[Federal Register Volume 68, Number 8 (Monday, January 13, 2003)]
[Proposed Rules]
[Pages 1791-1792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-562]



[[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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