
[Federal Register: February 12, 2009 (Volume 74, Number 28)]
[Proposed Rules]               
[Page 7022-7027]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe09-21]                         

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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
