[Federal Register Volume 69, Number 74 (Friday, April 16, 2004)]
[Rules and Regulations]
[Pages 20545-20546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8602]


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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.

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 334.1127 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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