on
vessels that are on or in the vicinity of hazardous bars.
The proposed rule will replace the Regulated Boating Area
provisions in 33 CFR Part 177. The geographic boundaries used to
identify the bar areas in the proposed rule are the same as those
currently used to identify the Regulated Boating Areas in 33 CFR Part
177, except for one minor change being made to the Umpqua River bar
boundaries.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. The Coast Guard expects
the economic impact of this proposed rule to be negligible in part
because: (1) The rule does not require the purchase of equipment not
already required to be on board the vessels affected. (2) The rule
changes only the procedures for restricting and/or closing the bars,
not the standards for determining when a restriction and/or closure
will take place. (3) The restriction and/or closure of the bars is
temporary and will only occur when necessary due to severe weather. (4)
The maritime public will be advised of bar restrictions and/or closures
via Broadcast Notice to Mariners and other methods of communication.
(5) Vessels may be allowed to enter the RNAs when a bar restriction
and/or closure is in place on a case-by-case basis with permission of
the Captain of the Port (COTP), or his designated representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed rule would affect the following
entities, some of which may be small entities: The owners and operators
of recreational vessels, uninspected passenger vessels, inspected small
passenger vessels, and commercial fishing vessels. The rule would not
have a significant economic impact on a substantial number of small
entities; however, for the following reasons: (1) The rule does not
require the purchase of equipment not already required to be on board
the vessels affected. (2) The rule changes only the procedures for
restricting and/or closing the bars, not the standards for determining
when a restriction and/or closure will take place. (3) The restriction
and/or closure of the bars is temporary and will only occur when
necessary due to severe weather. (4) The maritime public will be
advised of bar
[[Page 7024]]
restrictions and/or closures via Broadcast Notice to Mariners and other
methods of communication. (5) Vessels may be allowed to enter the RNAs
when a bar restriction and/or closure is in place on a case-by-case
basis with permission of the COTP, or his designated representative.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 LCDR Emily Saddler, Thirteenth
Coast Guard District, Prevention Division, Inspections and
Investigations Branch, telephone 206-220-7210. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 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.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. Therefore, this rule is categorically
excluded, under section 2.B.2. Figure 2-1, paragraph 34(g), of the
Instruction and neither an environmental assessment nor an
environmental impact statement is required. This rule involves
establishing, disestablishing, or changing Regulated Navigation Areas
and security or safety zones. A preliminary ``Environmental Analysis
Checklist'' supporting this determination is available in the docket
where indicated under the ``Public Participation and Request for
Comments'' section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
33 CFR Part 177
Marine safety.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 and 33 CFR part 177 as follows:
[[Page 7025]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
2. Add Sec. 165.1322 to read as follows:
Sec. 165.1322 Regulated Navigation Areas; Bars along the Coasts of
Oregon and Washington
(a) Regulated navigation areas. Each of the following areas is a
regulated navigation area:
(1) Quillayute River Entrance, Wash.: From the west end of James
Island 47[deg]54'23'' N., 124[deg]39'05'' W. southward to buoy No. 2 at
47[deg]53'42'' N., 124[deg]38'42'' W. eastward to the shoreline at
47[deg]53'42'' N., 124[deg]37'51'' W., thence northward along the
shoreline to 47[deg]54'29'' N., 124[deg]38'20'' W. thence northward to
47[deg]54'36'' N., 124[deg]38'22'' W. thence westward to the beginning.
(2) Grays Harbor Entrance, Wash.: From a point on the shoreline at
46[deg]59'00'' N., 124[deg]10'10'' W. westward to 46[deg]59'00'' N.,
124[deg]15'30'' W. thence southward to 46[deg]51'00'' N.,
124[deg]15'30'' W. thence eastward to a point on the shoreline at
46[deg]51'00'' N., 124[deg]06'40'' W. thence northward along the
shoreline to a point at the south jetty 46[deg]54'20'' N.,
124[deg]08'07'' W. thence eastward to 46[deg]54'10'' N.,
124[deg]05'00'' W. thence northward to 46[deg]55'00'' N.,
124[deg]03'30'' W. thence northwestward to Damon Point at
46[deg]56'50'' N., 124[deg]06'30'' W. thence westward along the north
shoreline of the harbor to the north jetty at 46[deg]55'40'' N.,
124[deg]10'27'' W. thence northward along the shoreline to the
beginning.
(3) Willapa Bay, Wash.: From a point on the shoreline at
46[deg]46'00'' N., 124[deg]05'40'' W. westward to 46[deg]44'00'' N.,
124[deg]10'45'' W. thence eastward to a point on the shoreline at
46[deg]35'00'' N., 124[deg]03'45'' W. thence northward along the
shoreline around the north end of Leadbetter Point thence southward
along the east shoreline of Leadbetter Point to 46[deg]36'00'' N.,
124[deg]02'15'' W. thence eastward to 46[deg]36'00'' N.,
124[deg]00'00'' W. thence northward to Toke Point at 46[deg]42'15'' N.,
123[deg]58'00'' W. thence westward along the north shoreline of the
harbor and northward along the seaward shoreline to the beginning.
(4) Columbia River Bar, Wash.-Oreg.: From a point on the shoreline
at 46[deg]18'00'' N., 124[deg]04'39'' W. thence westward to
46[deg]18'00'' N., 124[deg]09'30'' W. thence southward to
46[deg]12'00'' N., 124[deg]09'30'' W. thence eastward to a point on the
shoreline at 46[deg]12'00'' N., 123[deg]59'33'' W. thence eastward to
Tansy Point Range Front Light at 46[deg]11'16'' N., 123[deg]55'05'' W.;
thence northward to Chinook Point at 46[deg]15'08'' N., 123[deg]55'25''
W. thence northwestward to the north end of Sand Island at
46[deg]17'29'' N., 124[deg]01'25'' W. thence southwestward to a point
on the north shoreline of the harbor at 46[deg]16'25'' N.,
124[deg]02'28'' W. thence northwestward and southwestward along the
north shoreline of the harbor and northward along the seaward shoreline
to the beginning.
(5) Nehalem River Bar, Oreg.: From a point on the shoreline
45[deg]41'25'' N., 123[deg]56'16'' W. thence westward 45[deg]41'25''
N., 123[deg]59'00'' W. thence southward to 45[deg]37'25'' N.,
123[deg]59'00'' W. thence eastward to a point on the shoreline at
45[deg]37'25'' N., 123[deg]56'38'' W. thence northward along the
shoreline to the north end of the south jetty at 45[deg]39'40'' N.,
123[deg]55'45'' W. thence westward to a point on the shoreline at
45[deg]39'45'' N., 123[deg]56'19'' W. thence northward along the
shoreline to the beginning.
(6) Tillamook Bay Bar, Oreg.: From a point on the shoreline at
45[deg]35'15'' N., 123[deg]57'05'' W. thence westward 45[deg]35'15''
N., 124[deg]00'00'' W. thence southward to 45[deg]30'00'' N.,
124[deg]00'00'' W. thence eastward to a point on the shoreline at
45[deg]30'00'' N., 123[deg]57'40'' W. thence northward along the
shoreline to the north end of Kincheloe Point at 45[deg]33'30'' N.,
123[deg]56'05'' W. thence northward to a point on the north shoreline
of the harbor at 45[deg]33'40'' N., 123[deg]55'59'' W. thence westward
along the north shoreline of the harbor then northward along the
seaward shoreline to the beginning.
(7) Netarts Bay Bar, Oreg.: From a point on the shoreline at
45[deg]28'05'' N. thence westward to 45[deg]28'05'' N., 124[deg]00'00''
W. thence southward to 45[deg]24'00'' N., 124[deg]00'00'' W. thence
eastward to a point on the shoreline at 45[deg]24'00'' N.,
123[deg]57'45'' W. thence northward along the shoreline to
45[deg]26'03'' N., 123[deg]57'15'' W. thence eastward to a point on the
north shoreline of the harbor at 45[deg]26'00'' N., 123[deg]56'57'' W.
thence northward along the shoreline to the beginning.
(8) Siletz Bay Bar, Oreg.: From a point on the shoreline at
44[deg]56'32'' N., 124[deg]01'29'' W. thence westward to 44[deg]56'32''
N., 124[deg]03'00'' W. thence southward to 44[deg]54'40'' N.,
124[deg]03'15'' W. thence eastward to a point on the shoreline at
44[deg]54'40'' N., 124[deg]01'55'' W. thence northward along the
shoreline to 44[deg]55'35'' N., 124[deg]01'25'' W. thence northward to
a point on the north shoreline of the harbor at 44[deg]55'45'' N.,
124[deg]01'20'' W. thence westward and northward along the shoreline to
the beginning.
(9) Depoe Bay Bar, Oreg.: From a point on the shoreline at
44[deg]49'15'' N., 124[deg]04'00'' W. thence westward to 44[deg]49'15''
N., 124[deg]04'35'' W. thence southward to 44[deg]47'55'' N.,
124[deg]04'55'' W. thence eastward to a point on the shoreline at
44[deg]47'53'' N., 124[deg]04'25'' W. thence northward along the
shoreline and eastward along the south bank of the entrance channel to
the highway bridge thence northward to the north bank at the bridge
thence westward along the north bank of the entrance channel and
northward along the seaward shoreline to the beginning.
(10) Yaquina Bay Bar, Oreg.: From a point on the shoreline at
44[deg]38'11'' N., 124[deg]03'47'' W. thence westward to 44[deg]38'11''
N., 124[deg]05'55'' W. thence southward to 44[deg]35'15'' N.,
124[deg]06'05'' W. thence eastward to a point on the shoreline at
44[deg]35'15'' N., 124[deg]04'02'' W. thence northward along the
shoreline and eastward along the south bank of the entrance channel to
the highway bridge thence northward to the north bank of the entrance
channel at the bridge thence westward along the north bank of the
entrance channel and northward along the seaway shoreline to the
beginning.
(11) Siuslaw River Bar, Oreg.: From a point on the shoreline at
44[deg]02'00'' N., 124[deg]08'00'' W. thence westward to 44[deg]02'00''
N., 124[deg]09'30'' W. thence southward to 44[deg]00'00'' N.,
124[deg]09'30'' W. thence eastward to a point on the shoreline at
44[deg]00'00'' N., 124[deg]08'12'' W. thence northward along the
shoreline and southward along the west bank of the entrance channel to
44[deg]00'35'' N., 124[deg]07'48'' W. thence southeastward to a point
on the east bank of the entrance channel at 44[deg]00'20'' N.,
124[deg]07'31'' W. thence northward along the east bank of the entrance
channel and northward along the seaward shoreline to the beginning.
(12) Umpqua River Bar, Oreg.: From a point on the shoreline at
43[deg]41'20'' N., 124[deg]11'58'' W. thence westward to 43[deg]41'20''
N., 124[deg]13'32'' W. thence southward to 43[deg]38'35'' N.,
124[deg]14'25'' W. thence eastward to a point on the shoreline at
43[deg]38'35'' N., 124[deg]12'35'' W. thence northward along the
shoreline to light ``8'' at 43[deg]40'57'' N., 124[deg]11'13'' W.
thence southwestward to a point on the west bank of the entrance
channel at 43[deg]40'52'' N., 124[deg]11'34'' W. thence southwestward
along the west bank of the entrance channel thence northward along the
seaward shoreline to the beginning.
[[Page 7026]]
(13) Coos Bay Bar, Oreg.: From a point on the shoreline at
43[deg]22'15'' N., 124[deg]19'34'' W. thence westward to 43[deg]22'20''
N., 124[deg]22'28'' W. thence southwestward to 43[deg]21'00'' N.,
124[deg]23'35'' W. thence southeastward to a point on the shoreline at
43[deg]20'25'' N., 124[deg]22'28'' W. thence northward along the
shoreline and eastward along the south shore of the entrance channel to
a point on the shoreline at 43[deg]20'52'' N., 124[deg]19'12'' W.
thence eastward to a point on the east shoreline of the harbor at
43[deg]21'00'' N., 124[deg]18'50'' W. thence northward to a point on
the west shoreline of the harbor at 43[deg]21'45'' N., 124[deg]19'10''
W. thence south and west along the west shoreline of the harbor thence
northward along the seaward shoreline to the beginning.
(14) Coquille River Bar, Oreg.: From a point on the shoreline at
43[deg]08'25'' N., 124[deg]25'04'' W. thence southwestward to
43[deg]07'50'' N., 124[deg]27'05'' W. thence southwestward to
43[deg]07'03'' N., 124[deg]28'25'' W. thence eastward to a point on the
shoreline at 43[deg]06'00'' N., 124[deg]25'55'' W. thence northward
along the shoreline and eastward along the south shoreline of the
channel entrance to 43[deg]07'17'' N., 124[deg]25'00'' W. thence
northward to the east end of the north jetty at 43[deg]07'24'' N.,
124[deg]24'59'' W. thence westward along the north shoreline of the
entrance channel and northward along the seaward shoreline to the
beginning.
(15) Rogue River Bar, Oreg.: From a point on the shoreline at
42[deg]26'25'' N., 124[deg]26'03'' W. thence westward to 42[deg]26'10''
N., 124[deg]27'05'' W. thence southward to 42[deg]24'15'' N.,
124[deg]27'05'' W. thence eastward to a point on the shoreline at
42[deg]24'15'' N., 124[deg]25'30'' W. thence northward along the
shoreline and eastward along the south shoreline of the entrance
channel to the highway bridge thence northward across the inner harbor
jetty to a point on the north shoreline of the entrance channel at the
highway bridge thence westward along the north shoreline of the
entrance channel thence northward along the seaward shoreline to the
beginning.
(16) Chetco River Bar, Oreg.: From a point on the shoreline at
42[deg]02'35'' N., 124[deg]17'20'' W. thence southeastward to
42[deg]01'45'' N., 124[deg]16'30'' W. thence northwestward to a point
on the shoreline at 42[deg]02'10'' N., 124[deg]15'35'' W. thence
northwestward along the shoreline thence northward along the east
shoreline of the channel entrance to 42[deg]02'47'' N., 124[deg]16'03''
W. thence northward along the west face of the inner jetty and east
shoreline of the channel entrance to the highway bridge thence westward
to the west shoreline of the channel at the highway bridge thence
southward along the west shoreline of the channel thence westward along
the seaward shoreline to the beginning.
(b) Definitions. For the purposes of this section:
(1) Bar crossing plan (also known as a Go/No-Go plan) means a plan
developed by local industry professionals, in coordination with the
Coast Guard, for a bar within a regulated navigation area established
in paragraph (a) of this section and adopted by the master or operator
of a small passenger vessel to guide his vessel's operations on and in
the vicinity of that bar.
(2) Bar restriction means passage across a bar within a regulated
navigation area established in paragraph (a) of this section has been
prohibited by the Coast Guard due to unsafe conditions.
(3) Commercial fishing industry vessel means a fishing vessel, fish
tender vessel, or a fish processing vessel.
(4) Designated representative means any Coast Guard commissioned,
warrant, or petty officer that has been authorized by the Captain of
the Port to act on his behalf.
(5) 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.
(6) 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.
(7) 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.
(8) Immediately available means equipment that is taken out of
stowage and readily accessible within the same space as any person for
immediate use during an emergency.
(9) Recreational vessel is any vessel manufactured or used
primarily for non-commercial use or leased, rented, or chartered to
another for the latter's non-commercial use. It does not include a
vessel engaged in carrying paying passengers.
(10) Small passenger vessel means a vessel inspected under 46 CFR
Subchapter T or 46 CFR Subchapter K.
(11) Uninspected passenger vessel means an uninspected vessel--
(i) Of at least 100 gross tons;
(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.
(12) Unsafe condition exists when the wave height within a
regulated navigation area 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 restriction. Passage across the bars located in the
regulated navigation areas established in paragraph (a) of this section
will be restricted for recreational and uninspected passenger vessels
as determined by the Captain of the Port (COTP) or his designated
representative. In making this determination, the COTP or his
designated representative will determine whether an unsafe condition
exists for such vessels as defined in paragraph (b) of this section.
Additionally, the COTP or his designated representative will use 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. When a bar is
restricted, the operation of recreational and uninspected passenger
vessels in the regulated navigation area established in paragraph (a)
of this section in which the restricted bar is located is prohibited
unless specifically authorized by the COTP or his designated
representative.
(ii) Bar closure. The bars located in the regulated navigation
areas established in paragraph (a) of this
[[Page 7027]]
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 regulated navigation area
established in paragraph (a) of this section in which the closed bar is
located is prohibited unless specifically authorized by the COTP or his
designated representative.
(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 and/or closures.
(2) Safety Requirements for Recreational Vessels. The operator of
any recreational vessel operating in a regulated navigation area
established in paragraph (a) of this section shall ensure that whenever
their vessel is being towed or escorted across a bar by the Coast Guard
all persons located in any unenclosed areas of their vessel are wearing
lifejackets and that lifejackets are immediately available for/to all
persons located in any enclosed areas of their vessel.
(3) Safety Requirements for Uninspected Passenger Vessels (UPV).
(i) The master or operator of any uninspected passenger vessel
operating in a regulated navigation area 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
immediately available for/to all persons located in any enclosed areas
of their vessel:
(A) When crossing the bar and a bar restriction exists for
recreational vessels of the same length or
(B) Whenever their vessel is being towed or escorted across the bar
by the Coast Guard.
(ii) The master or operator of any uninspected passenger vessel
operating in a regulated navigation area 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 between sunset and sunrise. 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 a regulated navigation area 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
immediately available for/to all persons located in any enclosed areas
of their vessel:
(A) When crossing the bar and a bar restriction exists for
recreational vessels or uninspected passenger vessels of the same
length or
(B) Whenever their vessel is being towed or escorted across the bar
by the Coast Guard.
(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 provided 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 must wear lifejackets, however, then the master or
operator must comply with the safety requirements provided in paragraph
(c)(4)(i) of this section in their entirety.
(iii) The master or operator of any small passenger vessel
operating in a regulated navigation area 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 between sunset and sunrise. 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.
(5) Safety Requirements for Commercial Fishing Vessels (CFV). (i)
The master or operator of any commercial fishing vessel operating in a
regulated navigation area established in paragraph (a) of this section
shall ensure that all persons located in any unenclosed areas of their
vessel are wearing lifejackets or immersion suits and that lifejackets
or immersion suits are immediately available for/to all persons located
in any enclosed spaces of their vessel:
(A) When crossing the bar and a bar restriction exists for
recreational vessels or uninspected passenger vessels of the same
length or
(B) Whenever their vessel is being towed or escorted across the bar
by the Coast Guard.
(ii) The master or operator of any commercial fishing vessel
operating in a regulated navigation area established 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 between sunset and sunrise. 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.
(6) All persons and vessels within the regulated navigation areas
established in paragraph (a) of this section must comply with the
orders of Coast Guard personnel. Coast Guard personnel include
commissioned, warrant, and petty officers of the United States Coast
Guard.
PART 177--CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS
3. The authority citation for part 177 continues to read as
follows:
Authority: 46 U.S.C. 4302, 4311; Pub. L. 103-206, 107 Stat.
2439; 49 CFR 1.45 and 1.46.
4. In Sec. 177.07, remove paragraph (f) and redesignate paragraph
(g) as paragraph (f).
5. Remove Sec. 177.08 and redesignate Sec. 177.09 as Sec.
177.08.
Dated: January 15, 2009.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. E9-2592 Filed 2-11-09; 8:45 am]
BILLING CODE 4910-15-P