[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 
marcia.a.medina@uscg.mil.

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


