[Federal Register: February 10, 2005 (Volume 70, Number 27)]
[Proposed Rules]
[Page 7065-7067]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe05-26]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Juan 05-007]
RIN 1625-AA87
Security Zone: HOVENSA Refinery, St. Croix, United States Virgin
Islands
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a permanent security
zone in the vicinity of the HOVENSA refinery facility on St. Croix, U.
S. Virgin Islands. The security zone is needed for national security
reasons to protect the public and the HOVENSA facility from potential
subversive acts. The proposed rule would exclude entry into the
proposed permanent security zone by all vessels without permission of
the U.S. Coast Guard Captain of the Port San Juan or a scheduled
arrival in accordance with the Notice of Arrival requirements of 33 CFR
part 160, subpart C.
DATES: Comments and related material must reach the Coast Guard on or
before March 28, 2005.
ADDRESSES: You may mail comments and related material to Sector San
Juan, 5 Calle La Puntilla, San Juan, PR 00901. Sector San Juan
Waterways Management will maintain 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 Resident Inspections Office in St. Croix, United States
Virgin Island between 7 a.m. and 3:30 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Katiuska Pabon
of Sector San Juan Waterways Management at 787-289-0739.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (COTP San
Juan-05-007), 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 that your submission 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
proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to SECTOR San Juan at the address
under ADDRESSES explaining why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The Coast Guard has published similar temporary security zones in
the Federal Register at 67 FR 2332, January 17, 2002; 67 FR 57952,
September 13, 2002; 68 FR 22296, April 28, 2003; 68 FR 41081, July 10,
2003; 69 FR 6150, February 10, 2004; 69 FR 29232, May 21, 2004; and 70
FR 2950, January 19, 2005. Given the highly volatile nature of the
substances stored at the HOVENSA facility, the Coast Guard recognizes
that it could be a potential terrorist target and there is a continuing
risk that subversive activity could be launched by vessels or persons
in close proximity to the facility. This activity could be directed
against tank vessels and the waterfront 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 risk by prohibiting all vessels without a scheduled arrival
in accordance with the Notice of Arrival requirements of 33 CFR part
160, subpart C from entering within approximately 2 miles of the
HOVENSA facility unless specifically authorized by the Captain of the
Port San Juan.
Discussion of Proposed Rule
The proposed permanent security zone around the HOVENSA facility
would be encompassed by a line connecting the following coordinates:
17[deg]41'31'' North, 64[deg]45'09'' West; 17[deg]39'36'' North,
64[deg]44'12'' West; 17[deg]40'00'' North, 64[deg]43'36'' West; and
17[deg]41'48'' North, 64[deg]44'25'' West, and back to the point of
origin. The security zone includes the waters extending approximately 2
miles seaward from the HOVENSA facility, Limetree Bay Channel and
Limetree Bay. All coordinates are based upon North American Datum 1983
(NAD 1983). All vessels without a scheduled arrival in accordance with
the Notice of Arrival requirements of 33 CFR part 160, subpart C are
excluded from the zone unless specifically authorized by the Captain of
the Port San Juan.
Regulatory Evaluation
This proposed 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
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. The burden imposed on the public
by this rule is minimal and mariners may obtain permission to enter the
zone from the Coast Guard Captain of the Port San Juan or by scheduling
vessel arrival in accordance with the Notice of Arrival requirements of
33 CFR part 160, subpart C.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
The factual basis for this certification is as follows:
(1) Owners of small charter fishing or diving operations that
operate near the HOVENSA facility may be affected by the existence of
this security zone.
[[Page 7066]]
(2) This rule will not have a significant economic impact on the
above mentioned or a substantial number of small entities because this
zone covers an area that is not typically used by commercial fisherman.
Additionally, 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 want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LTJG Katiuska
Pabon, Sector San Juan Waterways Management, 787-289-0739. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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.
Energy Effects
We have analyzed this proposed 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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. The proposed rule satisfies the criteria
for paragraph (34)(g) because it is a security zone.
Under figure 2-1, paragraph (34)(g) of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 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.
2. Add Sec. 165.766 to read as follows:
[[Page 7067]]
Sec. 165.766 Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin
Islands.
(a) Regulated area. The Coast Guard is establishing a security zone
in and around the HOVENSA Refinery on south coast of St. Croix, U.S.
Virgin Islands. This security zone includes all waters from surface to
bottom, encompassed by an imaginary line connecting the following
points: Point 1: 17[deg]41'31'' North, 64[deg]45'09'' West, Point 2:
17[deg]39'36'' North, 64[deg]44'12'' West, Point 3: 17[deg]40'00''
North, 64[deg]43'36'' West, Point 4: 17[deg]41'48'' North,
64[deg]44'25'' West, and returning to the point of origin. These
coordinates are based upon North American Datum 1983 (NAD 1983).
(b) Regulations. (1) Under Sec. 165.33, entry into or remaining in
the security zone in paragraph (a) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port, Port of San Juan or
vessels have a scheduled arrival in accordance with the Notice of
Arrival requirements of 33 CFR part 160, subpart C.
(2) Persons and vessels desiring to transit the Regulated Area may
contact the U.S. Coast Guard Captain of the Port, San Juan, at
telephone number 787-289-0739 or on VHF channel 16 (156.8 MHz) to seek
permission to transit the area. If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the
Port.
Dated: January 31, 2005.
D.P. Rudolph,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Juan.
[FR Doc. 05-2595 Filed 2-9-05; 8:45 am]
BILLING CODE 4910-15-P