[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Page 4755]
[FR Doc No: 2020-01366]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  2:00 p.m. on Wednesday, January 29, 2020.

PLACE:  The meeting will be held at the Commission's headquarters, 100
F Street NE, Washington, DC 20549.

STATUS:  This meeting will be closed to the public.

MATTERS TO BE CONSIDERED:  Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matters of the closed meeting will consist of the
following topics:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
Resolution of litigation claims; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION:  For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: January 22, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-01366 Filed 1-23-20; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Pages 56995-57000]
[FR Doc No: 2013-22394]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2013-0002-N-19]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), United States Department
of Transportation (USDOT).

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its
implementing regulations, the Federal Railroad Administration (FRA)
hereby announces that it is seeking renewal of the following currently
approved information collection activities. Before submitting these
information collection requirements for clearance by the Office of
Management and Budget (OMB), FRA is soliciting public comment on
specific aspects of the activities identified below.

DATES: Comments must be received no later than November 15, 2013.

ADDRESSES: Submit written comments on any or all of the following
proposed activities by mail to either: Mr. Robert Brogan, Office of
Safety, Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Ave. SE., Mail Stop 17, Washington, DC
20590, or Ms. Kimberly Toone, Office of Information Technology, RAD-20,
Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop
35, Washington, DC 20590. Commenters requesting FRA to acknowledge
receipt of their respective comments must include a self-addressed
stamped postcard stating, ``Comments on OMB control number --------.''
Alternatively, comments may be transmitted via facsimile to (202) 493-
6216 or<PHONE_NUMBER>, or via email to Mr. Brogan at
<EMAIL_ADDRESS>or to Ms. Toone at<EMAIL_ADDRESS>Please
refer to the assigned OMB control number in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice and include them in its information
collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave. SE., Mail Stop 17, Washington, DC 20590 (telephone:
(202) 493-6292) or Ms. Kimberly Toone, Office of Information
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey
Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-
6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, Sec.  2, 109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR Part
1320, require Federal agencies to provide 60-days notice to the public
for comment on information collection activities before seeking
approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A);
5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA
invites interested respondents to comment on the following summary of
proposed information collection activities regarding (i) whether the
information collection activities are necessary for FRA to properly
execute its functions, including whether the activities will have
practical utility; (ii) the accuracy of FRA's estimates of the burden
of the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (iii) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (iv) ways for FRA to minimize the burden of
information collection activities on the public by automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses). See 44 U.S.C. 3506(c)(2)(A)(i)-(iv); 5 CFR
1320.8(d)(1)(i)-(iv). FRA believes that soliciting public comment will
promote its efforts to reduce the administrative and paperwork burdens
associated with the collection of information mandated by Federal
regulations. In summary, FRA reasons that comments received will
advance three objectives: (i) Reduce reporting burdens; (ii) ensure
that it

organizes information collection requirements in a ``user friendly''
format to improve the use of such information; and (iii) accurately
assess the resources expended to retrieve and produce information
requested. See 44 U.S.C. 3501.
    Below is a brief summary of currently approved information
collection activities that FRA will submit for clearance by OMB as
required under the PRA:
    Title: Accident/Incident Reporting and Recordkeeping.
    OMB Control Number: 2130-0500.
    Abstract: The collection of information is due to the railroad
accident reporting regulations set forth in 49 CFR Part 225 which
require railroads to submit monthly reports summarizing collisions,
derailments, and certain other accidents/incidents involving damages
above a periodically revised dollar threshold, as well as certain
injuries to passengers, employees, and other persons on railroad
property. Because the reporting requirements and the information needed
regarding each category of accident/incident are unique, a different
form is used for each category.
    Form Number(s): FRA F 6180.39i; 54; 55; 55A; 56; 57; 78; 81; 97;
98; 99;107; 150.
    Affected Public: Businesses.
    Respondent Universe: 763 railroads.
    Frequency of Submission: On occasion.

                                                Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR Section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
225.6--Consolidated Reporting--    763 railroads......  4 requests.........  40 hours...........             160
 Request to FRA by Parent
 Corporation to treat its
 Commonly Controlled Carriers as
 a Single Railroad Carrier for
 Purposes of this Part.
--Written Agreement by Parent      763 railroads......  4 agreements.......  2 hours............               8
 Corporation with FRA on Specific
 Subsidiaries Included in Its
 Railroad System.
--Notification by Parent           763 railroads......  1 notification + 1   60 minutes.........               2
 Corporation Regarding Any Change                        amended agreement.
 in the Subsidiaries Making Up
 Its Railroad System and Amended
 Written Agreement with FRA.
225.9--Telephone Reports of        763 railroads......  3,300 phone reports  15 minutes.........             825
 Certain Accidents/Incidents and
 Other Events.
225.11--Reporting of Rail          763 railroads......  3,600 forms........  2 hours............           7,200
 Equipment Accidents/Incidents--
 Form FRA F 6180.54.
225.12--Rail Equipment Accident/   763 railroads......  1,600 forms........  15 minutes.........             400
 Incident Reports Alleging Human
 Factor as Cause--Form FRA F
 6180.81.
--Part I Form FRA F 6180.78        763 railroads......  1,000 notices +      10 minutes + 3                  367
 (Notices).                                              4,000 copies.        minutes.
--Joint Operations...............  763 railroads......  100 requests.......  20 minutes.........              33
--Late Identification............  763 railroads......  20 attachments + 20  15 MINUTES.........              10
                                                         notices.
--Employee Statement               Railroad employees.  75 statements......  1.5 hours..........             113
 Supplementing Railroad Accident
 Report (Part II Form FRA
 6180.78).
--Employee Confidential Letter...  Railroad employees.  10 letters.........  2 hours............              20
225.13--Late Reports--RR           763 railroads......  25 late reports....  1 hour.............              25
 Discovery of Improperly Omitted
 Report of Accident/Incident.
--RR Late/Amended Report of        763 railroads......  50 amended reports   1 hour + 3 minutes.              52
 Accident/Incident Based on                              + 40 copies.
 Employee Statement Supplementing
 RR Accident Report.
225.18--RR Narrative Report of     763 railroads......  80 reports.........  30 minutes.........              40
 Possible Alcohol/Drug
 Involvement in Accident/Incident.

--Reports Required by Section      763 railroads......  5 reports..........  30 minutes.........               3
 219.209(b) Appended to Rail
 Equipment Accident/Incident
 Report.
225.19--Rail-Highway Grade         763 railroads......  2,880 forms........  2 hours............           5,760
 Crossing Accident/Incident
 Report--Form FRA F 6180.57.
--Death, Injury, or Occupational   763 railroads......  12,638 forms.......  20 min./50 min.....           4,912
 Illness (Form FRA F 6180.55a).                                              60 min.............
225.21--Railroad Injury and        763 railroads......  8,616 forms........  10 minutes.........           1,436
 Illness Summary: Form FRA F
 6180.55.
225.21--Annual Railroad Report of  763 railroads......  763 forms..........  15 minutes.........             191
 Employee Hours and Casualties,
 By State--Form FRA F 6180.56.
225.21/25--Railroad Employee       763 railroads......  18,900 forms.......  60 minutes.........          18,900
 Injury and/or Illness Record--
 Form FRA F 6180.98.
--Copies of Forms to Employees...  763 railroads......  567 form copies....  2 minutes..........              19
225.21--Initial Rail Equipment     763 railroads......  18,200 forms.......  30 minutes.........           9,100
 Accident/Incident Record--Form
 FRA F 6180.97.
--Completion of Form FRA F         763 railroads......  1 form.............  30 minutes.........               1
 6180.97 because of Rail
 Equipment Involvement.
225.21--Alternative Record for     763 railroads......  300 forms..........  75 minutes.........             375
 Illnesses Claimed to Be Work
 Related--Form FRA F 6180.107.
225.21--Railroad Accident/         763 railroads......  1,000 forms........  90 minutes.........           1,500
 Incident Notification and
 Initial Investigation Report--
 Form FRA F 6180.39i.
225.21--Highway User Statement--   763 railroads......  950 Letters/forms..  50 minutes.........             792
 RR Cover Letter and Form FRA F
 6180.150 sent out to Potentially
 Injured Travelers Involved in a
 Highway-Rail Grade Crossing
 Accident/Incident.
--Form FRA F 6180.150 Completed    950 Injured          665 forms..........  45 minutes.........             499
 by Highway User and Sent Back to   Individuals.
 Railroad.
225.25(h)--Posting of Monthly      763 railroads......  8,616 lists........  16 minutes.........           2,298
 Summary.
225.27--Retention of Records.....  763 railroads......  18,900 records.....  2 minutes..........             630
--Record of Form FRA F 6180.107..  763 railroads......  300 records........  2 minutes..........              10
--Record of Monthly Lists........  763 railroads......  8,616 records......  2 minutes..........             288
--Record of Form FRA F 6180.97...  763 railroads......  18,200 records.....  2 minutes..........             607
--Record of Employee Human Factor  763 railroads......  2,675 records......  2 minutes..........              89
 Attachments.
--RR Electronic Recordkeeping      18 railroads.......  18 modified systems  120 hours..........           2,160
 Systems--Changes to Conform to
 FRA Requirements.
225.33--Internal Control Plans--   763 railroads......  25 amendments......  14 hours...........             350
 Amendments.
225.35--Access to Records and      15 railroads.......  400 lists..........  20 minutes.........             133
 Reports.
--Subsequent Years...............  4 railroads........  16 lists...........  20 minutes.........               5
225.37--Optical Media Transfer of  8 railroads........  200 transfers......  3 minutes..........              10
 of Reports, Updates, and
 Amendments.

--Electronic Submission of         763 railroads......  2,400 submissions..  3 minutes..........             120
 Reports, Updates, and Amendments.
----------------------------------------------------------------------------------------------------------------

    Total Responses: 139,791.
    Estimated Total Annual Burden: 59,443 hours.
    Status: Extension of a Currently Approved Collection.
    OMB Control Number: 2130-0524.
    Abstract: The Federal Railroad Administration (FRA) amended its
radio standards and procedures to promote compliance by making the
regulations more flexible; to require wireless communications devices,
including radios, for specified classifications of railroad operations
and roadway workers; and to re-title this part to reflect its coverage
of other means of wireless communications such as cellular telephones,
data radio terminals, and other forms of wireless communications to
convey emergency and need-to-know information. The new rule establishes
safe, uniform procedures covering the use of radio and other wireless
communications within the railroad industry.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 763 railroads.
    Frequency of Submission: On occasion; annually.

                                                Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                        Respondent          Total annual       Average time per    Total annual
           CFR Section                   universe            responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
220.8--Waivers Petitions.........  763 railroads......  6 petition letters.  60 minutes.........               6
220.25--Instruction of Employees.  763 railroads......  91,000 instructed    30 minutes.........          45,500
                                                         employees.
--Subsequent Years...............  763 railroads......  12,5400 instructed   30 minutes.........           6,270
                                                         employees.
--Operational Testing of           763 railroads......  100,000 tests/       5 minutes..........           8,333
 Employees.                                              record.
220.37--Testing Radio/Wireless     763 railroads......  780,000 tests......  30 seconds.........           6,500
 Communication Equipment.
220.61--Transmission of Mandatory  763 railroads......  7,200,000            1.5 minutes........         180,000
 Directive.                                              directives.
--Marking Man. Dir...............  763 railroads......  624,000 marks......  15 seconds.........           2,600
220.307--Use of RR Supplied        763 railroads......  763 amended codes..  60 minutes.........             763
 Electronic Devices: Amended RR
 Code.
--RR Written Document Stating      763 railroads......  50 written           60 minutes.........              50
 Authorized Business Purpose for                         documents.
 Taking Video/Photo with RR
 Supplied Electronic Device.
--Safety Briefing for Use of RR    763 railroads......  5,460,000 briefings  1 minute...........          91,000
 Supplied Electronic Device in
 Cab of Controlling Locomotive.
220.313--Railroad Written Program  763 railroads......  763 amended written  60 minutes.........             763
 of Instruction and Examination                          Instruction
 on Part 220 Requirements.                               Programs.
--Training of RR Employees on      91,000 Employees...  91,000 Trained       15 minutes.........          22,750
 Part 220 Requirements.                                  Employees.
--Employee Training Records......  91,000 Employees...  91,000 records.....  5 minutes..........           7,583
--Approval Process: FRA            763 railroads......  6 revised/amended    60 minutes.........               6
 Disapproval of RR Program of                            programs.
 Instruction and Examination.
----------------------------------------------------------------------------------------------------------------

    Total Responses: 14,451,128.
    Estimated Total Annual Burden: 372,124 hours.
    Status: Extension of a Currently Approved Collection.
    OMB Control Number: 2130-0557.
    Abstract: The Federal Railroad Administration (FRA) and the Surface
Transportation Board (STB), working in conjunction with each other,
have issued joint final rules establishing procedures for the
development and implementation of safety integration plans (``SIPs'' or
``plans'') by a Class I railroad proposing to engage in certain
specified merger, consolidation, or acquisition of control transactions
with another Class I railroad, or a Class II railroad with which it
proposes to amalgamate operations. The scope of the transactions
covered under the two rules is the same. FRA uses the information
collected, notably the required SIPs, to maintain and promote a safe
rail environment by ensuring that affected railroads (Class Is and some
Class IIs) address critical safety issues unique to the amalgamation of
large, complex railroad operations.
    Form Number(s): N/A.

    Affected Public: Railroads.
    Respondent Universe: Class I Railroads.
    Frequency of Submission: On occasion.

----------------------------------------------------------------------------------------------------------------
                                  Respondent      Total annual     Average time    Total annual    Total annual
         CFR Section               universe        responses       per response    burden hours     burden cost
----------------------------------------------------------------------------------------------------------------
244.13--Safety Integration
 Plans:
    Amalgamation of            8 railroads....  1 plan.........  340 hours......             340         $24,016
     Operations--SIP
     Development & Quarterly
     Meetings.
244.17--Procedures...........  8 railroads....  25 reports.....  40 hours/2                   88           5,632
                                                                  hours.
--Responses to FRA Inquiries   8 railroads....  6 responses....  8 hours........              48           3,072
 Re: SIP data.
--Coordination in              8 railroads....  25 phone calls.  10 minutes.....               4             256
 Implementing Approved SIP.
hh--Request for Confidential   8 railroads....  1 request......  16 hours.......              16           2,512
 Treatment.
244.19--Disposition--Comments  8 railroads....  2 reports......  16 hours.......              32           2,048
 on Proposed SIP Amendments.
----------------------------------------------------------------------------------------------------------------

    Total Responses: 60.
    Estimated Total Annual Burden: 528 hours.
    Status: Extension of a Currently Approved Collection.
    Title: Confidential Close Call Reporting System Evaluation-Related
Interview Data Collection.
    OMB Control Number: 2130-0574.
    Abstract: In the U.S. railroad industry, injury rates have been
declining over the last 25 years. Indeed, the industry incident rate
fell from a high of 12.1 incidents per 100 workers per year in 1978 to
3.66 in 1996. As the number of incidents has decreased, the mix of
causes has also changed toward a higher proportion of incidents that
can be attributed to human and organizational factors. This combination
of trends--decrease in overall rates but increasing proportion of human
factors-related incidents--has left safety managers with a need to
shift tactics in reducing injuries to even lower rates than they are
now.
    In recognition of the need for new approaches to improving safety,
FRA has instituted the Confidential Close Call Reporting System
(C\3\RS). The operating assumption behind C\3\RS is that by assuring
confidentiality, employees will report events which, if dealt with,
will decrease the likelihood of accidents. C\3\RS, therefore, has both
a confidential reporting component, and a problem analysis/solution
component. C\3\RS is expected to affect safety in two ways. First, it
will lead to problem solving concerning specific safety conditions.
Second, it will engender an organizational culture and climate that
supports greater awareness of safety and a greater cooperative
willingness to improve safety.
    If C\3\RS works as intended, it could have an important impact on
improving safety and safety culture in the railroad industry. While
C\3\RS has been developed and implemented with the participation of
FRA, railroad labor, and railroad management, there are legitimate
questions about whether it is being implemented in the most beneficial
way, and whether it will have its intended effect. Further, even if
C\3\RS is successful, it will be necessary to know if it is successful
enough to implement on a wide scale. To address these important
questions, FRA is implementing a formative evaluation to guide program
development, a summative evaluation to assess impact, and a
sustainability evaluation to determine how C\3\RS can continue after
the test period is over. The evaluation is needed to provide FRA with
guidance as to how it can improve the program, and how it might be
scaled up throughout the railroad industry.
    Program evaluation is an inherently data driven activity. Its basic
tenet is that as change is implemented, data can be collected to track
the course and consequences of the change. Because of the setting in
which C\3\RS is being implemented, that data must come from the
railroad employees (labor and management) who may be affected. Critical
data include beliefs about safety and issues related to safety, and
opinions/observations about the operation of C\3\RS.
    The current study is a five-year demonstration project to improve
rail safety, and is designed to identify safety issues and propose
corrective action based on voluntary reports of close calls submitted
to the Bureau of Transportation Statistics. Because of the innovative
nature of this program, FRA is implementing an evaluation to determine
whether the program is succeeding, how it can be improved and, if
successful, what is needed to spread the program throughout the
railroad industry. Interviews to evaluate the close call reporting
system are being conducted with two groups: (1) Key stakeholders to the
process (e.g., FRA officials, industry labor, and carrier management
within participating railroads); and (2) Employees in participating
railroads who are eligible to submit close call reports to the
Confidential Close Call Reporting System. Different questions are
addressed to each of these two groups. Interviews are semi-structured,
with follow-up questions asked as appropriate depending on the
respondent's initial answer.
    The confidentiality of the interview data is protected by the
Privacy Act of 1974. FRA fully complies with all laws pertaining to
confidentiality, including the Privacy Act. Thus, information obtained
by or acquired by FRA's contractor, the Volpe Center, from key
stakeholders and railroad employees will be used strictly for
evaluation purposes. None of the information that might be identifying
will be disseminated or disclosed in any way. In addition, the
participating railroad sites involved will require Volpe to establish a
non-disclosure agreement that prohibits disclosure of company
confidential information without the carrier's authorization. Also, the
data are protected under the Department of

Transportation regulation Title 49 CFR Part 9, which is in part
concerned with the Department involvement in proceedings between
private litigants. According to this statute, if information is
subpoenaed, Volpe and Volpe contractors cannot ``provide testimony or
produce any material contained in the files of the Department, or
disclose any information or produce any material acquired as part of
the performance of that employee's official duties or because of that
employee's official duty status'' unless authorized by agency counsel
after determining that, in legal proceedings between private litigants,
such testimony would be in the best interests of the Department or that
of the United States Government if disclosed. Finally, the name of
those interviewed will not be requested.
    Form Number(s): FRA F 6180.126A; FRA F 6180.126B.
    Affected Public: Railroad Employees and Key Non-railroad
Stakeholders.
    Respondent Universe: 300 Select Railroad Employees/Non-railroad
Stakeholders.
    Frequency of Submission: On occasion.

----------------------------------------------------------------------------------------------------------------
                                                                                Average time
       Collection instrument         Respondent universe        Total annual       per response    Total annual
                                                                 responses           (minutes)     burden hours
----------------------------------------------------------------------------------------------------------------
Form FRA F 6180.126A..............  300 Individuals......  220 forms............              60             220
Form FRA F 6180.126B..............  300 Individuals......  60 forms.............              60              60
----------------------------------------------------------------------------------------------------------------

    Total Responses: 280.
    Estimated Annual Burden: 280 hours.
    Status: Extension of a Currently Approved Collection.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b),
1320.8(b)(3)(vi), FRA informs all interested parties that it may not
conduct or sponsor, and a respondent is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.

    Authority:  44 U.S.C. 3501-3520.

Rebecca Pennington,
Chief Financial Officer.
[FR Doc. 2013-22394 Filed 9-13-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: November 17, 2009 (Volume 74, Number 220)]
[Rules and Regulations]
[Page 59098-59104]
[DOCID:fr17no09-11]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1017]
RIN 1625-AA11

Regulated Navigation Areas; Bars Along the Coasts of Oregon and
Washington

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing Regulated Navigation Areas
(RNA) covering specific bars along the coasts of Oregon and Washington.
The RNAs are necessary to help ensure the safety of the persons and
vessels operating in those hazardous bar areas. The RNAs will do so by
establishing clear procedures for restricting and/or closing the bars
and mandating additional safety requirements for recreational and small
commercial vessels operating in the RNAs when certain conditions exist.

DATES: This rule is effective December 17, 2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-1017 and are available online by going to
http://www.regulations.gov, inserting USCG-2008-1017 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

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

Background and Purpose

    The bars along the coasts of Oregon and Washington are a maritime
operating environment unique to the Pacific Northwest. More
importantly, the bars can and very often do become extremely hazardous
for all types of maritime traffic. In fact, a review of recreational,
passenger, and commercial fishing vessel casualty data shows that since
1992 there have been 39 vessel capsizings on or in the vicinity of the
bars, resulting in 66 fatalities. Some notable recent vessel casualties
include the capsizing of the inspected charter vessel TAKI-TOOO while
trying to cross the Tillamook Bay bar, resulting in the deaths of 11
people, and the capsizing of the uninspected passenger vessel SYDNEY
MAE II while attempting to cross the Umpqua River bar, resulting in the
deaths of 3 people. In addition, several commercial fishing vessels,
including the CATHERINE M, the ASH, the STARRIGAVAN and the NETWORK
have recently capsized on or in the vicinity of various bars, resulting
in the deaths of 10 people.
    As evidenced in part by the tragedies noted above, the current
regulations governing maritime traffic operating on and in the vicinity
of the bars along the coasts of Oregon and Washington are insufficient
to ensure the safety of the persons and vessels operating in those
areas. Additionally, multiple Coast Guard and National Transportation
Safety Board (NTSB) casualty investigations have indicated a need for
additional regulations to mitigate the risks associated with the bars
and enhance the safety of the persons and vessels operating on and in
the vicinity of them. As such, the Thirteenth Coast Guard District is
establishing this rule to help ensure the safety of persons and vessels
operating on or in the vicinity of the bars.

Discussion of Comments and Changes

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

Unsafe Condition Formula

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

considered in determining whether an unsafe condition exists for a
particular vessel such as wave period, swell period, vessel type, and
direction of travel.
    No changes to the rule were made based on these comments because
the formula is only one variable that will be considered by the Captain
of the Port (COTP) or his designated representative in deciding whether
or not to restrict a bar. As noted in 33 CFR 165.1325(c)(1)(i), they
will also ``use their professional maritime experience and knowledge of
local environmental conditions in making their determination. Factors
that will be considered include, but are not limited to: size and type
of vessel, sea state, winds, wave period, and tidal currents.'' The
formula has been used for some time in 33 CFR 177.07 to define the
phrase ``other unsafe condition.'' In addition, the COTP or his
designated representative may permit vessels to cross a restricted bar
on a case-by-case basis.

Reopening Restricted/Closed Bars

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

Exigent Circumstances

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

Application of Bar Closures to Deep Draft Vessels

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

Economic Effects

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

Checking-In on VHF Channel 16

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

Go/No-Go Plan Exemption

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

Use of the Term ``Restriction''

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

Ceremonial/Subsistence Crossings

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

Lifejackets

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

Bar Cameras

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

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

Federalism

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

Reference in 33 CFR 177.04

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

Other Comments

    A variety of other comments were received expressing concern that,
among other things, (1) all vessel operators are being penalized for
the actions of a few bad operators, (2) the rule is one size fits all,
(3) the rule does not take into account dredge spoil mound wave
amplifications, and (4) the rule does not address the option of
``hanging close to shore'' for better sea conditions.
    All comments received were considered in drafting the final rule.
No comments other than those already mentioned, however, resulted in
any changes to the rule because, although important, they were either
outside the scope of the rule or appeared to be based on a
misunderstanding of the rule. The Coast Guard encourages mariners
having further questions about the rule and how to comply with it to
contact the Coast Guard point of contact listed under FOR FURTHER
INFORMATION CONTACT.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The Coast Guard expects the economic
impact of this proposed rule to be negligible in part because: (1) The
rule does not require the purchase of equipment not already required to
be on board the vessels affected. (2) The rule changes only the
procedures for restricting and/or closing the bars, not the standards
for determining when a restriction and/or closure will take place. (3)
The restriction and/or closure of the bars is temporary and will only
occur when necessary due to severe weather. (4) The maritime public
will be advised of bar restrictions and/or closures via Broadcast
Notice to Mariners and other methods of communication. (5) Vessels may
be allowed to enter the RNAs when a bar restriction and/or closure is
in place on a case-by-case basis with permission of the COTP or his
designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule would affect the following entities, some of which
may be small entities: The owners and operators of recreational
vessels, uninspected passenger vessels, inspected small passenger
vessels, and commercial fishing vessels. The rule would not have a
significant economic impact on a substantial number of small entities,
however, for the following reasons: (1) The rule does not require the
purchase of equipment not already required to be on board the vessels
affected. (2) The rule changes only the procedures for restricting and/
or closing the bars, not the standards for determining when a
restriction and/or closure will take place. (3) The restriction and/or
closure of the bars is temporary and will only occur when necessary due
to severe weather. (4) The maritime public will be advised of bar
restrictions and/or closures via Broadcast Notice to Mariners and other
methods of communication. (5) Vessels may be allowed to enter the RNAs
when a bar restriction and/or closure is in place on a case-by-case
basis with permission of the COTP or his designated representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism. Two comments were received on this subject and were
addressed in ``Discussion of Comments and Changes.''

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a

State, local, or tribal government, in the aggregate, or by the private
sector of $100,000,000 or more in any one year. Though this rule will
not result in such an expenditure, we do discuss the effects of this
rule elsewhere in this preamble. No comments were received on this
subject.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights. No comments were received on this subject.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden. No comments were received on
this subject.

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. No comments were
received on this subject.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211. No comments were received on this subject.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards. No comments were
received on this subject.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing,
disestablishing, or changing Regulated Navigation Areas. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.

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

Sec.  165.1325  Regulated Navigation Areas; Bars Along the Coasts of
Oregon and Washington.

    (a) Regulated navigation areas. Each of the following areas is a
regulated navigation area:
    (1) Quillayute River Entrance, Wash.: From the west end of James
Island 47[deg]54'23'' N., 124[deg]39'05'' W. southward to buoy No. 2 at
47[deg]53'42'' N., 124[deg]38'42'' W. eastward to the shoreline at
47[deg]53'42'' N., 124[deg]37'51'' W., thence northward along the
shoreline to 47[deg]54'29'' N., 124[deg]38'20'' W. thence northward to
47[deg]54'36'' N., 124[deg]38'22'' W. thence westward to the beginning.
    (2) Grays Harbor Entrance, Wash.: From a point on the shoreline at
46[deg]59[min]00[sec] N., 124[deg]10[min]10[sec] W. westward to
46[deg]59[min]00[sec] N., 124[deg]15[min]30[sec] W. thence southward to
46[deg]51[min]00[sec] N., 124[deg]15[min]30[sec] W. thence eastward to
a point on the shoreline at 46[deg]51[min]00[sec] N.,
124[deg]06[min]40[sec] W. thence northward along the shoreline to a
point at the south jetty 46[deg]54[min]20[sec] N.,
124[deg]08[min]07[sec] W. thence eastward to 46[deg]54[min]10[sec] N.,
124[deg]05[min]00[sec] W. thence northward to 46[deg]55[min]00[sec] N.,
124[deg]03[min]30[sec] W. thence northwestward to Damon Point at
46[deg]56[min]50[sec] N., 124[deg]06[min]30[sec] W. thence westward
along the north shoreline of the harbor to the north jetty at
46[deg]55[min]40[sec] N., 124[deg]10[min]27[sec] W. thence northward
along the shoreline to the beginning.
    (3) Willapa Bay, Wash.: From a point on the shoreline at
46[deg]46[min]00[sec] N., 124[deg]05[min]40[sec] W. westward to
46[deg]44[min]00[sec] N., 124[deg]10[min]45[sec] W. thence eastward to
a point on the shoreline at 46[deg]35[min]00[sec] N.,
124[deg]03[min]45[sec] W. thence northward along the shoreline around
the north end of Leadbetter Point thence southward along the east
shoreline of Leadbetter Point to 46[deg]36[min]00[sec] N.,
124[deg]02[min]15[sec] W. thence eastward to 46[deg]36[min]00[sec] N.,
124[deg]00[min]00[sec] W. thence northward to Toke point at
46[deg]42[min]15[sec] N., 123[deg]58[min]00[sec] W. thence westward
along the north shoreline of the harbor and northward along the seaward
shoreline to the beginning.
    (4) Columbia River Bar, Wash.-Oreg.: From a point on the shoreline
at 46[deg]18[min]00[sec] N., 124[deg]04[min]39[sec] W. thence westward
to 46[deg]18[min]00[sec] N., 124[deg]09[min]30[sec] W. thence southward
to 46[deg]12[min]00[sec] N., 124[deg]09[min]30[sec] W. thence eastward
to a point on the shoreline at 46[deg]12[min]00[sec] N.,
123[deg]59[min]33[sec] W. thence eastward to Tansy Point Range Front
Light at 46[deg]11[min]16[sec] N., 123[deg]55[min]05[sec] W.; thence
northward to Chinook Point at 46[deg]15[min]08[sec] N.,
123[deg]55[min]25[sec] W. thence northwestward to the north end of Sand
Island at

46[deg]17[min]29[sec] N., 124[deg]01[min]25[sec] W. thence
southwestward to a point on the north shoreline of the harbor at
46[deg]16[min]25[sec] N., 124[deg]02[min]28[sec] W. thence
northwestward and southwestward along the north shoreline of the harbor
and northward along the seaward shoreline to the beginning.
    (5) Nehalem River Bar, Oreg.: From a point on the shoreline
45[deg]41[min]25[sec] N., 123[deg]56[min]16[sec] W. thence westward
45[deg]41[min]25[sec] N., 123[deg]59[min]00[sec] W. thence southward to
45[deg]37[min]25[sec] N., 123[deg]59[min]00[sec] W. thence eastward to
a point on the shoreline at 45[deg]37[min]25[sec] N.,
123[deg]56[min]38[sec] W. thence northward along the shoreline to the
north end of the south jetty at 45[deg]39[min]40[sec] N.,
123[deg]55[min]45[sec] W. thence westward to a point on the shoreline
at 45[deg]39[min]45[sec] N., 123[deg]56[min]19[sec] W. thence northward
along the shoreline to the beginning.
    (6) Tillamook Bay Bar, Oreg.: From a point on the shoreline at
45[deg]35[min]15[sec] N., 123[deg]57[min]05[sec] W. thence westward
45[deg]35[min]15[sec] N., 124[deg]00[min]00[sec] W. thence southward to
45[deg]30[min]00[sec] N., 124[deg]00[min]00[sec] W. thence eastward to
a point on the shoreline at 45[deg]30[min]00[sec] N.,
123[deg]57[min]40[sec] W. thence northward along the shoreline to the
north end of Kincheloe Point at 45[deg]33[min]30[sec] N.,
123[deg]56[min]05[sec] W. thence northward to a point on the north
shoreline of the harbor at 45[deg]33[min]40[sec] N.,
123[deg]55[min]59[sec] W. thence westward along the north shoreline of
the harbor then northward along the seaward shoreline to the beginning.
    (7) Netarts Bay Bar, Oreg.: From a point on the shoreline at
45[deg]28[min]05[sec] N. thence westward to 45[deg]28[min]05[sec] N.,
124[deg]00[min]00[sec] W. thence southward to 45[deg]24[min]00[sec] N.,
124[deg]00[min]00[sec] W. thence eastward to a point on the shoreline
at 45[deg]24[min]00[sec] N., 123[deg]57[min]45[sec] W. thence northward
along the shoreline to 45[deg]26[min]03[sec] N., 123[deg]57[min]15[sec]
W. thence eastward to a point on the north shoreline of the harbor at
45[deg]26[min]00[sec] N., 123[deg]56[min]57[sec] W. thence northward
along the shoreline to the beginning.
    (8) Siletz Bay Bar, Oreg.: From a point on the shoreline at
44[deg]56[min]32[sec] N., 124[deg]01[min]29[sec] W. thence westward to
44[deg]56[min]32[sec] N., 124[deg]03[min]00[sec] W. thence southward to
44[deg]54[min]40[sec] N., 124[deg]03[min]15[sec] W. thence eastward to
a point on the shoreline at 44[deg]54[min]40[sec] N.,
124[deg]01[min]55[sec] W. thence northward along the shoreline to
44[deg]55[min]35[sec] N., 124[deg]01[min]25[sec] W. thence northward to
a point on the north shoreline of the harbor at 44[deg]55[min]45[sec]
N., 124[deg]01[min]20[sec] W. thence westward and northward along the
shoreline to the beginning.
    (9) Depoe Bay Bar, Oreg.: From a point on the shoreline at
44[deg]49[min]15[sec] N., 124[deg]04[min]00[sec] W. thence westward to
44[deg]49[min]15[sec] N., 124[deg]04[min]35[sec] W. thence southward to
44[deg]47[min]55[sec] N., 124[deg]04[min]55[sec] W. thence eastward to
a point on the shoreline at 44[deg]47[min]53[sec] N.,
124[deg]04[min]25[sec] W. thence northward along the shoreline and
eastward along the south bank of the entrance channel to the highway
bridge thence northward to the north bank at the bridge thence westward
along the north bank of the entrance channel and northward along the
seaward shoreline to the beginning.
    (10) Yaquina Bay Bar, Oreg.: From a point on the shoreline at
44[deg]38[min]11[sec] N., 124[deg]03[min]47[sec] W. thence westward to
44[deg]38[min]11[sec] N., 124[deg]05[min]55[sec] W. thence southward to
44[deg]35[min]15[sec] N., 124[deg]06[min]05[sec] W. thence eastward to
a point on the shoreline at 44[deg]35[min]15[sec] N.,
124[deg]04[min]02[sec] W. thence northward along the shoreline and
eastward along the south bank of the entrance channel to the highway
bridge thence northward to the north bank of the entrance channel at
the bridge thence westward along the north bank of the entrance channel
and northward along the seaway shoreline to the beginning.
    (11) Siuslaw River Bar, Oreg.: From a point on the shoreline at
44[deg]02[min]00[sec] N., 124[deg]08[min]00[sec] W. thence westward to
44[deg]02[min]00[sec] N., 124[deg]09[min]30[sec] W. thence southward to
44[deg]00[min]00[sec] N., 124[deg]09[min]30[sec] W. thence eastward to
a point on the shoreline at 44[deg]00[min]00[sec] N.,
124[deg]08[min]12[sec] W. thence northward along the shoreline and
southward along the west bank of the entrance channel to
44[deg]00[min]35[sec] N., 124[deg]07[min]48[sec] W. thence
southeastward to a point on the east bank of the entrance channel at
44[deg]00[min]20[sec] N., 124[deg]07[min]31[sec] W. thence northward
along the east bank of the entrance channel and northward along the
seaward shoreline to the beginning.
    (12) Umpqua River Bar, Oreg.: From a point on the shoreline at
43[deg]41[min]20[sec] N., 124[deg]11[min]58[sec] W. thence westward to
3[deg]41[min]20[sec] N., 124[deg]13[min]32[sec] W. thence southward to
43[deg]38[min]35[sec] N., 124[deg]14[min]25[sec] W. thence eastward to
a point on the shoreline at 43[deg]38[min]35[sec] N.,
124[deg]12[min]35[sec] W. thence northward along the shoreline to light
``8'' at 43[deg]40[min]57[sec] N., 124[deg]11[min]13[sec] W. thence
southwestward to a point on the west bank of the entrance channel at
43[deg]40[min]52[sec] N., 124[deg]11[min]34[sec] W. thence
southwestward along the west bank of the entrance channel thence
northward along the seaward shoreline to the beginning.
    (13) Coos Bay Bar, Oreg.: From a point on the shoreline at
43[deg]22'15'' N., 124[deg]19'34'' W. thence westward to 43[deg]22'20''
N., 124[deg]22'28'' W. thence southwestward to 43[deg]21'00'' N.,
124[deg]23'35'' W. thence southeastward to a point on the shoreline at
43[deg]20'25'' N., 124[deg]22'28'' W. thence northward along the
shoreline and eastward along the south shore of the entrance channel to
a point on the shoreline at 43[deg]20'52'' N., 124[deg]19'12'' W.
thence eastward to a point on the east shoreline of the harbor at
43[deg]21'00'' N., 124[deg]18'50'' W. thence northward to a point on
the west shoreline of the harbor at 43[deg]21'45'' N., 124[deg]19'10''
W. thence south and west along the west shoreline of the harbor thence
northward along the seaward shoreline to the beginning.
    (14) Coquille River Bar, Oreg.: From a point on the shoreline at
43[deg]08'25'' N., 124[deg]25'04'' W. thence southwestward to
43[deg]07'50'' N., 124[deg]27'05'' W. thence southwestward to
43[deg]07'03'' N., 124[deg]28'25'' W. thence eastward to a point on the
shoreline at 43[deg]06'00'' N., 124[deg]25'55'' W. thence northward
along the shoreline and eastward along the south shoreline of the
channel entrance to 43[deg]07'17'' N., 124[deg]25'00'' W. thence
northward to the east end of the north jetty at 43[deg]07'24'' N.,
124[deg]24'59'' W. thence westward along the north shoreline of the
entrance channel and northward along the seaward shoreline to the
beginning.
    (15) Rogue River Bar, Oreg.: From a point on the shoreline at
42[deg]26'25'' N., 124[deg]26'03'' W. thence westward to 42[deg]26'10''
N., 124[deg]27'05'' W. thence southward to 42[deg]24'15'' N.,
124[deg]27'05'' W. thence eastward to a point on the shoreline at
42[deg]24'15'' N., 124[deg]25'30'' W. thence northward along the
shoreline and eastward along the south shoreline of the entrance
channel to the highway bridge thence northward across the inner harbor
jetty to a point on the north shoreline of the entrance channel at the
highway bridge thence westward along the north shoreline of the
entrance channel thence northward along the seaward shoreline to the
beginning.
    (16) Chetco River Bar, Oreg.: From a point on the shoreline at
42[deg]02'35'' N., 124[deg]17'20'' W. thence southeastward to
42[deg]01'45'' N., 124[deg]16'30'' W. thence northwestward to a point
on the shoreline at 42[deg]02'10'' N., 124[deg]15'35'' W. thence
northwestward along the shoreline thence northward along the east
shoreline of the channel entrance to 42[deg]02'47'' N., 124[deg]16'03''
W. thence northward along the west face of the inner jetty and east
shoreline of the channel entrance to the highway bridge thence westward
to the west shoreline of the channel at the highway bridge thence
southward along the west shoreline of the channel thence westward along
the seaward shoreline to the beginning.
    (b) Definitions. For the purposes of this section:
    (1) Bar closure means that the operation of any vessel within a
regulated navigation area established in

paragraph (a) of this section has been prohibited by the Coast Guard.
    (2) Bar crossing plan (also known as a Go/No-Go plan) means a plan
developed by local industry professionals, in coordination with the
Coast Guard, for a bar within a regulated navigation area established
in paragraph (a) of this section and adopted by the master or operator
of a small passenger vessel to guide his vessel's operations on and in
the vicinity of that bar.
    (3) Bar restriction means that operation of a recreational or
uninspected passenger vessel within a regulated navigation area
established in paragraph (a) of this section has been prohibited by the
Coast Guard.
    (4) Commercial fishing industry vessel means a fishing vessel, fish
tender vessel, or a fish processing vessel.
    (5) Designated representative means any Coast Guard commissioned,
warrant, or petty officer that has been authorized by the Captain of
the Port to act on his behalf.
    (6) Fish processing vessel means a vessel that commercially
prepares fish or fish products other than by gutting, decapitating,
gilling, skinning, shucking, icing, freezing, or brine chilling.
    (7) Fish tender vessel means a vessel that commercially supplies,
stores, refrigerates, or transports fish, fish products, or materials
directly related to fishing or the preparation of fish to or from a
fishing, fish processing, or fish tender vessel or a fish processing
facility.
    (8) Fishing vessel means a vessel that commercially engages in the
catching, taking, or harvesting of fish or an activity that can
reasonably be expected to result in the catching, taking, or harvesting
of fish.
    (9) Readily accessible means equipment that is taken out of stowage
and is available within the same space as any person for immediate use
during an emergency.
    (10) Recreational vessel is any vessel manufactured or used
primarily for non-commercial use or leased, rented, or chartered to
another for the latter's non-commercial use. It does not include a
vessel engaged in carrying paying passengers.
    (11) Small passenger vessel means a vessel inspected under 46 CFR
subchapter T or 46 CFR subchapter K.
    (12) Uninspected passenger vessel means an uninspected vessel--
    (i) Of at least 100 gross tons;
    (A) Carrying not more than 12 passengers, including at
    least one passenger-for-hire; or
    (B) That is chartered with the crew provided or specified by the
owner or the owner's representative and carrying not more than 12
passengers; or
    (ii) Of less than 100 gross tons;
    (A) Carrying not more than six passengers, including at least one
passenger-for-hire; or
    (B) That is chartered with the crew provided or specified by the
owner or the owner's representative and carrying not more than six
passengers.
    (13) Unsafe condition exists when the wave height within a
regulated navigation area identified in paragraph (a) of this section
is equal to or greater than the maximum wave height determined by the
formula L/10 + F = W where:

L = Overall length of a vessel measured in feet in a straight
horizontal line along and parallel with the centerline between the
intersections of this line with the vertical planes of the stem and
stern profiles excluding deckhouses and equipment.
F = The minimum freeboard when measured in feet from the lowest
point along the upper strake edge to the surface of the water.
W = Maximum wave height in feet to the nearest highest whole number.

    (c) Regulations--(1) (i) Bar restriction. Passage across the bars
located in the regulated navigation areas established in paragraph (a)
of this section will be restricted for recreational and uninspected
passenger vessels as determined by the Captain of the Port (COTP) or
his designated representative. In making this determination, the COTP
or his designated representative will determine whether an unsafe
condition exists for such vessels as defined in paragraph (b) of this
section. Additionally, the COTP or his designated representative will
use their professional maritime experience and knowledge of local
environmental conditions in making their determination. Factors that
will be considered include, but are not limited to: size and type of
vessel, sea state, winds, wave period, and tidal currents. When a bar
is restricted, the operation of recreational and uninspected passenger
vessels in the regulated navigation area established in paragraph (a)
of this section in which the restricted bar is located is prohibited
unless specifically authorized by the COTP or his designated
representative.
    (ii) Bar closure. The bars located in the regulated navigation
areas established in paragraph (a) of this section will be closed to
all vessels whenever environmental conditions exceed the operational
limitations of the relevant Coast Guard search and rescue resources as
determined by the COTP. When a bar is closed, the operation of any
vessel in the regulated navigation area established in paragraph (a) of
this section in which the closed bar is located is prohibited unless
specifically authorized by the COTP or his designated representative.
For bars having deep draft vessel access, the COTP will consult with
the local pilots association, when practicable, prior to closing the
affected bar.
    (iii) The Coast Guard will notify the public of bar restrictions
and bar closures via a Broadcast Notice to Mariners on VHF-FM Channel
165 and 22A. Additionally, Coast Guard personnel may be on-scene to
advise the public of any bar restrictions and/or closures.
    (2) Safety Requirements for Recreational Vessels. The operator of
any recreational vessel operating in a regulated navigation area
established in paragraph (a) of this section shall ensure that whenever
their vessel is being towed or escorted across a bar by the Coast Guard
all persons located in any unenclosed areas of their vessel are wearing
lifejackets and that lifejackets are readily accessible for/to all
persons located in any enclosed areas of their vessel.
    (3) Safety Requirements for Uninspected Passenger Vessels (UPV).
(i) The master or operator of any uninspected passenger vessel
operating in a regulated navigation area established in paragraph (a)
of this section shall ensure that all persons located in any unenclosed
areas of their vessel are wearing lifejackets and that lifejackets are
readily accessible for/to all persons located in any enclosed areas of
their vessel:
    (A) When crossing the bar and a bar restriction exists for
recreational vessels of the same length or
    (B) Whenever their vessel is being towed or escorted across the bar
by the Coast Guard.
    (ii) The master or operator of any uninspected passenger vessel
operating in a regulated navigation area established in paragraph (a)
of this section during the conditions described in paragraph
(c)(3)(i)(A) of this section shall contact the Coast Guard on VHF-FM
Channel 22A prior to crossing the bar between sunset and sunrise. The
master or operator shall report the following:
    (A) Vessel name,
    (B) Vessel location or position,
    (C) Number of persons onboard the vessel, and
    (D) Vessel destination.
    (4) Safety Requirements for Small Passenger Vessels (SPV).
    (i) The master or operator of any small passenger vessel operating
in a

regulated navigation area established in paragraph (a) of this section
shall ensure that all persons located in any unenclosed areas of their
vessel are wearing lifejackets and that lifejackets are readily
accessible for/to all persons located in any enclosed areas of their
vessel:
    (A) When crossing the bar and a bar restriction exists for
recreational vessels or uninspected passenger vessels of the same
length or
    (B) Whenever their vessel is being towed or escorted across the bar
by the Coast Guard.
    (ii) Small passenger vessels with bar crossing plans that have been
reviewed by and accepted by the Officer in Charge, Marine Inspection
(OCMI) are exempt from the safety requirements provided in paragraph
(c)(4)(i) of this section during the conditions described in paragraph
(c)(4)(i)(A) of this section so long as when crossing the bar the
master or operator ensures that all persons on their vessel wear
lifejackets in accordance with their bar crossing plan. If the vessel's
bar crossing plan does not specify the conditions when the persons on
their vessel must wear lifejackets, however, then the master or
operator must comply with the safety requirements provided in paragraph
(c)(4)(i) of this section in their entirety.
    (iii) The master or operator of any small passenger vessel
operating in a regulated navigation area established in paragraph (a)
of this section during the conditions described in paragraph
(c)(4)(i)(A) of this section shall contact the Coast Guard on VHF-FM
Channel 22A prior to crossing the bar between sunset and sunrise. The
master or operator shall report the following:
    (A) Vessel name,
    (B) Vessel location or position,
    (C) Number of persons onboard the vessel, and
    (D) Vessel destination.
    (5) Safety Requirements for Commercial Fishing Vessels (CFV). (i)
The master or operator of any commercial fishing vessel operating in a
regulated navigation area established in paragraph (a) of this section
shall ensure that all persons located in any unenclosed areas of their
vessel are wearing lifejackets or immersion suits and that lifejackets
or immersion suits are readily accessible for/to all persons located in
any enclosed spaces of their vessel:
    (A) When crossing the bar and a bar restriction exists for
recreational vessels or uninspected passenger vessels of the same
length or
    (B) Whenever their vessel is being towed or escorted across the bar
by the Coast Guard.
    (ii) The master or operator of any commercial fishing vessel
operating in a regulated navigation area established in paragraph (a)
of this section during the conditions described in paragraph
(c)(5)(i)(A) of this section shall contact the Coast Guard on VHF-FM
Channel 22A prior to crossing the bar between sunset and sunrise. The
master or operator shall report the following:
    (A) Vessel name,
    (B) Vessel location or position,
    (C) Number of persons onboard the vessel, and
    (D) Vessel destination.
    (6) All persons and vessels within the regulated navigation areas
established in paragraph (a) of this section must comply with the
orders of Coast Guard personnel. Coast Guard personnel include
commissioned, warrant, and petty officers of the United States Coast
Guard.

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

BILLING CODE 4910-15-P