
[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Rules and Regulations]               
[Page 59098-59104]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no09-11]                         

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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: Final rule.

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SUMMARY: The Coast Guard is establishing Regulated Navigation Areas 
(RNA) covering specific bars along the coasts of Oregon and Washington. 
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: This rule is effective December 17, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-1017 and are available online by going to 
http://www.regulations.gov, inserting USCG-2008-1017 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail LT Kion Evans, Thirteenth Coast Guard District, 
Prevention Division, Inspections and Investigations Branch; telephone 
(206)-220-7232, e-mail Kion.J.Evans@uscg.mil. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On February 12, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled ``Regulated Navigation Areas; Bars Along the Coasts of 
Oregon and Washington'' in the Federal Register (74 FR 7022). We 
received 168 comments on the proposed rule. Public meetings were 
requested and three were held at the following dates and locations: 
April 14, 2009 in Astoria, Oregon; April 15, 2009 in Newport, Oregon; 
and June 2, 2009 in Coos Bay, Oregon.

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 
establishing this rule to help ensure the safety of persons and vessels 
operating on or in the vicinity of the bars.

Discussion of Comments and Changes

    The Coast Guard received a total of 168 comments, with 122 comments 
coming from the 91 documents submitted to the public docket and 46 
comments coming from the public meetings. Nine comments requested 
additional time to comment and/or public meetings. In response to these 
comments the comment period was extended until June 30, 2009 and an 
additional public meeting was held in Coos Bay, Oregon.

Unsafe Condition Formula

    Twenty-five comments were received about the formula used to 
determine what constitutes an Unsafe Condition as defined in 33 CFR 
165.1325(b). The comments expressed concern that the formula is too 
conservative, prevents smaller recreational and fishing vessels from 
crossing the bar in even mild to moderate conditions, and doesn't 
address all the factors that should be

[[Page 59099]]

considered in determining whether an unsafe condition exists for a 
particular vessel such as wave period, swell period, vessel type, and 
direction of travel.
    No changes to the rule were made based on these comments because 
the formula is only one variable that will be considered by the Captain 
of the Port (COTP) or his designated representative in deciding whether 
or not to restrict a bar. As noted in 33 CFR 165.1325(c)(1)(i), they 
will also ``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.'' The 
formula has been used for some time in 33 CFR 177.07 to define the 
phrase ``other unsafe condition.'' In addition, the COTP or his 
designated representative may permit vessels to cross a restricted bar 
on a case-by-case basis.

Reopening Restricted/Closed Bars

    Twenty comments were received about how the Coast Guard will 
monitor and re-open restricted or closed bars. The comments expressed 
concern that the Coast Guard does not always re-open bars in a timely 
manner.
    No changes to the rule were made based on these comments because 
the Coast Guard has and will continue to use all available resources to 
safely and efficiently monitor and, when possible, re-open restricted 
or closed bars as quickly as possible.

Exigent Circumstances

    Several comments were received about when a vessel is trying to 
return to port to avoid bad weather and the bar is restricted or 
closed. In particular, the comments expressed a concern that vessels 
could be left in a more dangerous situation if they were not allowed to 
cross the bar.
    No changes to the rule were made based on these comments because 
the rule allows the COTP or his designated representative to permit 
vessels to cross a restricted or closed bar on a case-by-case basis. As 
such, if a vessel operator were to find himself/herself in such a 
position they could request permission to cross the bar.

Application of Bar Closures to Deep Draft Vessels

    Fourteen comments were received about the application of bar 
closures to deep draft vessels. Specifically, the comments requested 
that deep draft vessels be exempt from the rule because of their size, 
use of licensed pilots, design and construction, and onboard life 
saving equipment as well as the economic cost of delaying such vessels.
    A change to the rule was made based on these comments. In 33 CFR 
165.1325(c)(1)(ii), a provision was added so that the COTP will be 
required to consult with the local pilots association, when 
practicable, prior to closing any bar having deep draft vessel access. 
In addition, it is important to note that the rule also allows the COTP 
or his designated representative to permit vessels to cross a closed 
bar on a case-by-case basis.

Economic Effects

    Sixteen comments were received about the possible economic effects 
of the proposed rule on small entities and local economies. 
Specifically, the comments expressed concern that the rule would reduce 
recreational boating opportunities, force recreational boaters to 
purchase larger vessels, reduce tourism activity on passenger vessels, 
and/or interfere with commercial fishing activities.
    No changes to the rule were made based on these comments because 
the rule will not increase the number of bar restrictions or closures 
from past years. The rule is essentially a codification of how the 
decisions have been made in the past.

Checking-In on VHF Channel 16

    Six comments were received about the requirement to check in on VHF 
Channel 16 when crossing a restricted bar. The comments noted that 
depending on the season the number of vessels affected could 
potentially overload the frequency. In addition, one comment expressed 
concern about passing sensitive information about a vessel's 
destination.
    A change to the rule was made based on these comments. The rule now 
designates VHF Channel 22A as the designated ``check-in'' frequency. 
The rule was not changed to address the concern about passing sensitive 
information about a vessel's destination because the requirement to 
provide a vessel's destination can be met simply by saying the vessel 
is heading ``outbound,'' ``offshore,'' ``inbound,'' or by using any 
other similarly descriptive language.

Go/No-Go Plan Exemption

    Several comments were received that requested uninspected passenger 
vessels (6-pack) 30 feet and greater having a Coast Guard accepted and/
or reviewed Go/No-Go Plan be given the same exemption to the 
application of the rule as provided for inspected small passenger 
vessels.
    No changes to the rule were made based on these comments because 
the exemption was implemented for inspected vessels since such vessels 
are regularly inspected by the Coast Guard to ensure their safe 
operation. Uninspected vessels, on the other hand, are not subject to 
regular inspections so there are fewer assurances regarding their 
safety.

Use of the Term ``Restriction''

    One comment was received about the use of the term ``restriction.'' 
The commenter felt that it was misleading because it was not being used 
in accordance with its common meaning.
    Two changes to the rule were made based on this comment. The 
definition of ``bar restriction'' was clarified and a definition of 
``bar closure'' was added to ensure the terms are easily understandable 
as used in the rule.

Ceremonial/Subsistence Crossings

    One comment was received about the application of the rule to 
vessels transiting the bar for ceremonial or subsistence purposes.
    No changes to the rule were made based on this comment. The rule 
covers such vessels, however, the rule does allow the COTP or his 
designated representative to permit vessels to cross a restricted or 
closed bar on a case-by-case basis. As such, a vessel wishing to cross 
a restricted or closed bar regardless of its purpose may request 
permission to do so from the COTP or his designated representative.

Lifejackets

    Sixteen comments were received suggesting that lifejacket wear be 
required by all persons on board vessels crossing a bar. Three of the 
comments suggested that lifejackets be required to be worn both inside 
and outside the cabin of such vessels.
    No changes to the rule were made based on these comments because 
the provisions requiring that lifejackets be readily accessible to all 
persons in the enclosed areas of vessels provide sufficient opportunity 
for those persons to properly don a lifejacket if a need to do so 
arises. The term ``immediately available'' was changed to ``readily 
accessible'' in order to better align with other related Coast Guard 
regulations.

Bar Cameras

    One comment recommended the use of bar cameras and requested public 
access to the video feeds from those cameras.

[[Page 59100]]

    No changes to the rule were made based on this comment because it 
is outside the scope of the rule to address this recommendation. The 
Coast Guard may consider this recommendation in the future.

Federalism

    Two comments were received about federalism concerns based on a 
belief that the rule conflicts with state law and, in particular, the 
Oregon Board of Maritime Pilots responsibilities to ensure safe and 
efficient commercial vessel transportation.
    No changes to the rule were made based on these comments because 
the Coast Guard has the statutory authority to implement this rule as 
referenced in the authority citation for 33 CFR part 165.

Reference in 33 CFR 177.04

    One comment was received noting that the reference to 33 CFR 
177.07(g) contained in 33 CFR 177.04 needs to be changed to reference 
33 CFR 177.07(f). This suggestion has been forwarded to the responsible 
Coast Guard Headquarters unit. This rule makes no changes to 33 CFR 
Part 177 because such changes are beyond the authority of the 
Thirteenth Coast Guard District.

Other Comments

    A variety of other comments were received expressing concern that, 
among other things, (1) all vessel operators are being penalized for 
the actions of a few bad operators, (2) the rule is one size fits all, 
(3) the rule does not take into account dredge spoil mound wave 
amplifications, and (4) the rule does not address the option of 
``hanging close to shore'' for better sea conditions.
    All comments received were considered in drafting the 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 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.

Regulatory Analyses

    We developed this 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 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 COTP or his 
designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This 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 
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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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.

Collection of Information

    This rule calls 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 rule under 
that Order and have determined that it does not have implications for 
federalism. Two comments were received on this subject and were 
addressed in ``Discussion of Comments and Changes.''

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

[[Page 59101]]

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 rule will 
not result in such an expenditure, we do discuss the effects of this 
rule elsewhere in this preamble. No comments were received on this 
subject.

Taking of Private Property

    This rule will 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. No comments were received on this subject.

Civil Justice Reform

    This 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. No comments were received on 
this subject.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children. No comments were received on this 
subject.

Indian Tribal Governments

    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. No comments were 
received on this subject.

Energy Effects

    We have analyzed this 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. No comments were received on this subject.

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards. No comments were 
received on this subject.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves establishing, 
disestablishing, or changing Regulated Navigation Areas. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
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:  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.

0
2. Add Sec.  165.1325 to read as follows:


Sec.  165.1325  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[min]00[sec] N., 124[deg]10[min]10[sec] W. westward to 
46[deg]59[min]00[sec] N., 124[deg]15[min]30[sec] W. thence southward to 
46[deg]51[min]00[sec] N., 124[deg]15[min]30[sec] W. thence eastward to 
a point on the shoreline at 46[deg]51[min]00[sec] N., 
124[deg]06[min]40[sec] W. thence northward along the shoreline to a 
point at the south jetty 46[deg]54[min]20[sec] N., 
124[deg]08[min]07[sec] W. thence eastward to 46[deg]54[min]10[sec] N., 
124[deg]05[min]00[sec] W. thence northward to 46[deg]55[min]00[sec] N., 
124[deg]03[min]30[sec] W. thence northwestward to Damon Point at 
46[deg]56[min]50[sec] N., 124[deg]06[min]30[sec] W. thence westward 
along the north shoreline of the harbor to the north jetty at 
46[deg]55[min]40[sec] N., 124[deg]10[min]27[sec] W. thence northward 
along the shoreline to the beginning.
    (3) Willapa Bay, Wash.: From a point on the shoreline at 
46[deg]46[min]00[sec] N., 124[deg]05[min]40[sec] W. westward to 
46[deg]44[min]00[sec] N., 124[deg]10[min]45[sec] W. thence eastward to 
a point on the shoreline at 46[deg]35[min]00[sec] N., 
124[deg]03[min]45[sec] 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[min]00[sec] N., 
124[deg]02[min]15[sec] W. thence eastward to 46[deg]36[min]00[sec] N., 
124[deg]00[min]00[sec] W. thence northward to Toke point at 
46[deg]42[min]15[sec] N., 123[deg]58[min]00[sec] 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[min]00[sec] N., 124[deg]04[min]39[sec] W. thence westward 
to 46[deg]18[min]00[sec] N., 124[deg]09[min]30[sec] W. thence southward 
to 46[deg]12[min]00[sec] N., 124[deg]09[min]30[sec] W. thence eastward 
to a point on the shoreline at 46[deg]12[min]00[sec] N., 
123[deg]59[min]33[sec] W. thence eastward to Tansy Point Range Front 
Light at 46[deg]11[min]16[sec] N., 123[deg]55[min]05[sec] W.; thence 
northward to Chinook Point at 46[deg]15[min]08[sec] N., 
123[deg]55[min]25[sec] W. thence northwestward to the north end of Sand 
Island at

[[Page 59102]]

46[deg]17[min]29[sec] N., 124[deg]01[min]25[sec] W. thence 
southwestward to a point on the north shoreline of the harbor at 
46[deg]16[min]25[sec] N., 124[deg]02[min]28[sec] 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[min]25[sec] N., 123[deg]56[min]16[sec] W. thence westward 
45[deg]41[min]25[sec] N., 123[deg]59[min]00[sec] W. thence southward to 
45[deg]37[min]25[sec] N., 123[deg]59[min]00[sec] W. thence eastward to 
a point on the shoreline at 45[deg]37[min]25[sec] N., 
123[deg]56[min]38[sec] W. thence northward along the shoreline to the 
north end of the south jetty at 45[deg]39[min]40[sec] N., 
123[deg]55[min]45[sec] W. thence westward to a point on the shoreline 
at 45[deg]39[min]45[sec] N., 123[deg]56[min]19[sec] W. thence northward 
along the shoreline to the beginning.
    (6) Tillamook Bay Bar, Oreg.: From a point on the shoreline at 
45[deg]35[min]15[sec] N., 123[deg]57[min]05[sec] W. thence westward 
45[deg]35[min]15[sec] N., 124[deg]00[min]00[sec] W. thence southward to 
45[deg]30[min]00[sec] N., 124[deg]00[min]00[sec] W. thence eastward to 
a point on the shoreline at 45[deg]30[min]00[sec] N., 
123[deg]57[min]40[sec] W. thence northward along the shoreline to the 
north end of Kincheloe Point at 45[deg]33[min]30[sec] N., 
123[deg]56[min]05[sec] W. thence northward to a point on the north 
shoreline of the harbor at 45[deg]33[min]40[sec] N., 
123[deg]55[min]59[sec] 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[min]05[sec] N. thence westward to 45[deg]28[min]05[sec] N., 
124[deg]00[min]00[sec] W. thence southward to 45[deg]24[min]00[sec] N., 
124[deg]00[min]00[sec] W. thence eastward to a point on the shoreline 
at 45[deg]24[min]00[sec] N., 123[deg]57[min]45[sec] W. thence northward 
along the shoreline to 45[deg]26[min]03[sec] N., 123[deg]57[min]15[sec] 
W. thence eastward to a point on the north shoreline of the harbor at 
45[deg]26[min]00[sec] N., 123[deg]56[min]57[sec] W. thence northward 
along the shoreline to the beginning.
    (8) Siletz Bay Bar, Oreg.: From a point on the shoreline at 
44[deg]56[min]32[sec] N., 124[deg]01[min]29[sec] W. thence westward to 
44[deg]56[min]32[sec] N., 124[deg]03[min]00[sec] W. thence southward to 
44[deg]54[min]40[sec] N., 124[deg]03[min]15[sec] W. thence eastward to 
a point on the shoreline at 44[deg]54[min]40[sec] N., 
124[deg]01[min]55[sec] W. thence northward along the shoreline to 
44[deg]55[min]35[sec] N., 124[deg]01[min]25[sec] W. thence northward to 
a point on the north shoreline of the harbor at 44[deg]55[min]45[sec] 
N., 124[deg]01[min]20[sec] 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[min]15[sec] N., 124[deg]04[min]00[sec] W. thence westward to 
44[deg]49[min]15[sec] N., 124[deg]04[min]35[sec] W. thence southward to 
44[deg]47[min]55[sec] N., 124[deg]04[min]55[sec] W. thence eastward to 
a point on the shoreline at 44[deg]47[min]53[sec] N., 
124[deg]04[min]25[sec] 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[min]11[sec] N., 124[deg]03[min]47[sec] W. thence westward to 
44[deg]38[min]11[sec] N., 124[deg]05[min]55[sec] W. thence southward to 
44[deg]35[min]15[sec] N., 124[deg]06[min]05[sec] W. thence eastward to 
a point on the shoreline at 44[deg]35[min]15[sec] N., 
124[deg]04[min]02[sec] 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[min]00[sec] N., 124[deg]08[min]00[sec] W. thence westward to 
44[deg]02[min]00[sec] N., 124[deg]09[min]30[sec] W. thence southward to 
44[deg]00[min]00[sec] N., 124[deg]09[min]30[sec] W. thence eastward to 
a point on the shoreline at 44[deg]00[min]00[sec] N., 
124[deg]08[min]12[sec] W. thence northward along the shoreline and 
southward along the west bank of the entrance channel to 
44[deg]00[min]35[sec] N., 124[deg]07[min]48[sec] W. thence 
southeastward to a point on the east bank of the entrance channel at 
44[deg]00[min]20[sec] N., 124[deg]07[min]31[sec] 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[min]20[sec] N., 124[deg]11[min]58[sec] W. thence westward to 
3[deg]41[min]20[sec] N., 124[deg]13[min]32[sec] W. thence southward to 
43[deg]38[min]35[sec] N., 124[deg]14[min]25[sec] W. thence eastward to 
a point on the shoreline at 43[deg]38[min]35[sec] N., 
124[deg]12[min]35[sec] W. thence northward along the shoreline to light 
``8'' at 43[deg]40[min]57[sec] N., 124[deg]11[min]13[sec] W. thence 
southwestward to a point on the west bank of the entrance channel at 
43[deg]40[min]52[sec] N., 124[deg]11[min]34[sec] W. thence 
southwestward along the west bank of the entrance channel thence 
northward along the seaward shoreline to the beginning.
    (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 closure means that the operation of any vessel within a 
regulated navigation area established in

[[Page 59103]]

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 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.
    (3) Bar restriction means that operation of a recreational or 
uninspected passenger vessel within a regulated navigation area 
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) 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.
    (6) Fish processing vessel means a vessel that commercially 
prepares fish or fish products other than by gutting, decapitating, 
gilling, skinning, shucking, icing, freezing, or brine chilling.
    (7) Fish tender vessel means a vessel that commercially supplies, 
stores, refrigerates, or transports fish, fish products, or materials 
directly related to fishing or the preparation of fish to or from a 
fishing, fish processing, or fish tender vessel or a fish processing 
facility.
    (8) Fishing vessel means a vessel that commercially engages in the 
catching, taking, or harvesting of fish or an activity that can 
reasonably be expected to result in the catching, taking, or harvesting 
of fish.
    (9) 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.
    (10) 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.
    (11) Small passenger vessel means a vessel inspected under 46 CFR 
subchapter T or 46 CFR subchapter K.
    (12) 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.
    (13) 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 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. 
For bars having deep draft vessel access, the COTP will consult with 
the local pilots association, when practicable, prior to closing the 
affected bar.
    (iii) The Coast Guard will notify the public of bar restrictions 
and bar closures via a Broadcast Notice to Mariners on VHF-FM Channel 
165 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 readily accessible 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 
readily accessible 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 22A 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

[[Page 59104]]

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 readily 
accessible 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, 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 22A 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 readily accessible 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 22A 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.

    Dated: October 15, 2009.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. E9-27516 Filed 11-16-09; 8:45 am]

BILLING CODE 4910-15-P
