Regulated Navigation Areas; Harbor Entrances Along the Coast of Northern California
| Published date | 17 July 2020 |
| Citation | 85 FR 43437 |
| Record Number | 2020-14791 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 85 Issue 138 (Friday, July 17, 2020)
[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43437-43442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14791]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing Regulated Navigation Areas
(RNAs) at the harbor bar entrances to Crescent City Harbor, Humboldt
Bay, Noyo River, and Morro Bay. This regulation creates additional
safety requirements for recreational and small commercial vessels
operating in these areas during periods of hazardous conditions, such
as high wind or
[[Page 43438]]
breaking surf, and establishes clear procedures for restricting and
closing these harbor bar entrances in the event of unsafe conditions.
This regulation is necessary to enhance mariner and vessel safety when
bar conditions exceed certain parameters, typically when breaking seas
are projected to be 20-foot or greater. This rulemaking prohibits
vessels from entering these areas during unsafe conditions unless
authorized by the local Captain of the Port or a designated
representative.
DATES: This rule is effective August 17, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0785 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Marcia Medina, Coast Guard District 11
Waterways Office; telephone 510-437-2978, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LA-LB Los Angeles-Long Beach
OCMI Officer in Charge of Marine Inspection
OMB Office of Management and Budget
MLB Motor Lifeboat
NAD North American Datum
NOAA National Oceanic and Atmospheric Administration
NTSB National Transportation Safety Board
NPRM Notice of Proposed Rulemaking
PWSA Ports and Waterways Safety Act
RNA Regulated Navigation Area
U.S.C. United States Code
USCG United States Coast Guard
Sec. Section
II. Background Information and Regulatory History
Severe currents, wave and sea conditions along bars on the northern
California coast have contributed to numerous marine casualties. The
current mariner rules of the road 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 during unsafe
conditions. The COTP (Captain of the Port) San Francisco and COTP Los
Angeles-Long Beach (LA-LB) have issued various navigation safety
advisories and created numerous temporary 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.\1\ 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. Continued reliance on temporary emergency safety zones to
accomplish the required risk mitigation, however, does not provide
consistency or predictability of Coast Guard actions to mariners. A
COTP can issue COTP Orders under the Ports and Waterways Safety Act
(PWSA) to direct 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, the issuance of a rule is
more appropriate. The issuance of a permanent regulation to create
additional safety requirements for recreational and small commercial
vessels operating in these areas during periods of hazardous
conditions, is inline with various Coast Guard and National
Transportation Safety Board (NTSB) casualty investigations that have
identified a need for specific Coast Guard regulations to mitigate
risks and enhance the safety of mariners and vessels operating in the
vicinity of bars along the northern California coast.\2\
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\1\ See, e.g., 84 FR 52763, Oct. 3, 2019; and 85 FR 2643, Jan.
16, 2020.
\2\ See NTSB Safety Recommendation M-05-009, available at:
https://www.ntsb.gov/investigations/AccidentReports/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=M-05-009.
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The Coast Guard solicited public input on the potential
establishment of RNAs at these locations through the Federal Register
prior to publication of the Notice of Proposed Rule Making (NPRM) for
this rule (83 FR 5592, Feb. 8, 2018). In addition to the Federal
Register notices, Coast Guard COTP LA-LB and COTP San Francisco engaged
in an extensive public outreach plan which included a press release
issued on November 12, 2019, to engage all stakeholders in the local
communities.\3\ In addition, the Coast Guard published an article in
the Local Notice to Mariners for four weeks, from November 14, 2019 to
December 11, 2019. On November 7, 2019, the Coast Guard published the
NPRM ``Regulated Navigation Areas; Harbor Entrances Along the Coast of
Northern California (84 FR 60025).'' There, we stated why we issued the
NPRM and invited comments on our proposed regulatory action related to
this rule. During the comment period that ended December 9, 2019, we
received five comment submissions. In addition, we received one
document submission after the comment period ended, but we still
accepted and considered the comment.
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\3\ https://content.govdelivery.com/accounts/USDHSCG/bulletins/26ba479.
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III. Legal Authority and Need for Rule
The Eleventh District Commander has determined that there is a need
to create additional safety requirements for recreational and small
commercial vessels operating at the Crescent City Harbor, Humboldt Bay,
Noyo River, and Morro Bay Harbor bar entrances 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. This rule streamlines
safety regulations and provides predictability for local mariners
regarding the conditions for the Coast Guard to regulate navigation in
the vicinity of these bar entrances based on weather, sea, tide, and
river conditions. This rule enhances mariner and vessel safety when bar
conditions exceed certain parameters, typically when breaking seas are
projected to be 20-foot or greater. This rulemaking prohibits vessels
from entering these areas during unsafe conditions unless authorized by
the local COTP or a designated representative.
The Coast Guard is creating this rulemaking under the 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). Authority to activate the RNA at Morro Bay Harbor is
delegated from the District Commander to COTP LA-LB. The authority to
activate the RNA at Crescent City Harbor, Humboldt Bay, and Noyo River
is delegated to COTP San Francisco. The Designated Representative for
enforcement of this RNA at Crescent City Harbor, Humboldt Bay, and Noyo
River will be designated by COTP San Francisco to Commander, Sector
Humboldt Bay.
IV. Discussion of Comments, Changes, and the Rule
During the comment period, which ended December 9, 2019, we
received
[[Page 43439]]
five submissions from the public. We received one additional submission
after the comment period ended. The Coast Guard accepted and considered
all six submissions from the public in drafting this final rule. A
total of 7 issues were raised by the commenters.
1. Description of the Regulated Navigation Areas (RNAs). One
commenter stated that the Coast Guard provided a vague depiction of the
RNAs. An amendment to the rule was made based on this comment to
simplify the National Oceanic and Atomospheric Administration (NOAA)
charting requirements. Each bar crossing will now be described with
latitude/longitude geographic coordinates in order to be plotted onto
NOAA charts. Horizontal Datum on all these coordinates is North
American Datum (NAD) 83.
2. Definition of the term navigable waters. One commenter was
concerned that the term ``navigable waters'' was not defined in the
regulation. The Coast Guard did not make changes to the rule because
the term ``navigable waters'' is defined in 33 CFR 2.36.
3. Economic effects of the rule on small entities and local
economies. Two commenters raised concerns about possible economic
effects of the rule on small entities and local economies.
Specifically, the commenters expressed that the rule would put undue
burden on small commercial fishing operations and Uninspected Passenger
Vessels engaged in recreational fishing and/or interfere with
commercial fishing activities based on these comments. There should not
be any adverse economic effects on small entities and local economies,
since the bar restrictions and closures are already a part of the
regions' economic baseline activity. The rule is a codification of
existing standard practices. Utilizing current weather patterns, the
Coast Guard has determined that the rule will not increase the number
of bar restrictions or closures from past years. After careful
consideration, the Coast Guard determined that changes to the rule
based on this comment were not necessary.
4. Enforcement personnel. One commenter questioned whether RNAs
were enforced only by crews on Motor Lifeboats (MLBs). The Coast Guard
has and will continue to use all available resources to enforce this
RNA and is not limited to MLBs. No changes to the rule were made based
on this question.
5. Person responsible for making the determination if conditions
are unsafe. Two commenters stated their belief that mariners should be
the ones making the determination if conditions are unsafe. Although
the recreational and commercial mariner might be an expert mariner, the
decision to transit a potentially hazardous bar should not be left
solely to their discretion. There may be unknown outside factors along
with subtle influences to contend with at the time when making a
crossing attempt. Coast Guard personnel have the knowledge of local
conditions in evaluating whether the go/no-go policies developed and
implemented by vessel owners and operators are appropriate to attain a
sufficient level of operational safety. No changes to the rule were
made based on these comments.
6. Carriage of additional safety equipment. One commenter was
concerned about carrying additional safety equipment onboard vessels
such as an immersion suit instead of a life jacket and adding jack
lines, harnesses, and safety tethers. A prudent mariner should be
familiar with, and carry onboard, the safety equipment required by
federal and state laws. No changes to the rule were made based on the
comment.
7. Notice to the public concerning this rulemaking. One commenter
stated their belief that there was a lack of communication from the
Coast Guard to the public concerning this rulemaking action. The Coast
Guard disagrees. The agency robustly attempted to engage the public
prior to issuance of this final rule. As discussed above in section II
of this document, the Coast Guard solicited comments in the Federal
Register prior to issuance of the NPRM and engaged in an extensive
public outreach plan at the local level. In accordance with the
Administrative Procedure Act, the Coast Guard published an NPRM
soliciting public comment on November 7, 2019. To further advertise
that the NPRM was out and available for comment the Coast Guard issued
a press release on November 12, 2019, requesting comments for the rule.
In addition to the November 12th press release, the Coast Guard
published an article in the Local Notice to Mariners for four weeks,
from November 14, 2019, to December 11, 2019. In addition, Sector LA-LB
advertised the need for comments at their local Harbor Safety
Committee/Subcommittee meetings, with local harbormasters, and at local
marinas.
All comments received were considered in drafting this final rule.
No comments other than those already mentioned, however, resulted in
any changes to the rule because, although important, they were either
outside the scope of the rule or appeared to be based on a
misunderstanding of the rule. The Coast Guard utilized the comments
received to draft the 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 final
rule, while acknowledging the limits of Coast Guard rescue assets and
the need for additional safety measures.
The Coast Guard encourages mariners having further questions about
the rule and how to comply with it to contact the Coast Guard point of
contact listed under FOR FURTHER INFORMATION CONTACT.
V. Regulatory Analyses
The Coast Guard developed this 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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 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 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, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider
[[Page 43440]]
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 received zero
comments from the Small Business Administration on this rulemaking. The
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
This rule 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 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 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, 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 determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
RNAs that would prohibit the transit of maritime traffic in times of
unsafe conditions. These actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. For instructions on locating the
docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 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. 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 enclosed by
the following coordinates:
(i) 40[deg]45'17'' N, 124[deg]14'10'' W (Point A);
(ii) 40[deg]45'56'' N, 124[deg]15'06'' W (Point B);
(iii) 40[deg]46'25'' N, 124[deg]14'30'' W (Point C);
(iv) 40[deg]46'04'' N, 124[deg]13'46'' W (Point D); and
(v) Thence back to Point A, in Eureka, CA (NAD 83).
(2) Noyo River Entrance Channel: The navigable waters of the Noyo
River
[[Page 43441]]
Entrance Channel enclosed by the following coordinates:
(i) 39[deg]25'36'' N, 123[deg]48'34'' W (Point A);
(ii) 39[deg]25'37'' N, 123[deg]48'38'' W (Point B);
(iii) 39[deg]25'42'' N, 123[deg]48'39'' W (Point C);
(iv) 39[deg]25'42'' N, 123[deg]48'32'' W (Point D); and
(v) Thence back to Point A, in in Fort Bragg, CA (NAD 83).
(3) Crescent City Harbor Entrance Channel: The navigable waters of
the Crescent City Harbor Entrance Channel enclosed by the following
coordinates:
(i) 41[deg]44'11'' N, 124[deg]11'22'' W (Point A);
(ii) 41[deg]44'11'' N, 124[deg]11'42'' W (Point B);
(iii) 41[deg]44'25'' N, 124[deg]11'54'' W (Point C);
(iv) 41[deg]44'12'' N, 124[deg]10'22'' W (Point D); and
(v) Thence back to Point A, in Cresent City, CA (NAD 83).
(4) Estero-Morro Bay Harbor Entrance Channel: The navigable waters
of the Morro Bay Harbor Entrance Channel enclosed by the following
coordinates:
(i) 35[deg]21'21'' N, 120[deg]52'12'' W (Point A);
(ii) 35[deg]21'41'' N, 120[deg]52'37'' W (Point B);
(iii) 35[deg]21'55'' N, 120[deg]52'10'' W (Point C);
(iv) 35[deg]21'38'' N, 120[deg]51'51'' W (Point D); and
(v) Thence back to Point A, in Morro Bay, CA (NAD 83).
(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 officer, warrant officer, petty officer or civilian 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, 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 taken 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;
(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) Notification. 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
[[Page 43442]]
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:
(i) When crossing the bar and a bar restriction exists or
(ii) 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.
(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: June 30, 2020.
Peter W. Gautier,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard District Eleven.
[FR Doc. 2020-14791 Filed 7-16-20; 8:45 am]
BILLING CODE 9110-04-P
