[Federal Register Volume 67, Number 117 (Tuesday, June 18, 2002)]
[Rules and Regulations]
[Pages 41341-41343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15386]
[[Page 41341]]
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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; change in effective period.
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SUMMARY: The Coast Guard is revising the effective period for a
temporary 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 amendment to Sec. 165.T11-060 (c) in this rule is effective
June 14, 2002. Section 165.T11-060, added at 67 FR 1099, January 9,
2002, effective from 12:01 a.m. PST on December 21, 2001, to 11:59 p.m.
PDT on June 15, 2002, as amended by this rule is extended in effect
through June 15, 2003.
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 Junior Grade Rob Griffiths,
Chief of Waterways Management, at (310) 732-2020.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On January 9, 2002, we published a temporary final rule for Port
Hueneme Harbor entitled ``Security Zone; Port Hueneme Harbor, Ventura
County, California'' in the Federal Register (67 FR 1097) under
Sec. 165.T11-060. The effective period for this rule was from December
21, 2001, through June 15, 2002.
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. Due to the terrorist attacks
on September 11, 2001 and the warnings given by national security and
intelligence officials, there is an increased risk that further
subversive or terrorist activity may be launched against the United
States. A heightened level of security has been established around
naval facilities. The original TFR was urgently required to prevent
possible terrorist strikes against the United States and more
specifically the people, waterways, and properties in Port Hueneme
Harbor and the Naval Base Ventura County. It was anticipated that we
would assess the security environment at the end of the effective
period to determine whether continuing security precautions were
required and, if so, propose regulations responsive to existing
conditions. We have determined the need for continued security
regulations exists.
The Coast Guard has determined that designation of a restricted
area by the Army Corps of Engineers (ACOE) under 33 CFR 334 is a more
appropriate regulation in this case. A formal request has been
submitted by the U.S. Navy to ACOE in order to begin public notice. The
ACOE will utilize the extended effective period of this TFR to engage
in notice and comment rulemaking to develop permanent regulations
tailored to the present and foreseeable security environment. This TFR
preserves the status quo within the harbor while permanent rules are
developed.
For the reasons stated in the paragraphs above under 5 U.S.C.
553(d)(3), the Coast Guard also finds that good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register.
Background and Purpose
On September 11, 2001, terrorists launched attacks on commercial
and public structures--the World Trade Center in New York and the
Pentagon in Arlington, Virginia--killing large numbers of people and
damaging properties of national significance. There is an increased
risk that further subversive or terrorist activity may be launched
against the United States based on warnings given by national security
and intelligence officials. The Federal Bureau of Investigation (FBI)
has issued warnings on October 11, 2001 and February 11, 2002
concerning the potential for additional terrorist attacks within the
United States. In addition, the ongoing hostilities in Afghanistan have
made it prudent for important facilities and vessels to be on a higher
state of alert because Osama Bin Ladin and his Al Qaeda organization,
and other similar organizations, have publicly declared an ongoing
intention to conduct armed attacks on U.S. interests worldwide.
These heightened security concerns, together with the catastrophic
impact that a terrorist attack against a Naval Facility would have to
the public interest, makes these security zones prudent on the
navigable waterways of the United States. To mitigate the risk of
terrorist actions, the Coast Guard has increased safety and security
measures on the navigable waterways of 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 will extend the
period of this 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 ports, harbors, or
waters of the United States in Port Hueneme Harbor, Ventura County CA.
As of today, the need for a security zone in Port Hueneme Harbor
still exists. This temporary final rule will extend the Port Hueneme
security zone issued December 21, 2001 to June 15, 2003. This will
allow the Army Corps of Engineers to utilize the extended effective
period of this TFR to engage in notice and comment rulemaking to
develop permanent regulations tailored to the present and foreseeable
security environment. This revision preserves the status quo within the
Port Hueneme Harbor while permanent rules are developed.
Discussion of Rule
This regulation that is extending the current security zone,
prohibits all vessels from entering Port Hueneme Harbor, beyond the
COLREGS demarcation line set forth in Subpart 80.1120 of Part 80 of
Title 33 of the Code of Federal Regulations, without first filing a
proper Advance Notification of Arrival as required by part 160 of title
33 of the Code of Federal Regulations 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 subparts 6.01 and 6.04 of part 6 of title 33 of the Code
of Federal Regulations. Vessels or persons
[[Page 41342]]
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 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 under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation because we are establishing a security
zone. A ``Categorical Exclusion Determination'' is available in the
docket for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping 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. In temporary Sec. 165.T11-060, revise paragraph (c) to read as
follows:
[[Page 41343]]
Sec. 165.T11-060 Security Zone; Port Hueneme Harbor, Ventura County,
California.
* * * * *
(c) Effective period. This section is effective from 12:01 a.m. PDT
on December 21, 2001, until 11:59 p.m. PDT on June 15, 2003.
* * * * *
Dated: June 11, 2002.
J.M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 02-15386 Filed 6-17-02; 8:45 am]
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