[Federal Register: January 13, 2003 (Volume 68, Number 8)]
[Proposed Rules]
[Page 1791-1792]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja03-36]
[[Page 1791]]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
United States Navy Restricted Area, Naval Base Ventura County,
Port Hueneme, CA
AGENCY: United States Army Corps of Engineers, DoD.
ACTION: Notice of Proposed rulemaking and request for comments.
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SUMMARY: The U.S. Army Corps of Engineers is proposing to amend its
regulations to establish a new restricted area in waters adjacent to
Naval Base Ventura County, Port Hueneme, California. This amendment
would prohibit vessels and persons from entering Port Hueneme Harbor,
from the seaward ends of the two entrance jetties to the shoreline,
without first obtaining permission from the Captain of the Port or the
Commanding Officer of Naval Base Ventura County. This amendment is
necessary to safeguard U.S. Navy vessels and United States Government
facilities from sabotage and other subversive acts, accidents, or
incidents of a similar nature.
DATES: Written comments must be submitted on or before February 12,
2003.
ADDRESSES: Send comments to U.S. Army Corps of Engineers, ATTN: CECW-
OR, 441 G Street, NW., Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters
Regulatory Branch, Washington, DC at (202) 761-4618, or Mr. Mark D.
Cohen, Corps of Engineers, Los Angeles District, Regulatory Branch, at
(213) 452-3413.
SUPPLEMENTARY INFORMATION: Pursuant to its authorities in section 7 of
the River and Harbor Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and
chapter XIX, of the Army Appropriations Act of 1919 (40 Stat. 892; 33
U.S.C. 3) the Corps of Engineers is proposing to amend the restricted
area regulations in 33 CFR part 334 by adding a restricted area at
334.1127. More informal advanced notification procedures similar to
those proposed have been in place. In addition, pursuant to federal
regulations at 33 CFR 165, the U.S. Coast Guard has extended until June
15, 2003, a temporary security zone that imposes advanced notification
requirements for all vessels entering Port Hueneme Harbor. The U.S.
Coast Guard extended the effective period of the temporary security
zone to continue protecting U.S. Navy vessels and facilities at Port
Hueneme from vessel-borne threats until a permanent restricted area is
established. The proposed restricted area would permanently establish
formal advanced notification procedures for all vessels and persons
seeking to enter Port Hueneme Harbor landward of the seaward limits or
ends of the two entrance jetties.
Procedural Requirements
a. Review Under Executive Order 12866
This proposed rule is issued with respect to a military function of
the Defense Department and the provisions of executive order 12866 do
not apply.
b. Review Under the Regulatory Flexibility Act
This proposed rule has been reviewed under the Regulatory
Flexibility Act (Pub. L. 96-354) which requires the preparation of a
regulatory flexibility analysis for any regulation that will have a
significant economic impact on a substantial number of small entities
(i.e., small business and small governments). The Corps of Engineers
expects that the economic impact of this new restricted area would have
practically no impact on the public, no anticipated navigational hazard
or interference with existing waterway traffic and accordingly,
certifies that this proposal would have no significant economic impact
on small entities.
c. Review Under the National Environmental Policy Act
The Los Angeles District is in the process of preparing an
Environmental Assessment (EA) for this action. Although not expected at
this time, based on the minor nature of the proposed additional
restricted area regulations, an Environmental Impact Statement (EIS)
would be prepared if determined appropriate. When the NEPA
documentation is completed, it will be available for review at the Los
Angeles District office listed at the end of the FOR FURTHER
INFORMATION CONTACT paragraph, above.
d. Unfunded Mandates Act
This rule does not impose an enforceable duty among the private
sector and, therefore, is not a Federal private sector mandate and is
not subject to the requirements of section 202 or 205 of the Unfunded
Mandates Act. We have also found under section 203 of the Act, that
small governments would not be significantly and uniquely affected by
this rulemaking.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Navigation (water), Restricted areas,
Waterways.
For the reasons set out in the preamble, the Corps proposes to
amend 33 CFR part 334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
1. The authority citation for part 334 continues to read as
follows:
Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33
U.S.C. 3).
2. Section 334.1127 is added to read as follows:
Sec. 334.1127 Naval Base Ventura County, Port Hueneme, California;
Restricted Area.
(a) The area. The waters within Port Hueneme Harbor, beginning at
the seaward ends of the two Port Hueneme Harbor entrance jetties, with
the northwestern entrance jetty end occurring at latitude
34[deg]8'37.0'' N, longitude 119[deg]12'58.8'' W and the southeastern
entrance jetty occurring at latitude 34[deg]8'34.8'' N, longitude
119[deg]12'43.2'' W and extending northeasterly to the shoreline.
(b) The regulation. No vessels or persons may enter the restricted
area unless permission is obtained in advance from Captain of the Port
or the Commanding Officer of Naval Base Ventura County. Commercial
vessels that are required to make Advanced Notifications of Arrival
shall continue to do so. All vessels must obtain clearance from
``Control 1'' over marine radio channel 06 VHF-FM prior to crossing the
COLREGS (Collision Regulations) demarcation line. Vessels without
marine radio capability must obtain clearance in advance by contacting
``Control 1'' via telephone at (805) 982-3938 prior to crossing the
COLREGS demarcation line. The COLREGS demarcation line is defined as an
imaginary line approximately 1,500 feet in length connecting the
seaward limits or ends of the two Port Hueneme Harbor entrance jetties,
with the northwestern jetty end occurring at latitude 34[deg]8'37.0''
N, longitude 119[deg]12'58.8'' W and the southeastern entrance jetty
occurring at 34[deg]8'34.8'' N, longitude 119[deg]12'43.2'' W.
(c) Enforcement. The regulation in this section, promulgated by the
United States Army Corps of Engineers, shall be enforced by the
Commanding Officer of the U.S. Naval Base Ventura County, or any such
agencies or persons as he/she may designate.
[[Page 1792]]
Dated: December 31, 2002.
Lawrence A. Lang,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 03-562 Filed 1-10-03; 8:45 am]
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