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On June 14, 2003, the small passenger vessel Taki-Tooo, a U.S. charter fishing vessel with 2 crewmen and 17 passengers on board, was en route from Garibaldi, Oregon, to the Pacific Ocean for a day of fishing. A small craft advisory was in effect for the northern Oregon and southern Washington coasts, and personnel at U.S. Coast Guard Station Tillamook Bay, after assessing the hazardous conditions at the inlet, had activated the rough bar warning signs, restricting any transit attempts across the bar by recreational boats and uninspected passenger vessels. The restriction, however, did not apply to inspected small passenger vessels such as charter boats like the Taki-Tooo.
TO THE U.S. COAST GUARD: Require that owners of small passenger vessels operating within Coast Guard-designated surf stations and regulated boating areas on the West Coast develop and implement written go/no-go policies, based on risk-management principles, regarding transiting bars and inlets.
Original recommendation transmittal letter:
Closed - Acceptable Action
Pacific Ocean, OR, United States
Capsizing of U.S. Small Passenger Vessel
Addressee(s) and Addressee Status:
USCG (Closed - Acceptable Action)
Safety Recommendation History
NMC# 103378: The NTSB has reviewed the final rule published at 74 Federal Register 59098 on November 17, 2009, establishing regulated navigation areas (RNA) for bars along the coasts of Oregon and Washington under 33 Code of Federal Regulations (CFR) Part 165. The NTSB is pleased that the final rule, which became effective on December 17, 2009, requires owners and operators of small passenger vessels that cross bars and inlets in regulated boating areas and Coast Guard designated Washington and Oregon coast ports with rough bars to develop and implement written go/no-go policies. The final rule further requires that the master or operator of any small passenger vessel ensure that all persons located in any unenclosed areas of the vessel are wearing lifejackets and that lifejackets are immediately available for/to all persons located in any enclosed areas of the 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. An exemption exists for small passenger vessels with a bar crossing plan reviewed and accepted by the Officer in Charge, Marine Inspection, from the safety requirements so long as the master or operator ensures that all persons on the vessel wear lifejackets in accordance with the bar crossing plan. If the vessel’s bar crossing plan does not specify when the persons on the vessel must wear lifejackets, however, then the master or operator must comply with the safety requirements provided in the RNA regulations. The NTSB further notes that the Coast Guard has established channel 22A VHF radio as the checking-in frequency (as opposed to channel 16 VHF) for vessels operating in these areas. The final rule fully satisfies Safety Recommendations M-05-9 and -10; accordingly, these recommendations are classified Closed Acceptable Action.
The NTSB notes that the Coast Guard published a notice of proposed rulemaking (NPRM) at 74 Federal Register 7022 on February 12, 2009, proposing regulated navigation areas (RNA) for bars along the coasts of Oregon and Washington under 33 Code of Federal Regulations (CFR) Part 165, requiring owners and operators of small passenger vessels that cross bars and inlets in regulated boating areas and Coast Guard designated Washington and Oregon coast ports with rough bars to develop and implement written go/no-go policies. This rule, if finalized as proposed, will satisfy the recommendation; accordingly, Safety Recommendation M-05-9 is classified OPEN -- ACCEPTABLE RESPONSE pending completion of the rulemaking.
Letter Mail Controlled 2/20/2009 11:16:05 AM MC# 2090085 - From Walter D. Rabe, United States Coast Guard: In a Notice of Proposed Rulemaking (NPRM) (74 FR 7022) published on February 12, 2009, we propose Regulated Navigation Areas (RNA) for bars along the Coasts of Oregon and Washington under 33 CFR Part 165. The purpose of the proposed rule is to help ensure the safety of, and reduce the risk to, the persons and vessels that operate on and in the vicinity of the bars along the coasts of Oregon and Washington, The proposed rule will do so by establishing clear procedures for restricting and/or closing the bars and mandating additional safety requirements for recreational and small commercial vesscls operating on or in the vicinity of the bars when certain conditions exist. The formcr will help cxpedite bar rcstrictions and closures as well as the mariner notification process which wiIl keep more vesscls away from hazardous bars. The Iatter will require the use and/or making ready of safety equipment as well as additional reporting requirements when certain conditions exist which will help ensure the safety of persons on vessels that are on or in the vicinity of hazardous bars. We will keep the Board informed of our progress on this recommendation.
The Safety Board notes that the Coast Guard will initiate a regulatory project to amend Title 46 Code of Federal Regulations (CFR) Subchapter T to require owners and operators of small passenger vessels that cross bars and inlets in regulated boating areas and Coast Guard-designated West Coast surf stations to develop and implement written go/no-go policies as described in Safety Recommendation M-05-9. Accordingly, this recommendation is classified OPEN -- ACCEPTABLE RESPONSE, pending issuance of the revised regulation.
Letter Mail Controlled 10/19/2005 9:19:54 AM MC# 2050487 10-17-05: - From T.H. Gilmour, Rear Admiral, Assistant Commandant for Marine Safety, Security and Environmental Protection: We concur with this recommendation. We will undertake a regulatory project to amend the regulations in 46 CFR Subchapter T to require owners/operators of small passenger vessels that cross bars and inlets in regulated boating areas and Coast Guard-designated west coast surf stations to develop and implement written go/no-go policies, based on risk management principles, for transiting the bars and inlets. We will keep the Board informed of our progress on this recommendation
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