[Federal Register: May 21, 2004 (Volume 69, Number 99)]
[Rules and Regulations]
[Page 29232-29234]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my04-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Juan-04-044]
RIN 1625-AA00
Security Zone; St. Croix, United States Virgin Islands
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary security zone in
the vicinity of the HOVENSA refinery facility on St. Croix, U.S. Virgin
Islands encompassing the waters of Limetree Bay and Limetree Bay
Channel. This security zone is needed for national security reasons to
protect the public and the HOVENSA facility from potential subversive
acts. All vessels must receive permission from the U.S. Coast Guard
Captain of the Port San Juan prior to entering this temporary security
zone.
DATES: This rule is effective from April 16, 2004, until October 16,
2004.
ADDRESSES: You may mail comments and related material to Marine Safety
Office San Juan, 5 Calle La Puntilla, San Juan, PR 00901. Marine Safety
Office San Juan maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the Marine Safety Office between 7 a.m. and 3:30 p.m. Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Kevin Reed, Marine Safety Office
San Juan, Puerto Rico at (787) 289-0739.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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 a NPRM. Publishing a NPRM and delaying
the rule's effective date would be contrary to the public interest
since immediate action is needed to protect the public, ports and
waterways of the United States.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Similar temporary
security zones have been established over the past few years and
published in the Federal Register: 67 FR 2332, January 17, 2002; 67 FR
57952, September 13, 2002; 67 FR 22296, April 28, 2003; 67 FR 41081,
July 10, 2003; and 69 FR 6150, February 10, 2004. However, the last in
this series of temporary final rules expired April 15, 2004. We did not
receive any comments on these past temporary final rules.
The Captain of the Port San Juan has determined that due to the
continued risk and recent increases in maritime security concerns,
there is the need to continue to have this regulation in place. The
Coast Guard intends to publish a notice of proposed rulemaking to
create a permanent security zone.
Request for Comments
Although the Coast Guard has good cause to implement this
regulation without a notice of proposed rulemaking, we want to afford
the public the opportunity to participate in this rulemaking by
submitting comments and related material regarding the size and
boundaries of these security zones in order to minimize unnecessary
burdens. If you do so, please include your name and address, identify
the docket number for this rulemaking (COTP San Juan-04-044), indicate
the specific section of this document to which each comment applies,
and give the reason for each comment. Please submit all comments and
related material in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying. If you would like to know they reached
us, please enclose a stamped, self-addressed postcard or envelope. We
will consider all comments and material received during the comment
period. We may change this temporary final rule in view of them.
Background and Purpose
Based on the September 11, 2001, terrorist attacks and recent
increases in maritime security concerns, there is an increased risk
that subversive activity could be launched by vessels or persons in
close proximity to the HOVENSA refinery on St. Croix, USVI against tank
vessels and the waterfront facility. Given the highly volatile nature
of the substances stored at the HOVENSA facility, this security zone is
necessary to decrease the risk that subversive activity could be
launched against the HOVENSA facility. The Captain of the Port San Juan
is reducing this risk by prohibiting all vessels without a scheduled
arrival from coming within 3 miles of the HOVENSA facility unless
specifically permitted by the Captain of the Port San Juan, or that
officer's designated representative. The Captain of the Port San Juan
can be reached on VHF Marine Band Radio, Channel 16 (156.8 Mhz) or by
calling (787) 289-2040, 24 hours a day, 7 days a week. The HOVENSA
Facility Port Captain can be reached on VHF Marine Band Radio channel
11 (156.6 Mhz) or by calling (340) 692-3488, 24 hours a day, seven days
a week.
The temporary security zone is defined by a triangular area that
extends 3 miles seaward from the HOVENSA facility and encompasses the
waters of Limetree Bay and Limetree Channel, as outlined by the
following coordinates: 17[deg]41[min]32[sec]N, 64[deg]45[min]09[sec]W;
thence to 17[deg]41[min]44[sec]N, 64[deg]44[min]39[sec]W; thence to
17[deg]38[min]30[sec]N, 64[deg]43[min]12[sec]W; thence returning to the
beginning point at 17[deg]41[min]39[sec]N, 64[deg]45[min]09[sec]W. The
security zone does not include the waters of the Cross Channel and
Krause Lagoon Channel.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of
[[Page 29233]]
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 Homeland
Security (DHS) because this zone covers an area that is not typically
used by commercial vessel traffic, including fishermen, and vessels may
be allowed to enter the zone on a case-by-case basis with the
permission of the Captain of the Port San Juan.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant economic
effect upon a substantial number of small entities. ``Small entities''
include 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.
This rule may affect the following entities, some of which may be
small entities: owners of small charter fishing or diving operations
that operate near the HOVENSA facility. 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 because this zone
covers an area that is not typically used by commercial fishermen and
vessels may be allowed to enter the zone on a case by case basis with
the permission of the Captain of the Port San Juan.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they can 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 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 would call 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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would 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 would not create an
environmental risk to health or risk to safety that might
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 would 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. We invite your
comments on how this proposed rule might impact tribal governments,
even if that impact may not constitute a ``tribal implication'' under
the Order.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. An ``Environmental Analysis Check List''
and a ``Categorical Exclusion Determination'' (CED) are available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
[[Page 29234]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. From April 16, 2004, until October 16, 2004, add Sec. 165.T07-101
to read as follows:
Sec. 165.T07-101 Security Zone; HOVENSA Refinery, St. Croix, U.S.
Virgin Islands.
(a) Location. The following area is a security zone: All waters
from surface to bottom encompassed by a line connecting the following
coordinates based on the NAD 83: The point at 17[deg]41[min]32[sec]
North, 64[deg]45[min]09[sec] West; thence to 17[deg]41[min]44[sec]
North, 64[deg]44[min]39[sec] West; thence to 17[deg]38[min]30[sec]
North, 64[deg]43[min]12[sec] West; thence returning to the beginning
point at 17[deg]41[min]32[sec] North, 64[deg]45[min]09[sec] West.
(b) Regulations. Under Sec. 165.33, with the exception of vessels
with scheduled arrivals to the HOVENSA Facility, no vessel may enter
the regulated area unless specifically authorized by the Captain of the
Port San Juan (COTP) or a Coast Guard commissioned, warrant, or petty
officer designated by the Captain of the Port. The Captain of the Port
will notify the public of any changes in the status of this zone by
Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 16
(156.8 Mhz). The Captain of the Port San Juan can be reached on VHF
Marine Band Radio, Channel 16 (156.8 Mhz) or by calling (787) 289-2040,
24 hours a day, 7 days a week. The HOVENSA Facility Port Captain can be
reached on VHF Marine Band Radio channel 11 (156.6 Mhz) or by calling
(340) 692-3488, 24 hours a day, 7 days a week.
Dated: April 16, 2004.
William J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Juan.
[FR Doc. 04-11587 Filed 5-20-04; 8:45 am]
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