[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Rules and Regulations]
[Pages 18450-18452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07359]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Naval Base Ventura County, San Nicolas Island, California;
Restricted Area
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
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SUMMARY: The Corps of Engineers (Corps) is amending its regulations to
modify an existing permanent restricted area in the waters of the
Pacific Ocean surrounding San Nicolas Island, California. The
modifications realign subsections (designated Alpha, Bravo and Charlie)
within the restricted area to better match the U.S. Navy's current
operational requirements. In addition, the rule corrects a mapping
error in the original rule. The perimeter and overall size of the
existing restricted area remains unchanged. San Nicolas Island is
wholly owned by the United States and operated by the U.S. Navy as part
of Naval Base Ventura County.
DATES: Effective date: May 2, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Mr. Antal Szijj, Corps of Engineers, Los Angeles District,
Regulatory Division, at 805-585-2147 or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Pursuant to its authorities in Section 7 of the Rivers and Harbors
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 amending the regulations at 33 CFR 334.980 to realign
subsections within the existing restricted area in the waters
surrounding San Nicolas Island, Ventura County, California, in a manner
that better
[[Page 18451]]
matches the U.S. Navy's current operational needs. Vessels would only
be prohibited from entering the restricted area during closure periods.
The amendment would also update various titles and contact references
to current command structure and names, and correct a mapping error in
the original rule.
The proposed rule was published in the November 22, 2013 issue of
the Federal Register (78 FR 70005; docket number COE-2013-0014).
Comments were received from four commenters in response to the Federal
Register notice and the Corps of Engineers Los Angeles District's local
public notice. Three commenters objected to the enforcement of the 300-
yard stand-off surrounding the shoreline of the island that was a
provision of the original rule and was not proposed to be changed. The
commenters stated that they had previously been allowed to trap lobster
within this 300-yard stand-off with the agreement of the Navy and that
the Navy's recent enforcement of this provision of the restricted area
has substantially reduced their lobster catch resulting in economic
harm.
The 300-yard stand-off has been a provision of the restricted area
since it was established in 1965. The amendment does not modify or
eliminate this provision. The Navy has stated that any previous
informal agreements between fishermen and Navy personnel to allow
fishing did not follow protocol and are not valid. The Navy has
determined through experience that a 300-yard stand-off from the
shoreline is necessary to maintain the security of its facilities at
San Nicolas Island. The changes to the restricted area that do affect
commercial fishing include clarification that the entire restricted
area excluding the 300-yard stand-off remains open to fishing unless
one or more sections are specifically closed for naval operations.
One commenter also stated that the waters surrounding San Nicolas
Island are subject to rough seas that may develop quickly and
unexpectedly, therefore having the ability find safe anchorage close to
the island is important.
The rule change does not affect the provision that allows
encroachment into the 300-yard stand-off or landing in emergency
situations.
Procedural Requirements
a. Review Under Executive Order 12866
This final 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 final 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
businesses and small governments). The Corps determined that the
amendment of this restricted area has practically no economic impact on
the public, no anticipated navigational hazard, or interference with
existing waterway traffic. This final rule will have no significant
economic impact on small entities.
c. Review Under the National Environmental Policy Act
Due to the administrative nature of this action and because there
is no intended change in the use of the area, the Corps determined that
this amendment to the regulation will not have a significant impact to
the quality of the human environment and, therefore, preparation of an
environmental impact statement is not required. An environmental
assessment was prepared after the public notice period closed and all
comments received from the public were considered. The environmental
assessment may be viewed at the District office listed at the end of
the FOR FURTHER INFORMATION CONTACT section, above.
d. Unfunded Mandates Act
This rule does not impose an enforceable duty among the private
sector and, therefore, it is not a Federal private sector mandate and
it is not subject to the requirements of either Section 202 or Section
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.
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 amends 33 CFR
Part 334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
0
1. The authority citation for 33 CFR 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. Revise Sec. 334.980 to read as follows:
Sec. 334.980 Pacific Ocean, around San Nicholas Island, Calif., naval
restricted area.
(a) The area. (1) Perimeter (restricted). The waters of the Pacific
Ocean around San Nicholas Island, Calif., extending about 3 miles
seaward from the shoreline, described as follows:
------------------------------------------------------------------------
Latitude Longitude
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Point A.......................... 33[deg]10'10'' 119[deg]24'20''
Point C.......................... 33[deg]10'10'' 119[deg]31'10''
Point D.......................... 33[deg]12'00'' 119[deg]35'30''
Point E.......................... 33[deg]14'20'' 119[deg]37'40''
Point F.......................... 33[deg]16'40'' 119[deg]38'10''
Point G.......................... 33[deg]19'10'' 119[deg]37'10''
Point I.......................... 33[deg]20'10'' 119[deg]31'10''
Point K.......................... 33[deg]17'40'' 119[deg]24'50''
Point L.......................... 33[deg]13'50'' 119[deg]21'50''
------------------------------------------------------------------------
(2) Sections of area.
(i) ALPHA section is the northerly section of the area, and is
described as follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Point H.......................... 33[deg]20'01'' 119[deg]32'02''
Point I.......................... 33[deg]20'10'' 119[deg]31'10''
Point K.......................... 33[deg]17'40'' 119[deg]24'50''
Point L.......................... 33[deg]13'50'' 119[deg]21'50''
Point O.......................... 33[deg]13'50'' 119[deg]26'02''
------------------------------------------------------------------------
Thence northwesterly along shoreline to Point N
------------------------------------------------------------------------
Point N.......................... 33[deg]17'04'' 119[deg]32'02''
Point H.......................... 33[deg]20'01'' 119[deg]32'02''
------------------------------------------------------------------------
(ii) BRAVO section is the westerly section of the area, and is
described as follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Point N.......................... 33[deg]17'04'' 119[deg]32'02''
------------------------------------------------------------------------
Thence westerly, southerly and easterly along the shoreline to Point M
------------------------------------------------------------------------
Point M.......................... 33[deg]13'10'' 119[deg]29'40''
Point B.......................... 33[deg]10'10'' 119[deg]29'40''
Point C.......................... 33[deg]10'10'' 119[deg]31'10''
Point D.......................... 33[deg]12'00'' 119[deg]35'30''
Point E.......................... 33[deg]14'20'' 119[deg]37'40''
Point F.......................... 33[deg]16'40'' 119[deg]38'10''
Point G.......................... 33[deg]19'10'' 119[deg]37'10''
Point H.......................... 33[deg]20'01'' 119[deg]32'02''
Point N.......................... 33[deg]17'04'' 119[deg]32'02''
------------------------------------------------------------------------
(iii) CHARLIE section is the southerly section of the area, and is
described as follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Point L.......................... 33[deg]13'50'' 119[deg]21'50''
Point O.......................... 33[deg]13'50'' 119[deg]26'02''
------------------------------------------------------------------------
Thence southerly and westerly along the shoreline to Point M
------------------------------------------------------------------------
Point M.......................... 33[deg]13'10'' 119[deg]29'40''
Point B.......................... 33[deg]10'10'' 119[deg]29'40''
[[Page 18452]]
Point A.......................... 33[deg]10'10'' 119[deg]24'20''
Point L.......................... 33[deg]13'50'' 119[deg]21'50''
------------------------------------------------------------------------
(b) The regulations. (1) Except during closure periods or as
otherwise provided in this section, the restricted area will be open to
all vessels.
(2) Boats must remain at least 300 yards from the shoreline of San
Nicolas Island at all times. Nothing in this provision shall be
construed as authorization to anchor within 300 yards or to land on San
Nicolas Island, except in an emergency.
(3) No person, vessel or other craft shall enter the restricted
area or designated section(s) during closure periods unless authorized
to do so by the Commanding Officer, Naval Base Ventura County or the
Officer in Charge, San Nicolas Island.
(4) Submarine cables within the restricted area post a risk to the
equipment of vessels engaged in dredging, dragging, seining, anchoring
and other bottom contact operations. Appropriate care must be taken to
avoid damage.
(5) Closure Periods. Notice that the restricted area or section(s)
ALPHA, BRAVO, or CHARLIE are closed to entry shall be given by radio
broadcast Monday through Friday at 0900 and 1200 on 2638 kHz and 2738
kHz or by contacting ``PLEAD CONTROL'' on VHF-FM radio channel 11 or
16. Closure information may also be requested by telephone between 0600
and 1800 Monday through Friday at (805) 989-8841 or via recorded
message at (805) 989-1470.
(6) The regulations in this section shall be enforced by personnel
attached to Naval Base Ventura County, Point Mugu, Calif., and by such
agencies as may be designated by the Commandant, 11th Naval District,
San Diego, Calif.
Dated: March 27, 2014.
James R. Hannon,
Chief, Operations and Regulatory, Directorate of Civil Works.
[FR Doc. 2014-07359 Filed 4-1-14; 8:45 am]
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