[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Proposed Rules]
[Pages 5592-5593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02503]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0338]


Regulated Navigation Areas; Harbor Entrances Along the Coast of 
Northern California

AGENCY: Coast Guard, DHS.

ACTION: Request for comments.

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SUMMARY: The Coast Guard requests public comments on the potential 
establishment of Regulated Navigation Areas (RNAs) at the harbor 
entrance bars to Crescent Harbor, Humboldt Bay, Noyo River, and Morro 
Bay. In order to mitigate potential hazards and provide transparent 
communication with all mariners during hazardous weather conditions, 
this proposed RNA regulation would provide predictable protocols to 
mariners for potential restriction to traffic and conditions that 
prohibit vessels from entering a specified area surrounding each bar 
during hazardous weather conditions unless authorized by Commander, 
District Eleven or a designated representative. We seek your comments 
on what you believe to be the potential benefit or possible negative 
impact if we were to establish RNAs at these harbor entrances. We 
welcome all suggestions, ideas, and solutions for maintaining mariner 
and vessel safety during adverse weather and sea conditions at these 
harbor entrances.

DATES: Your comments and related material must reach the Coast Guard on 
or before March 12, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0338 using the Federal portal at http://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 
notice of inquiry, call or email Lieutenant Colleen Ryan, Coast Guard 
District Eleven, Waterways Management; telephone 510-437-5984, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
RNA Regulated Navigation Area
U.S.C. United States Code
Sec.  Section Symbol

II. Background and Purpose

    Since 1998 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 their 
vessels transiting the Crescent Harbor, Humboldt Bay, Noyo River, and 
Morro Bay harbor entrances during hazardous bar conditions. These 
emergency safety zones promulgated policies and procedures for closing 
the bar to vessel traffic, while also providing parameters and 
procedures for waiver requests. The use and application of emergency 
safety zones to accomplish the required risk mitigation does not 
provide advance notice, consistency, or predictability of Coast Guard 
actions to mariners; nor do safety zones allow for the promulgation of 
additional safety requirements to mitigate risk of necessary transits 
of the harbor bars. The RNAs under consideration would define the 
parameters and implementation procedures for restricting access to the 
applicable areas during hazardous conditions and define safety 
requirements for vessels operating within the RNAs.
    The current protocols for restricting traffic in the vicinity of 
the Crescent City, Humboldt Bay, Noyo River, and Morro Bay harbor bar 
entrances are insufficient and do not provide consistency and 
predictability to the mariner, or allow for the establishment of bar 
crossing safety measures. The existing warning promulgation process is 
comprised of emergency safety zone implementation which, due to the 
emergent nature of heavy weather does not allow for advance notice and 
does not adequately ensure the safety of persons and vessels operating 
in those areas during heavy weather. Bars along the northern California 
coast experience severe wave, sea, and current conditions similar to 
the conditions that have contributed to various marine casualties along 
the northern Pacific coast. Coast Guard and National Transportation 
Safety Board (NTSB) casualty investigations identified a need for 
specific regulations to mitigate these risks to ensure the safety of 
the mariners and vessels operating in the vicinity of bars (see NTSB, 
Safety Recommendation M-05-009 at http://www.ntsb.gov/investigations/AccidentReports/_layouts/ntsb.recsearch/Recommendation.asp:Rec=M-05-009).
    On October 17, 2005, in a written response to the NTSB M-05-009 
recommendation, the Coast Guard articulated its intention to develop 
written policies for transiting west coast bars and inlets. We consider 
access restrictions within a defined RNA to be the best method to 
ensure mariner and vessel safety when adverse weather and sea 
conditions make crossing the bar at harbor entrances especially 
dangerous. In November 2009, the Thirteenth Coast Guard District 
published a final rule (74 FR 59098, Nov. 17, 2009) to mitigate bar 
transit risks that addressed NTSB recommendations M-05-009 and M-05-
010. The Eleventh Coast Guard District is considering drafting a 
proposal for a rule similar to 33 CFR 165.1325 to provide 
predictability to local mariners regarding restrictions on navigation 
in the vicinity of Crescent City, Humboldt Bay, Noyo River, and Morro 
Bay harbor bar entrances based on weather, sea, tide, and river 
conditions. Such a regulation would establish predictable sea and 
weather conditions that will set a ``Go/No-go'' standard for 
restricting recreational, commercial fishing, and passenger vessel 
access to the RNA.

III. Information Requested

    Through this request for information, the Coast Guard seeks 
comments and information for agency consideration and to inform any 
future establishment of RNAs that would create bar closure conditions 
as well as regulate vessel bar transits during hazardous bar conditions 
for all recreational, commercial fishing, and passenger vessels. The 
Coast Guard requests and encourages open discussion and candid feedback 
on the possibility of establishing RNAs for Crescent City, Humboldt 
Bay, Noyo River, and Morro Bay harbor bar entrances. The following 
considerations warrant special attention:
     Weather and sea conditions at the bars that the maritime 
community considers a risk to safe navigation for

[[Page 5593]]

recreational vessels, passenger vessels, fishing vessels and deep draft 
vessel;
     The economic impact of bar closures and restrictions on 
the maritime community; and
     Preferred methods of notification for bar restrictions and 
closures.

IV. Public Participation and Request for Comments

    We encourage you to submit comments through the Federal portal at 
http://www.regulations.gov. If your material cannot be submitted using 
http://www.regulations.gov, contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this document for alternate 
instructions. In your submission, please include the docket number for 
this notice of inquiry and provide a reason for each suggestion or 
recommendation.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    All public comments will be available in our online docket at 
http://www.regulations.gov and can be viewed by following that 
website's instructions.
    This document is issued under authority of 33 U.S.C. 1231.

    Dated: February 1, 2018.
James B. Pruett,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard 
District.
[FR Doc. 2018-02503 Filed 2-7-18; 8:45 am]
 BILLING CODE 9110-04-P


