[Federal Register Volume 67, Number 6 (Wednesday, January 9, 2002)]
[Rules and Regulations]
[Pages 1097-1099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-502]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 01-013]
RIN 2115-AA97


Security Zone; Port Hueneme Harbor, Ventura County, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a security zone covering all 
waters within Port Hueneme Harbor in Ventura County, CA. This security 
zone is needed for national security reasons to protect the Naval Base 
Ventura County and the commercial port from potential subversive acts. 
Entry into this zone is prohibited, unless specifically authorized by 
the Capitan of the Port Los Angeles-Long Beach, the Commanding Officer, 
Naval Base Ventura County, or their designated representatives.

DATES: The rule is effective from 12:01 a.m. PST on December 21, 2001 
to 11:59 p.m. PDT on June 15, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Los Angeles-Long Beach 01-013 and 
are available for inspection or copying at Coast Guard Marine Safety 
Office Los Angeles-Long Beach, 1001 South Seaside Avenue, Building 20, 
San Pedro, California, 90731, between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Ken O'Connor, Waterways 
Management, at (310) 732-2020.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM, which 
would incorporate a comment period before a final rule was issued, 
would be contrary to the public interest since immediate action is 
needed to protect the public, ports, and waterways of the United 
States. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. The Coast Guard will 
issue a broadcast notice to mariners advising of this new rule.

Background and Purpose

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center in New York and the Pentagon in Arlington, Virginia, there 
is an increased risk that further subversive activity may be launched 
against the United States. These terrorist acts have increased the need 
for safety and security measures on U.S. ports and waterways as further 
attacks may be launched from vessels within the area of Port Hueneme 
Harbor and the Naval Base Ventura County.
    In response to these terrorist acts, to prevent similar 
occurrences, and to protect the Naval Facilities at Port Hueneme Harbor 
and the Naval Base Ventura County, the Coast Guard is establishing a 
security zone in all waters within Port Hueneme Harbor. This security 
zone is necessary to prevent damage or injury to any vessel or 
waterfront facility, and to safeguard

[[Page 1098]]

ports, harbors, or waters of the United States in Port Hueneme Harbor, 
Ventura County, CA. Specifically this security zone prohibits all 
vessels from entering Port Hueneme Harbor, beyond the International 
Regulations for Preventing Collisions at Sea, 1972 (COLREGS) 
demarcation line set forth in section 80.1120 of Title 33 of the Code 
of Federal Regulations (CFR), without first filing a proper Advance 
Notification of Arrival as required by sections 160.T208-T214 of Title 
33 of the CFR as well as obtaining clearance from Commanding Officer, 
Naval Base Ventura County, ``Control 1''.
    This security zone is established pursuant to the authority of the 
Magnuson Act regulations promulgated by the President under 50 U.S.C. 
191, including sections 6.01 and 6.04 of Title 33 of the CFR. Vessels 
or persons violating this section are subject to the penalties set 
forth in 50 U.S.C. 192: seizure and forfeiture of the vessel, a 
monetary penalty of not more than $10,000, and imprisonment for not 
more than 10 years.
    This rule will be enforced by the Captain of the Port Los Angeles-
Long Beach, who may also enlist the aid and cooperation of any Federal, 
State, county, municipal, and private agencies to assist in the 
enforcement of this rule. Commanding Officer, Naval Base Ventura 
County, ``Control 1,'' will control vessel traffic entering Port 
Hueneme Harbor.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979) because this zone will encompass 
a small portion of the waterway.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    For the same reasons stated in the Regulatory Evaluation section 
above, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that it is categorically excluded from further environmental 
review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping

[[Page 1099]]

requirements, Security measures, Waterways.


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.


    2. Add a new temporary Sec. 165.T11-060 to read as follows:


Sec. 165.T11-060  Security Zone; Port Hueneme Harbor, Ventura County, 
California.

    (a) Location. The following area is a Security Zone: The water area 
of Port Hueneme Harbor inside of the International Regulations for 
Preventing Collisions at Sea, 1972 (COLREGS) demarcation line.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, the following rules apply to the security 
zone established by this section:
    (i) No person or vessel may enter or remain in this security zone 
without the permission of the Captain of the Port Los Angeles-Long 
Beach, CA, or the Commanding Officer, Naval Base Ventura County, CA, 
``Control 1,'';
    (ii) Vessels that are required to make Advanced Notifications of 
Arrival as per Secs. 160.T204-T214 of part 160 of this chapter continue 
to make such reports;
    (iii) All vessels must obtain clearance from ``Control 1'' on VHF-
FM marine radio 06 prior to crossing the COLREGS demarcation line at 
Port Hueneme Harbor;
    (iv) 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 at Port Hueneme Harbor.
    (2) The Captain of the Port will notify the public of this Security 
Zone via broadcast and published notice to mariners.
    (3) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the rules 
of the road and safe navigation practice.
    (4) The regulations of this section will be enforced by the Captain 
of the Port Los Angeles-Long Beach, the Commanding Officer, Naval Base 
Ventura County or their authorized representatives.
    (c) Dates. This section becomes effective at 12:01 a.m. PST on 
December 21, 2001, and will terminate at 11:59 p.m. PDT on June 15, 
2002.

    Dated: December 21, 2001.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 02-502 Filed 1-8-02; 8:45 am]
BILLING CODE 4910-15-U