Regulated Navigation Areas; Harbor Entrances Along the Coast of Northern California, 60025-60031 [2019-23968]
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Federal Register / Vol. 84, No. 216 / Thursday, November 7, 2019 / Proposed Rules
advertising expense deduction by $10,000.
On July 6, 2020, A signs a closing agreement
whereby X’s overstatement results in an
additional tax on A’s 2018 individual return.
As a result, at the beginning of January 1,
2019, X had AAA of $59,000 ($49,000 +
$10,000) and AE&P of $2,000. Additionally,
at the beginning of January 1, 2019, A’s
adjusted basis in its shares of X stock was
$60,000 ($50,000 + $10,000). During 2020,
the only distribution X makes is a $6,000
distribution of money to A on September 1,
2020. X’s CE&P during 2020 was $0, without
regard to any diminution by reason of any
distributions made during the taxable year.
(ii) Analysis—(A) Analysis of March 15,
2019 distribution. The treatment of the March
15, 2019, distribution is the same as
described in paragraph (c)(1)(ii)(A) of this
section, because the amount of the
distribution ($49,000) does not exceed X’s
AAA balance at the beginning of January 1,
2019 ($59,000), and so the entirety of the
$49,000 distribution is properly
characterized as a distribution of AAA.
(1) Effect on corporation. As described in
paragraph (c)(1)(ii)(B) of this section, X’s
AAA ($59,000 at the beginning of January 1,
2019) is reduced by $49,000 to $10,000. At
the conclusion of X’s initial PTTP (ending on
December 31, 2019), X’s AAA balance is
$10,000. Pursuant to § 1.1371–1(a)(2)(vii), X
has an ETSC period. Therefore, section
1371(f) and § 1.1371–1 will apply to any
subsequent qualified distributions by X.
(2) Effect on shareholder. As described in
paragraph (c)(1)(ii)(C) of this section, A
reduces its basis in its X stock ($60,000 at the
beginning of January 1, 2019) by $49,000 to
$11,000.
(B) Intervening audit PTTP. Pursuant to
section 1377(b)(1)(B), X enters an intervening
audit PTTP that begins on July 6, 2020, and
ends on November 2, 2020. The application
of section 1371(f) and the regulatory
provisions in this part under section 1371 of
the Code to distributions during the
intervening audit PTTP is stopped. Instead,
sections 1371(e) and 1377(b)(1)(B), and the
regulatory provisions in this part under
sections 1371 and 1377 of the Code, apply for
the duration of the intervening audit PTTP.
During the intervening audit PTTP, the only
distribution X made is a $6,000 distribution
of money to A on September 1, 2020.
Pursuant to sections 1371(e) and
1377(b)(1)(B), the $6,000 distribution is
characterized as a distribution of AAA
because it was made during the intervening
audit PTTP.
(1) Effect on corporation. Pursuant to
§ 1.1368–2(a)(3)(iii), X’s AAA is reduced by
$6,000 to $4,000. Beginning on November 3,
2020, pursuant to § 1.1371–1(a)(2)(vii), X’s
ETSC period resumes (after the intervening
audit PTTP’s conclusion) because its AAA
balance is greater than zero.
(2) Effect on shareholder. Pursuant to
section 1371(e)(1), A reduces its basis in its
X stock by $6,000 to $5,000.
(C) ETSC period. Beginning on November
3, 2020, X’s ETSC period resumes, and
distributions of money are subject to section
1371(f) and the regulatory provisions in this
part under section 1371 of the Code until X’s
AAA balance is zero. For purposes of
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calculating each of X’s AAA and AE&P ratios,
X’s historical AAA is $59,000 (at the
beginning of January 1, 2019, which includes
the $10,000 increase as a result of the July
6, 2020, closing agreement).
DEPARTMENT OF HOMELAND
SECURITY
(d) Applicability date. This section
generally applies to taxable years
beginning after [DATE OF
PUBLICATION OF THE FINAL RULES
IN THE Federal Register]. However,
corporations may choose to apply the
rules in §§ 1.316–2, 1.481–5, 1.1371–1,
1.1371–2, and 1.1377–2 in their entirety,
to the extent applicable, to taxable years
that began on or before [DATE OF
PUBLICATION OF THE FINAL RULES
IN THE Federal Register] and with
respect to which the period described in
section 6511(a) has not expired. If the
corporation makes the choice described
in the previous sentence, all
shareholders of the corporation must
report consistently.
33 CFR Part 165
§ 1.1377–2
[Amended]
■ Par. 7. Section 1.1377–2 is amended
by removing the last sentence of
paragraph (b).
■ Par. 8. Section 1.1377–3 is amended
by:
■ a. Removing ‘‘and 1.1377–2 apply’’
and adding ‘‘applies’’ in its place; and
■ b. Adding three sentences at the end
of the paragraph.
The addition reads as follows:
§ 1.1377–3
Effective dates.
* * * Section 1.1377–2 generally
applies to taxable years beginning after
[DATE OF PUBLICATION OF THE
FINAL RULES IN THE Federal
Register], however, corporations may
choose to apply the rules in §§ 1.316–2,
1.481–5, 1.1371–1, 1.1371–2, and
1.1377–2 in their entirety, to the extent
applicable, to taxable years that began
on or before [DATE OF PUBLICATION
OF THE FINAL RULES IN THE Federal
Register] and with respect to which the
period described in section 6511(a) has
not expired. If the corporation makes
the choice described in the previous
sentence, all shareholders of the
corporation must report consistently.
For taxable years beginning on or before
[DATE OF PUBLICATION OF THE
FINAL RULES IN THE Federal
Register], see § 1.1377–2(b) as contained
in 26 CFR part 1, revised April 1, 2019.
Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2019–24098 Filed 11–4–19; 4:15 pm]
BILLING CODE 4830–01–P
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60025
Coast Guard
[Docket Number USCG–2019–0785]
RIN 1625–AA11
Regulated Navigation Areas; Harbor
Entrances Along the Coast of Northern
California
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish Regulated Navigation Areas
(RNAs) at the harbor bar entrances to
Crescent City Harbor, Humboldt Bay,
Noyo River, and Morro Bay. The
proposed regulation would create
additional safety requirements for
recreational and small commercial
vessels operating in these areas 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. The proposed regulation is
necessary to enhance mariner and vessel
safety when crossing the bars exceeds
parameters, typically when breaking
seas are projected to be 20-foot or
greater. The proposed rulemaking
would prohibit vessels from entering
these areas during unsafe conditions
unless authorized by the local Captain
of the Port or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 9, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0785 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Lieutenant
Andres Ayure, Coast Guard District 11
Waterways Office; telephone 510–437–
2982, email Andres.A.Ayure@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
NPRM Notice of Proposed Rulemaking
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
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FR Federal Register
LA–LB Los Angeles-Long Beach
OCMI Officer in Charge of Marine
Inspection
OMB Office of Management and Budget
NTSB National Transportation Safety Board
PWSA Ports and Waterways Safety Act
RNA Regulated Navigation Area
U.S.C. United States Code
§ Section
II. Background, Purpose, and Legal
Basis
Since 1998, Captain of the Port
(COTP) San Francisco and COTP Los
Angeles-Long Beach (LA–LB) have
issued various navigation safety
advisories and created numerous
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.
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. For
example, in October 2017, COTP San
Francisco published a temporary final
rule to establish temporary safety zones
in the navigable waters of the Humboldt
Bay Entrance Channel in Eureka, CA;
the Noyo River Entrance Channel in
Fort Bragg, CA; and the Crescent City
Harbor Entrance in Crescent City, CA to
enhance navigation safety during unsafe
conditions (82 FR 53418). The use of
emergency safety zones to accomplish
the required risk mitigation does not
provide consistency or predictability of
Coast Guard actions to mariners. The
RNAs proposed here would define the
parameters and implementation
procedures for restricting access to the
applicable areas during unsafe
conditions for various types and classes
of vessels.
The current mariner rules of the road
and use of emergency safety zones
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. Bars along the northern California
coast experience severe wave, sea, and
current conditions that have contributed
to numerous marine casualties. Various
Coast Guard and National
Transportation Safety Board (NTSB)
casualty investigations have identified a
need for specific regulations to mitigate
these risks to enhance the safety of
mariners and vessels operating in the
vicinity of bars. One example is the
NTSB Safety Recommendation M–05–
009, available at: https://www.ntsb.gov/
investigations/AccidentReports/_
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layouts/ntsb.recsearch/
Recommendation.aspx?Rec=M-05-009.
On October 17, 2005, in a written
response to NTSB Safety
Recommendation M–05–009, the Coast
Guard articulated its intention to
develop written policies for transiting
west coast bars and inlets. In July 2010,
Coast Guard District Thirteen published
a final rule, 74 FR 59098, amended by
75 FR 41988, to mitigate bar transit risks
that addressed NTSB Safety
Recommendations M–05–009 and M–
05–010. Coast Guard District Eleven is
proposing a similar rule to streamline
safety regulations and provide
predictability for local mariners
regarding the conditions for the Coast
Guard to regulate navigation in the
vicinity of Crescent City Harbor,
Humboldt Bay, Noyo River, and Morro
Bay Harbor bar entrances based on
weather, sea, tide, and river conditions.
The Coast Guard solicited public
input on the potential establishment of
RNAs at these locations through the
Federal Register prior to publication of
this NPRM (83 FR 5592, Feb. 8, 2018).
The comment period closed on March
12, 2018. Coast Guard District Eleven
received a request for an extension of
the comment period, and after
reviewing it, reopened the public
comment period to extend to March 30,
2018 (83 FR 11649). In addition to the
Federal Register notices, an extensive
public outreach plan was completed by
Coast Guard COTP LA–LB and COTP
San Francisco, and a press release was
issued to engage all mariner
stakeholders in the local communities.
Coast Guard District Eleven recognizes
the need to provide ample opportunity
for public discussion of bar crossing
safety measures and seeks to acquire
mariner feedback on the proposed
regulatory text.
The Coast Guard is proposing this
rulemaking under 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). In
addition, without this rule the COTP
can issue COTP Orders under the Ports
and Waterways Safety Act (PWSA) 46
U.S.C. 70002 to direct only 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,
a safety zone or RNA is more
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appropriate. Due to this limitation, this
rule is being established to restrict all
vessels, when the COTP determines that
the on scene conditions are unsafe.
Authority to activate the proposed RNA
at Morro Bay Harbor is delegated from
the District Commander to COTP LA–
LB. The authority to activate the
proposed RNA at Crescent City Harbor,
Humboldt Bay, and Noyo River is
delegated to COTP San Francisco. The
Designated Representative for
enforcement of the proposed RNA at
Crescent City Harbor, Humboldt Bay,
and Noyo River would be designated by
COTP San Francisco to Commander,
Sector Humboldt Bay.
III. Discussion of Comments
A total of six comments were received
from the published Request for
Comments. We considered four
comments in drafting this proposed
rule; two comments were outside the
scope of the notice or appeared to be
based on a misunderstanding of the
intent of the Request for Comments.
One commenter stated that the
Government should not regulate when
mariners can navigate a specific area.
The Coast Guard has maintained a
narrow scope for the enactment of the
proposed regulation in order to
minimize potential impact on
navigation. The Coast Guard’s goal is to
provide advance notice, consistency,
and predictability for local mariners
during periods of extreme weather and
sea conditions (i.e., unsafe conditions).
The Coast Guard seeks clear
communication with local mariners and
views this proposed regulation as a tool
to improve public safety, predictability,
advance notice, and transparency.
One comment questioned the ability
of the Coast Guard to determine when
the bars are safe for seasoned mariners
to transit versus the judgment of
professional mariners themselves. The
Coast Guard drafted the proposed RNAs
as a formalization of existing bestpractices already used by prudent
mariners at bar entrances along the
Pacific Coast during extreme weather
and sea conditions. The proposed
regulation differentiates between a bar
restriction and bar closure based on set
environmental conditions as observed
by the COTP, who under 33 CFR 6.04–
5, retains ultimate authority to restrict
entrance to the harbor bars in order to
avoid damage or injury to a vessel or
waterfront facility. To account for the
various levels of mariner knowledge and
familiarity with each bar, the draft
regulation also proposes progressive
standards for recreational and
professional mariners. In addition, the
proposed regulatory text establishes
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safety standards for operating in the
RNAs during periods of unsafe
conditions and provides the opportunity
for preapproved bar crossing plans to
implement supplemental safety and
accessibility measures for mariners.
Unsafe conditions in this proposed rule
are typically expected to be at least 20foot breaking seas. The bar should be
reopened at the discretion of each
COTP, typically when breaking seas are
less than 20-foot and when the local
Coast Guard station is able to launch the
47-foot motor life boat to respond to
search and rescue cases. Finally, the
proposed regulation establishes waiver
procedures for vessels requiring access
to safe harbor during a bar restriction or
closure. We welcome further discussion
on the proposed text, as the primary
focus of this NPRM is to provide an
opportunity for public comment to
inform potential revisions of the
proposed RNA.
One commenter stated that such
RNAs would be redundant because the
Coast Guard currently closes the
entrances to all craft during unsafe
periods. The Coast Guard believes the
commenter is referring to the use of
emergency safety zones. While
emergency safety zones reduce the risk
for all vessels, they do not provide
advance notice, consistency, or
predictability of Coast Guard actions
affecting mariners, or additional safety
requirements, such as implementing bar
crossing plans for small passenger and
commercial fishing vessels to mitigate
risks inherent to transits of the harbor
bars. The proposed RNA negates the
need to establish emergency safety
zones, and defines the parameters and
enforcement procedures for restricting
access to the applicable areas during
unsafe conditions and defines safety
requirements for small passenger and
commercial fishing vessels operating
within the proposed RNAs. This
regulation would improve consistency
of enforcement and communication
with the maritime public.
The Coast Guard received one
comment suggesting that the Coast
Guard discuss possible penalties or
actions the Coast Guard will take for
violations of the proposed regulation.
The Coast Guard incorporated a
reference to 46 U.S.C. 70036, which
provides penalties for all persons in
violation. Per 46 U.S.C. 70036, the
current civil penalty shall not exceed
$25,000 per violation. Each day of a
continuing violation shall constitute a
separate violation.
The Coast Guard utilized the
comments received to draft the
proposed RNA text to be minimally
disruptive to the local community and
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mariners utilizing Crescent City Harbor,
Humboldt Bay, Noyo River, and Morro
Bay Harbor bar entrances outlined in
this NPRM, while acknowledging the
limits of Coast Guard rescue assets and
the need for additional safety measures.
In the sections below, we outline a
comprehensive proposed regulation of
RNAs for public comment.
IV. Discussion of Proposed Rule
The Coast Guard is proposing to
establish RNAs at the harbor bar
entrances to Crescent City Harbor,
Humboldt Bay, Noyo River, and Morro
Bay. The proposed regulation would
create additional safety requirements for
recreational and small commercial
vessels operating in these areas 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 hazardous
conditions. The proposed regulation is
necessary to enhance mariner and vessel
safety when crossing the bars exceeds
parameters, typically when breaking
seas are projected to be 20-foot or
greater. The COTP or a designated
representative would determine
whether an unsafe condition exists for
restricting or closing the bar entrances,
meaning that the wave height within an
RNA is equal to or greater than the
maximum wave height as defined by the
formula L/10 + F = W. In the formula
‘‘L’’ is the overall length of a vessel, ‘‘F’’
is the minimum freeboard when
measured in feet from the lowest point
along the upper strake edge to the
surface of the water and ‘‘W’’ is the
maximum wave height in feet. The
COTP will also utilize 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 proposed rulemaking
would also prohibit vessels from
entering these areas during hazardous
conditions unless authorized by
Commander, District Eleven, the local
Captain of the Port, or a designated
representative.
In the proposed rule, the operation of
recreational and uninspected passenger
vessels in the RNA is prohibited during
bar restrictions and bar closures unless
specifically authorized by the COTP or
a designated representative. The
operator of any recreational or
uninspected passenger vessel operating
in an activated RNA shall ensure that all
persons located in any unenclosed areas
of the recreational vessel are wearing
lifejackets, and that lifejackets are
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60027
readily accessible for/to all persons
located in any enclosed area of the
vessel.
The proposed rule would also
prohibit small passenger vessels and
commercial fishing vessels from
crossing the bars located in the RNAs
during a bar closure, unless specifically
authorized by the COTP or a designated
representative.
The master or operator of any small
passenger vessel operating in an
activated RNA 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. The aforementioned requirement
may be waived if the operator of the
small passenger vessel pre-establishes a
bar crossing plan with the Coast Guard
OCMI with responsibility for the bar
they intend to cross that will include
outlining a communication plan and
safety equipment to be set out during
the crossing. Operators intending to
cross the Crescent City Harbor,
Humboldt Bay, and Noyo River bars
should contact Coast Guard Sector San
Francisco and operators intending to
cross the Morro Bay Harbor entrance
should contact Coast Guard Sector Los
Angeles-Long Beach.
The master or operator of any
commercial fishing vessel operating in
an activated RNA 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.
For bars having deep draft vessel
access, the COTP will consult with the
local pilots association, when
practicable, prior to closing the affected
bar.
A similar RNA program has been
tested and used along the Northern
Pacific Coast with limited burden to
local mariners while improving vessel
safety during unsafe conditions. The
Coast Guard believes that implementing
a standard protocol along the Pacific
Coast will improve our service to the
maritime community and minimize the
unpredictability of emergency safety
zones. Conditions that exceed operating
parameters for the Coast Guard’s
primary rescue asset, the 47-foot motor
lifeboat with an operating limit of 20foot breaking seas, will be the threshold
for COTP activation of the proposed
RNA. In addition, the proposed RNA
will provide predictability of closures,
improve vessel transit plans during
extreme weather conditions, and
strengthen communications between the
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Coast Guard and the maritime
community. The regulatory text we are
proposing appears at the end of this
document.
V. Regulatory Analyses
We developed this proposed 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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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
proposed 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 proposed
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
(RFA), 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
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 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.
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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
proposed 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 proposed
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 contact 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 proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
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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 proposed 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 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact 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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 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 made a
preliminary determination 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 proposed rule
involves RNAs that would prohibit the
transit of maritime traffic in times of
unsafe conditions. Normally such
actions are categorically excluded from
further review under L60[a] in Table 3–
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1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Waterways.
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For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
■
2. Add § 165.1196 to read as follows:
§ 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 shoreward of a
line drawn from Humboldt Bay
Entrance Light 4 to Humboldt Bay
Entrance Light 3, in Eureka, CA.
(2) Noyo River Entrance Channel: The
navigable waters of the Noyo River
Entrance Channel as defined by the area
contained seaward of the Line of
Demarcation, with the northern
boundary of the line originating in
approximate position 39°25′41″ N,
123°48′37″ W and extending 4 nautical
miles at bearing 290° T, and the
southern boundary of the line
originating in approximate position
39°25′38″ N, 123°48′36″ W and
extending 4 nautical miles at 281° T, in
Fort Bragg, CA.
(3) Crescent City Harbor Entrance
Channel: The navigable waters of the
Crescent City Harbor Entrance Channel,
as defined by the area contained
seaward of the line originating in
approximate position 41°44′36″ N,
124°11′18″ W bearing 237° T and
extending out to 1 nautical mile from
the Line of Demarcation, in Crescent
City, CA.
(4) Estero-Morro Bay Harbor Entrance
Channel: The navigable waters of the
Morro Bay Harbor Entrance Channel, as
defined by the area contained seaward
of the Line of Demarcation, with the
northern boundary of the line
originating from the seaward extremity
of the Morro Bay East Breakwater to the
Morro Bay West Breakwater Light
35°21′46″ N, 120°52′11″ W in Morro
Bay, CA.
(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,
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60029
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,
warrant, civilian or petty officer 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, 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) 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 taking 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 noncommercial 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;
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(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
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Jkt 250001
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) 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
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:
(A) When crossing the bar and a bar
restriction exists or
(B) 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,
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Fmt 4702
Sfmt 4702
(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.
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(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: October 21, 2019.
Peter W. Gautier,
Rear Admiral, U.S. Coast Guard, Commander,
Coast Guard District Eleven.
[FR Doc. 2019–23968 Filed 11–6–19; 8:45 am]
BILLING CODE 9110–04–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2020–1; Order No. 5291]
Periodic Reporting
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Commission is
acknowledging a recent filing requesting
the Commission initiate a rulemaking
proceeding to consider changes to
analytical principles relating to periodic
reports (Proposal Nine). This document
informs the public of the filing, invites
public comment, and takes other
administrative steps.
DATES: Comments are due: December
20, 2019.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:23 Nov 06, 2019
Jkt 250001
Table of Contents
I. Introduction
II. Proposal Nine
III. Notice and Comment
IV. Ordering Paragraphs
I. Introduction
On October 31, 2019, the Postal
Service filed a petition pursuant to 39
CFR 3050.11 requesting that the
Commission initiate a rulemaking
proceeding to consider changes to
analytical principles relating to periodic
reports.1 The Petition identifies the
proposed analytical changes filed in this
docket as Proposal Nine.
II. Proposal Nine
Background. Proposal Nine relates to
methodological changes for estimating
facility-related costs. Petition, Proposal
Nine at 1. The cost models were last
presented in Docket No. ACR2018,
Library References USPS–FY–18–NP15
and USPS–FY18–NP16, respectively. Id.
The Postal Service acknowledges that
because the extensive underlying data
collection, analysis, and synthesis
supporting this proposal ran relatively
late into the year, the review is unlikely
to be completed in time for FY 2019
Annual Compliance Report (ACR)
preparation. Id. However, the Postal
Service hopes to be able to incorporate
the proposal into the ACR for FY 2020.
Id.
The current methodology is based on
data from a Facility Space Usage Study
(FSUS) conducted in 1999 and
presented in Docket No. R2005–1. Id.
Since then, the Office of the Inspector
General for the Postal Service
recommended updating the FSUS. Id.
The Postal Service’s updated FSUS is
the basis for Proposal Nine. Id.
Proposal and rationale. The Postal
Service notes that it recognized the need
for a new FSUS since many facility
changes have occurred since the old
study. Id. at 2. In the interim, several
types of equipment used to process mail
in 1999 no longer exist (e.g., the multiline optical character reader input sub
system, the mail processing bar code
sorter output sub system, among others)
while new processing equipment has
been introduced (e.g., the automated
flat-sorting machine model 100 and the
automated package processing system).
Id. Additionally, mail processing
operations have been consolidated, bin
1 Petition of the United States Postal Service for
the Initiation of a Proceeding to Consider Proposed
Changes in Analytical Principles (Proposal Nine),
October 31, 2019 (Petition). The Postal Service filed
a notice of filing of non-public materials relating to
Proposal Nine. Notice of Filing of USPS–RM2020–
1/1 and USPS–RM2020–1/NP1 and Application for
Nonpublic Treatment, October 31, 2019.
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60031
capacity has increased over time, and
network distribution centers have been
activated in the meantime. Id.
Not only have extensive changes
taken place in the mail processing
network since 1999, but the Postal
Service’s delivery network has changed
as well. Id. Due to the deployment of the
Flats Sequencing System to some plants,
flat mail pieces at some delivery units
are sorted into delivery point sequence
order. Id. Automated delivery unit
sorters have also been deployed to some
postal facilities for parcel sortation to
the carrier route level. Id. at 2–3.
The Postal Service states that while it
has updated its cost analysis annually to
reflect the use of facility space, these
adjustments were merely
approximations. Id. at 3. The new FSUS
provides a more comprehensive
approach to estimating space
proportions. Id.
The FSUS update process began with
a data collection phase using sample
statistics from 11 mail processing strata
and 6 retail facility and delivery strata.
Id. The sample statistics were then used
to inflate the space data into population
estimates using the ‘‘combined ratio’’
estimation. Id. This methodology was
used to de-average the total electronic
Facility Management System building
gross square footage for postal managed
buildings into space categories
representing each operation and
function. Id.
The Petition includes an updated
facility file version from the FY 2018
ACD (attached as USPS–FY18–8) to the
Postal Service’s Annual Compliance
Review in Docket No. ACR2019. Id. at
4. The proposed new version is
presented as Excel file
‘‘FACILITY19.PROP9.xlsx’’ (Facility
File Workbook). Id. The Postal Service
has modified the Facility File Workbook
to remove redundant or outdated
worksheets and includes the following
16 worksheets:
• Worksheet List Worksheet
• FSUS Results Worksheet
• MODS Data Worksheet
• Adjust FSUS Results Worksheet
• Rent Per Sq Ft Worksheet
• Change Factors Worksheet
• FSUS Facility Data Worksheet
• Equip Footprint Worksheet
• Equip Adjust Worksheet
• Remove Worksheet
• Deploy Worksheet
• Space Change Worksheet
• CRA Inputs Worksheet
• Outputs to CRA Worksheet
• POBox-Caller Service Split
Worksheet
• Component Variability Worksheet
Id. at 4–12.
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]]>Agencies
[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Proposed Rules]
[Pages 60025-60031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23968]
=======================================================================
-----------------------------------------------------------------------
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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish Regulated Navigation
Areas (RNAs) at the harbor bar entrances to Crescent City Harbor,
Humboldt Bay, Noyo River, and Morro Bay. The proposed regulation would
create additional safety requirements for recreational and small
commercial vessels operating in these areas 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. The proposed regulation is necessary
to enhance mariner and vessel safety when crossing the bars exceeds
parameters, typically when breaking seas are projected to be 20-foot or
greater. The proposed rulemaking would prohibit vessels from entering
these areas during unsafe conditions unless authorized by the local
Captain of the Port or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 9, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0785 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Andres Ayure, Coast Guard
District 11 Waterways Office; telephone 510-437-2982, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
NPRM Notice of Proposed Rulemaking
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
[[Page 60026]]
FR Federal Register
LA-LB Los Angeles-Long Beach
OCMI Officer in Charge of Marine Inspection
OMB Office of Management and Budget
NTSB National Transportation Safety Board
PWSA Ports and Waterways Safety Act
RNA Regulated Navigation Area
U.S.C. United States Code
Sec. Section
II. Background, Purpose, and Legal Basis
Since 1998, Captain of the Port (COTP) San Francisco and COTP Los
Angeles-Long Beach (LA-LB) have issued various navigation safety
advisories and created numerous 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. 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. For example, in October 2017, COTP San Francisco published a
temporary final rule to establish temporary safety zones in the
navigable waters of the Humboldt Bay Entrance Channel in Eureka, CA;
the Noyo River Entrance Channel in Fort Bragg, CA; and the Crescent
City Harbor Entrance in Crescent City, CA to enhance navigation safety
during unsafe conditions (82 FR 53418). The use of emergency safety
zones to accomplish the required risk mitigation does not provide
consistency or predictability of Coast Guard actions to mariners. The
RNAs proposed here would define the parameters and implementation
procedures for restricting access to the applicable areas during unsafe
conditions for various types and classes of vessels.
The current mariner rules of the road and use of emergency safety
zones 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. Bars along the northern California
coast experience severe wave, sea, and current conditions that have
contributed to numerous marine casualties. Various Coast Guard and
National Transportation Safety Board (NTSB) casualty investigations
have identified a need for specific regulations to mitigate these risks
to enhance the safety of mariners and vessels operating in the vicinity
of bars. One example is the NTSB Safety Recommendation M-05-009,
available at: https://www.ntsb.gov/investigations/AccidentReports/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=M-05-009.
On October 17, 2005, in a written response to NTSB Safety
Recommendation M-05-009, the Coast Guard articulated its intention to
develop written policies for transiting west coast bars and inlets. In
July 2010, Coast Guard District Thirteen published a final rule, 74 FR
59098, amended by 75 FR 41988, to mitigate bar transit risks that
addressed NTSB Safety Recommendations M-05-009 and M-05-010. Coast
Guard District Eleven is proposing a similar rule to streamline safety
regulations and provide predictability for local mariners regarding the
conditions for the Coast Guard to regulate navigation in the vicinity
of Crescent City Harbor, Humboldt Bay, Noyo River, and Morro Bay Harbor
bar entrances based on weather, sea, tide, and river conditions.
The Coast Guard solicited public input on the potential
establishment of RNAs at these locations through the Federal Register
prior to publication of this NPRM (83 FR 5592, Feb. 8, 2018). The
comment period closed on March 12, 2018. Coast Guard District Eleven
received a request for an extension of the comment period, and after
reviewing it, reopened the public comment period to extend to March 30,
2018 (83 FR 11649). In addition to the Federal Register notices, an
extensive public outreach plan was completed by Coast Guard COTP LA-LB
and COTP San Francisco, and a press release was issued to engage all
mariner stakeholders in the local communities. Coast Guard District
Eleven recognizes the need to provide ample opportunity for public
discussion of bar crossing safety measures and seeks to acquire mariner
feedback on the proposed regulatory text.
The Coast Guard is proposing this rulemaking under 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). In addition, without this rule the COTP can issue
COTP Orders under the Ports and Waterways Safety Act (PWSA) 46 U.S.C.
70002 to direct only 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, a safety zone or RNA is more
appropriate. Due to this limitation, this rule is being established to
restrict all vessels, when the COTP determines that the on scene
conditions are unsafe. Authority to activate the proposed RNA at Morro
Bay Harbor is delegated from the District Commander to COTP LA-LB. The
authority to activate the proposed RNA at Crescent City Harbor,
Humboldt Bay, and Noyo River is delegated to COTP San Francisco. The
Designated Representative for enforcement of the proposed RNA at
Crescent City Harbor, Humboldt Bay, and Noyo River would be designated
by COTP San Francisco to Commander, Sector Humboldt Bay.
III. Discussion of Comments
A total of six comments were received from the published Request
for Comments. We considered four comments in drafting this proposed
rule; two comments were outside the scope of the notice or appeared to
be based on a misunderstanding of the intent of the Request for
Comments.
One commenter stated that the Government should not regulate when
mariners can navigate a specific area. The Coast Guard has maintained a
narrow scope for the enactment of the proposed regulation in order to
minimize potential impact on navigation. The Coast Guard's goal is to
provide advance notice, consistency, and predictability for local
mariners during periods of extreme weather and sea conditions (i.e.,
unsafe conditions). The Coast Guard seeks clear communication with
local mariners and views this proposed regulation as a tool to improve
public safety, predictability, advance notice, and transparency.
One comment questioned the ability of the Coast Guard to determine
when the bars are safe for seasoned mariners to transit versus the
judgment of professional mariners themselves. The Coast Guard drafted
the proposed RNAs as a formalization of existing best-practices already
used by prudent mariners at bar entrances along the Pacific Coast
during extreme weather and sea conditions. The proposed regulation
differentiates between a bar restriction and bar closure based on set
environmental conditions as observed by the COTP, who under 33 CFR
6.04-5, retains ultimate authority to restrict entrance to the harbor
bars in order to avoid damage or injury to a vessel or waterfront
facility. To account for the various levels of mariner knowledge and
familiarity with each bar, the draft regulation also proposes
progressive standards for recreational and professional mariners. In
addition, the proposed regulatory text establishes
[[Page 60027]]
safety standards for operating in the RNAs during periods of unsafe
conditions and provides the opportunity for preapproved bar crossing
plans to implement supplemental safety and accessibility measures for
mariners. Unsafe conditions in this proposed rule are typically
expected to be at least 20-foot breaking seas. The bar should be
reopened at the discretion of each COTP, typically when breaking seas
are less than 20-foot and when the local Coast Guard station is able to
launch the 47-foot motor life boat to respond to search and rescue
cases. Finally, the proposed regulation establishes waiver procedures
for vessels requiring access to safe harbor during a bar restriction or
closure. We welcome further discussion on the proposed text, as the
primary focus of this NPRM is to provide an opportunity for public
comment to inform potential revisions of the proposed RNA.
One commenter stated that such RNAs would be redundant because the
Coast Guard currently closes the entrances to all craft during unsafe
periods. The Coast Guard believes the commenter is referring to the use
of emergency safety zones. While emergency safety zones reduce the risk
for all vessels, they do not provide advance notice, consistency, or
predictability of Coast Guard actions affecting mariners, or additional
safety requirements, such as implementing bar crossing plans for small
passenger and commercial fishing vessels to mitigate risks inherent to
transits of the harbor bars. The proposed RNA negates the need to
establish emergency safety zones, and defines the parameters and
enforcement procedures for restricting access to the applicable areas
during unsafe conditions and defines safety requirements for small
passenger and commercial fishing vessels operating within the proposed
RNAs. This regulation would improve consistency of enforcement and
communication with the maritime public.
The Coast Guard received one comment suggesting that the Coast
Guard discuss possible penalties or actions the Coast Guard will take
for violations of the proposed regulation. The Coast Guard incorporated
a reference to 46 U.S.C. 70036, which provides penalties for all
persons in violation. Per 46 U.S.C. 70036, the current civil penalty
shall not exceed $25,000 per violation. Each day of a continuing
violation shall constitute a separate violation.
The Coast Guard utilized the comments received to draft the
proposed 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 NPRM, while
acknowledging the limits of Coast Guard rescue assets and the need for
additional safety measures. In the sections below, we outline a
comprehensive proposed regulation of RNAs for public comment.
IV. Discussion of Proposed Rule
The Coast Guard is proposing to establish RNAs at the harbor bar
entrances to Crescent City Harbor, Humboldt Bay, Noyo River, and Morro
Bay. The proposed regulation would create additional safety
requirements for recreational and small commercial vessels operating in
these areas 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 hazardous
conditions. The proposed regulation is necessary to enhance mariner and
vessel safety when crossing the bars exceeds parameters, typically when
breaking seas are projected to be 20-foot or greater. The COTP or a
designated representative would determine whether an unsafe condition
exists for restricting or closing the bar entrances, meaning that the
wave height within an RNA is equal to or greater than the maximum wave
height as defined by the formula L/10 + F = W. In the formula ``L'' is
the overall length of a vessel, ``F'' is the minimum freeboard when
measured in feet from the lowest point along the upper strake edge to
the surface of the water and ``W'' is the maximum wave height in feet.
The COTP will also utilize 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 proposed rulemaking would also prohibit vessels
from entering these areas during hazardous conditions unless authorized
by Commander, District Eleven, the local Captain of the Port, or a
designated representative.
In the proposed rule, the operation of recreational and uninspected
passenger vessels in the RNA is prohibited during bar restrictions and
bar closures unless specifically authorized by the COTP or a designated
representative. The operator of any recreational or uninspected
passenger vessel operating in an activated RNA 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 vessel.
The proposed rule would also prohibit small passenger vessels and
commercial fishing vessels from crossing the bars located in the RNAs
during a bar closure, unless specifically authorized by the COTP or a
designated representative.
The master or operator of any small passenger vessel operating in
an activated RNA 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. The aforementioned requirement may
be waived if the operator of the small passenger vessel pre-establishes
a bar crossing plan with the Coast Guard OCMI with responsibility for
the bar they intend to cross that will include outlining a
communication plan and safety equipment to be set out during the
crossing. Operators intending to cross the Crescent City Harbor,
Humboldt Bay, and Noyo River bars should contact Coast Guard Sector San
Francisco and operators intending to cross the Morro Bay Harbor
entrance should contact Coast Guard Sector Los Angeles-Long Beach.
The master or operator of any commercial fishing vessel operating
in an activated RNA 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.
For bars having deep draft vessel access, the COTP will consult
with the local pilots association, when practicable, prior to closing
the affected bar.
A similar RNA program has been tested and used along the Northern
Pacific Coast with limited burden to local mariners while improving
vessel safety during unsafe conditions. The Coast Guard believes that
implementing a standard protocol along the Pacific Coast will improve
our service to the maritime community and minimize the unpredictability
of emergency safety zones. Conditions that exceed operating parameters
for the Coast Guard's primary rescue asset, the 47-foot motor lifeboat
with an operating limit of 20-foot breaking seas, will be the threshold
for COTP activation of the proposed RNA. In addition, the proposed RNA
will provide predictability of closures, improve vessel transit plans
during extreme weather conditions, and strengthen communications
between the
[[Page 60028]]
Coast Guard and the maritime community. The regulatory text we are
proposing appears at the end of this document.
V. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 proposed 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 proposed 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 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider 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 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 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 proposed 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 proposed 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
contact 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 proposed rule would 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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 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 made
a preliminary determination 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 proposed rule involves RNAs that
would prohibit the transit of maritime traffic in times of unsafe
conditions. Normally such actions are categorically excluded from
further review under L60[a] in Table 3-
[[Page 60029]]
1 of U.S. Coast Guard Environmental Planning Implementing Procedures. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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. [thinsp]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 shoreward
of a line drawn from Humboldt Bay Entrance Light 4 to Humboldt Bay
Entrance Light 3, in Eureka, CA.
(2) Noyo River Entrance Channel: The navigable waters of the Noyo
River Entrance Channel as defined by the area contained seaward of the
Line of Demarcation, with the northern boundary of the line originating
in approximate position 39[deg]25'41'' N, 123[deg]48'37'' W and
extending 4 nautical miles at bearing 290[deg] T, and the southern
boundary of the line originating in approximate position 39[deg]25'38''
N, 123[deg]48'36'' W and extending 4 nautical miles at 281[deg] T, in
Fort Bragg, CA.
(3) Crescent City Harbor Entrance Channel: The navigable waters of
the Crescent City Harbor Entrance Channel, as defined by the area
contained seaward of the line originating in approximate position
41[deg]44'36'' N, 124[deg]11'18'' W bearing 237[deg] T and extending
out to 1 nautical mile from the Line of Demarcation, in Crescent City,
CA.
(4) Estero-Morro Bay Harbor Entrance Channel: The navigable waters
of the Morro Bay Harbor Entrance Channel, as defined by the area
contained seaward of the Line of Demarcation, with the northern
boundary of the line originating from the seaward extremity of the
Morro Bay East Breakwater to the Morro Bay West Breakwater Light
35[deg]21'46'' N, 120[deg]52'11'' W in Morro Bay, CA.
(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, warrant, civilian or petty officer 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, 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) 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 taking 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;
[[Page 60030]]
(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) 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
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:
(A) When crossing the bar and a bar restriction exists or
(B) 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.
[[Page 60031]]
(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: October 21, 2019.
Peter W. Gautier,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard District Eleven.
[FR Doc. 2019-23968 Filed 11-6-19; 8:45 am]
BILLING CODE 9110-04-P
