[Federal Register: April 16, 2004 (Volume 69, Number 74)]
[Rules and Regulations]
[Page 20545-20546]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap04-8]
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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, California
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, 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 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 Naval Base Ventura County, Port Hueneme,
California. According to Oxnard Harbor District staff, more informal
advanced notification procedures similar to those proposed have been in
place for quite some time. Pursuant to Federal regulations at 33 CFR
165, the U.S. Coast Guard has imposed a temporary security zone that
requires advanced notification requirements for all vessels entering
Port Hueneme Harbor until establishment of this restricted area. The
restricted area will 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 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 additional 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.
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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
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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).
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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 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
[[Page 20546]]
contacting ``Control 1'' via telephone at (805) 982-3938 prior to
crossing the COLREGS demarcation line. The COLREGS demarcation line is
defined as a 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 latitude 34[deg]8'34.8'' N., longitude 119[deg]12'43.2''
W. (NAD83).
(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. 04-8602 Filed 4-15-04; 8:45 am]
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