[Federal Register: April 16, 2004 (Volume 69, Number 74)]
[Rules and Regulations]
[Page 20546-20547]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap04-9]
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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,
Point Mugu, CA
AGENCY: United States Army Corps of Engineers, DoD.
ACTION: Final rule.
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SUMMARY: The U.S. Army Corps of Engineers is amending its regulations
to establish a restricted area in waters adjacent to Naval Base Ventura
County, Point Mugu, California. This amendment would prohibit vessels
from entering a six-mile-long by one-quarter-mile-wide section of the
Pacific Ocean along the shoreline between the up-coast limit and the
down-coast limit of Point Mugu without first obtaining permission from
the Commanding Officer of Naval Base Ventura County. This amendment is
necessary to safeguard U.S. Navy vessels and U.S. Government facilities
from sabotage and other subversive acts, accidents, or incidents of
similar nature.
EFFECTIVE DATE: May 17, 2004.
ADDRESSES: 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) 761-1075, 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 is proposing to amend the restricted area
regulations in 33 CFR part 334 by establishing a restricted area in
waters of the U.S. adjacent to Point Mugu, California. The proposed
restricted area would permanently establish formal advanced
notification procedures for all vessels seeking to enter a six-mile-
long by one-quarter-mile-wide section of the Pacific Ocean along the
shoreline between the up-coast limit and the down-coast limit of Point
Mugu.
Procedural Requirements
a. Review Under Executive Order 12866
This 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 rule has been reviewed under the Regulatory Flexibility Act
(Public Law 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
businesses and small governments). The Corps 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
will have no significant economic impact on small entities.
c. Review Under the National Environmental Policy Act
The Los Angeles District has prepared an Environmental Assessment
(EA) for this action. The District has concluded, based on the minor
nature of the addition of this restricted area, that this action will
not have a significant impact to the quality of the human environment,
and preparation of an Environmental Impact Statement (EIS) is not
required. The EA may be reviewed at the Los Angeles District office
listed at the end of FOR FURTHER INFORMATION CONTACT, 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 will not be significantly and uniquely affected by
this rulemaking.
e. Submission to Congress and the General Accounting Office
Pursuant to section 801(a)(1)(A) of the Administrative Procedure
Act, as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, the Army has submitted a report containing this Rule to
the U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the General Accounting Office. This Rule is not a major Rule
within the meaning of section 804(2) of the Administrative Procedure
Act, as amended.
List of Subjects in 33 CFR Part 334
Danger zones, Marine safety, Navigation (water), Restricted areas,
Waterways.
0
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
0
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).
0
2. Section 334.1126 is added to read as follows:
Sec. 334.1126 Naval Base Ventura County, Point Mugu, California;
Restricted Area.
(a) The area. The restricted area at Naval Base Ventura County
Point Mugu incorporates its shoreline and connects the following
points: latitude 34[deg]7'9.9'', longitude 119[deg]9'35.6'' (up-coast
shoreline point); latitude 34[deg]7'0.0'', longitude 119[deg]9'46.7''
latitude 34[deg]6'44.9'', longitude 119[deg]9'22.5''; latitude
34[deg]6'30.2'', longitude 119[deg]8'59.0''; latitude 34[deg]6'20.5'',
longitude 119[deg]8'46.7''; latitude 34[deg]6'8.4'', longitude
119[deg]8'25.2''; latitude 34[deg]5'53.7''; longitude 119[deg]7'59.5'';
latitude 34[deg]5'45.9'', longitude 119[deg]7'41.5''; latitude
34[deg]5'40.1'', longitude 119[deg]7'21.0''; latitude 34[deg]5'33.6'',
longitude 119[deg]6'58.1''; latitude 34[deg]5'31.2'', longitude
119[deg]6'37.9''; latitude 34[deg]5'31.0'', longitude 119[deg]6'22.2'';
latitude 34[deg]5'32.9'', longitude 119[deg]6'14.4''; latitude;
34[deg]5'44.7'', longitude 119[deg]5'54.0''; latitude 34[deg]5'45.2'',
longitude 119[deg]5'43.5''; latitude 34[deg]5'41.0'', longitude
119[deg]5'21.2'';
[[Page 20547]]
latitude 34[deg]5'42.2'', longitude 119[deg]5'13.3''; latitude
34[deg]5'27.8'', longitude 119[deg]4'49.5''; latitude 34[deg]5'17.9'',
longitude 119[deg]4'27.9''; latitude 34[deg]5'5.7'', longitude
119[deg]3'59.90''; latitude; 34[deg]5'17.9'', longitude
119[deg]3'55.4'' (down-coast shoreline point).
(b) The regulation. No vessels may enter the restricted area unless
permission is obtained in advance from the Commanding Officer of Naval
Base Ventura County. Contact Naval Base Ventura County Security at
(805) 989-7907.
(c) Enforcement. The regulation in this section, promulgated by the
United States Army Corps of Engineers, shall be enforced by the
Commanding Officer of Naval Base Ventura County, and such agencies or
persons as he/she may designate.
Dated: March 11, 2004.
Michael B. White,
Chief, Operations, Directorate of Civil Works.
[FR Doc. 04-8601 Filed 4-15-04; 8:45 am]
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