[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Rules and Regulations]
[Pages 2950-2952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-962]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD07-04-118]
RIN 1625-AA87
Security Zone Regulations; St. Croix, United States Virgin
Islands
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone in
the vicinity of the HOVENSA refinery facility in St. Croix, U.S. Virgin
Islands. This security zone extends approximately 2 miles seaward from
the HOVENSA facility waterfront area along the south coast of the
island of St. Croix, U.S. Virgin Islands. This security zone is needed
for national security reasons to protect the public and the HOVENSA
facility from potential subversive acts. Vessels without scheduled
arrivals 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 November 5, 2004, until May 15,
2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD07-04-118] and are available for
inspection or copying at Sector San Juan, 5 Calle La Puntilla, San
Juan, Puerto Rico between 7:30 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Katiuska
Pabon, Sector 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 an NPRM. Publishing an NPRM and
delaying the rule's effective date would be contrary to the public
interest. Immediate action is needed to protect the public, ports and
waterways of the United States from potential subversive acts against
the HOVENSA facility.
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 regulations
were published in the Federal Register on January 17, 2002 (67 FR
2332), September 13, 2002 (67 FR 57952), April 28, 2003 (68 FR 22296),
July 10, 2003 (68 FR 41081), February 10, 2004 (69 FR 6150), and May
21, 2004 (69 FR 29232). We did not receive any comments on these
regulations.
The Captain of the Port San Juan has determined that due to the
continued risk and recent necessary increases in maritime security
levels, the need for the security zone persists. While the Coast Guard
intends to publish a notice of proposed rulemaking and permanent rule
to ensure the security of this waterfront facility, this temporary
final rule is required in the interim.
Background and Purpose
Based on the September 11, 2001, terrorist attacks and recent
increases in maritime security levels, 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 of subversive activity 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 approximately 2 miles of the HOVENSA facility, unless
specifically permitted by the Captain of the Port San Juan or a
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, 7-days-a-week.
Discussion of Rule
The temporary security zone around the HOVENSA facility encompasses
all waters within a line connecting the following coordinates:
17[deg]41[min]31[sec] N, 64[deg]45[min]09[sec] W, to
17[deg]39[min]36[sec] N, 64[deg]44[min]12[sec] W, to
17[deg]40[min]00[sec] N, 64[deg]43[min]36'' W, to 17[deg]41[min]48[sec]
N, 64[deg]44[min]25[sec] W, and back to the beginning point. All
vessels without a scheduled arrival into the HOVENSA facility are
prohibited from coming within this security zone--that extends
approximately 2 mile seaward from the facility, unless specifically
permitted by the Captain of the Port San Juan or a designated
representative.
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 Homeland Security (DHS). This security
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 or a designated representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic effect
upon 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. This rule will affect the following
[[Page 2951]]
entities, some of which may be small entities: Owners of small charter
fishing or diving operations that may operate near the HOVENSA
facility. This security zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 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.
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,
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. Under figure 2-1, paragraph (34)(g), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' (CED) are not required for this
rule.
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(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 November 5, 2004, to May 15, 2005, add a new Sec. 165.T07-118
to read as follows:
[[Page 2952]]
Sec. 165.T07-118 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 within a line connecting the
following coordinates:
17[deg]41[min]31[sec] N, 64[deg]45[min]09[sec] W, to
17[deg]39[min]36[sec] N, 64[deg]44[min]12[sec] W, to
17[deg]40[min]00[sec] N, 64[deg]43[min]36[sec] W, to
17[deg]41[min]48[sec] N, 64[deg]44[min]25[sec] W, and then back to the
point of origins.
(b) Regulations. In accordance with the general regulations in
Sec. 165.33 of this part, with the exception of vessels that have an
arrival scheduled with the HOVENSA Facility, no vessel may enter the
regulated area unless specifically authorized by the Captain of the
Port (COTP) San Juan, a Coast Guard commissioned, warrant, or petty
officer designated by COTP San Juan. 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.
(c) Dates. This section is effective from November 5, 2004, until
May 15, 2005.
Dated: November 5, 2004.
E. Emeric,
Commander, U.S. Coast Guard, Captain of the Port, San Juan.
[FR Doc. 05-962 Filed 1-18-05; 8:45 am]
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