[Federal Register: August 6, 2007 (Volume 72, Number 150)]
[Rules and Regulations]
[Page 43535-43537]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au07-7]
[[Page 43535]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. COTP San Juan 05-007]
RIN 1625-AA87
Security Zone: HOVENSA Refinery, St. Croix, United States Virgin
Islands
AGENCY: Coast Guard, DHS.
ACTION: Interim rule with request for comments.
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SUMMARY: The Coast Guard is establishing a 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. This interim rule excludes entry into the 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: This interim rule is effective August 6, 2007. Comments and
related material must reach the Coast Guard on or before September 5,
2007.
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 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 Resident Inspections Office in St. Croix, United States
Virgin Island between 7:30 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant A.M. Schmidt of Sector San
Juan, Prevention Operations Department at (787) 289-2086.
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 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 interim 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 Lieutenant A.M. Schmidt of Sector
San Juan, Prevention Operations Department 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.
Regulatory Information
On February 10, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone: HOVENSA Refinery, St. Croix, United
States Virgin Islands'' in the Federal Register (70 FR 7065). We
received no letters commenting on the proposed rule. No public meeting
was requested and none was held. We decided to publish this interim
rule instead of a final rule because we have determined it was
necessary make a slight revision from the rule proposed in the above-
mentioned notice of proposed rulemaking. Since the public did not have
an opportunity to comment on the revision, we are issuing this interim
rule with a request for comments before we create a final permanent
rule.
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. Given, the prior notice of
proposed rulemaking, the current request for comments in this interim
rule and the highly volatile nature of the substances at the HOVENSA
refinery, to which it has the potential of being a terrorist target, it
would be contrary to the public interest to delay the effective date of
this regulation.
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 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 this risk by prohibiting all vessels from entering within
approximately 2 miles of the HOVENSA facility unless they have been
specifically authorized by the Captain of the Port San Juan or have
submitted a notice of arrival in accordance with the notice of arrival
requirements of 33 CFR part 160, subpart C.
Discussion of Change From Proposed Rule
Although no comments were received on the NPRM, the COTP would like
to receive comments on a proposed change to the regulatory text before
issuing a final rule. The purpose of this change would be to clarify
the boundaries of the security zone and reduce potential for
misinterpretation. The change would affect the listed coordinates in
paragraph (a) of Sec. 165.766, and not the regulatory restrictions of
the security zone in paragraph (b) of that section presented in the
NPRM.
The pertinent sentence from the regulatory text in both the NPRM
and this interim rule reads as follows:
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.
The replacement language proposed for the final rule would read as
follows:
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 then tracing the shoreline along the
water's edge to return to the point of origin.
The only difference between the two versions is that in the final
rule, instead of returning from the last coordinate listed to the point
of origin, the line would follow ``the shoreline along the water's
edge'' in returning to the point of origin.
Discussion of Rule
The security zone around the HOVENSA facility is encompassed by a
[[Page 43536]]
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 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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. The burden imposed on the
public by this rule is minimal and mariners may seek permission to
enter the zone from the Coast Guard Captain of the Port San Juan or
they may enter the zone if they have a scheduled 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 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 rule will
not have a significant economic impact on a substantial number of small
entities.
The factual basis for this certification is as follows:
Owners of small charter fishing or diving operations that
operate near the HOVENSA facility may be affected by the existence of
this security zone.
This rule will not have a significant economic impact on
the above-mentioned entities or a substantial number of small entities
because this zone covers an area that is not typically used by
commercial fisherman or divers.
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.
Assistance for Small Entities
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). 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 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. 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.
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This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide 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. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' 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:
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, 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. Add Sec. 165.766 to read as follows:
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 the 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 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 787-289-2041 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: July 23, 2007.
J.E. Tunstall,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. E7-15160 Filed 8-3-07; 8:45 am]
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