[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Rules and Regulations]
[Pages 20546-20547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8601]


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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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