[Federal Register: February 10, 2004 (Volume 69, Number 27)]
[Rules and Regulations]
[Page 6150-6152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe04-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Juan 03-176]
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 re-establishing a temporary security zone
in the vicinity of the HOVENSA refinery facility on St. Croix, U.S.
Virgin Islands. This security zone extends 3 miles seaward from the
HOVENSA facility waterfront area along the south coast of the island of
St. Croix, U.S. Virgin Islands. All vessels must receive permission
from the U.S. Coast Guard Captain of the Port San Juan to entering this
temporary security zone. This security zone is needed for national
security reasons to protect the public and the HOVENSA facility from
potential subversive acts.
DATES: This rule is effective from 11:59 p.m. on December 24, 2003,
through 11:59 p.m. on April 15, 2004. Comments and related material
must reach the Coast Guard on or before April 12, 2004.
ADDRESSES: 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 the docket [COTP San Juan 03-176] and will be
available for inspection or copying at Marine Safety Office San Juan
between 7 a.m. and 3:30 p.m. Monday through Friday, except Federal
holidays. Marine Safety Office San Juan, is located in the RODVAL Bldg,
San Martin St. 90 Ste 400, Guaynabo, PR 00968. Marine Safety Office San
Juan maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: LT Fred Meadows, Marine Safety Office
San Juan, Puerto Rico at (787) 706-2440.
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 regulations were established on December 19, 2001, and
published in the Federal Register (67 FR 2332, January 17, 2002); and
again on September 13, 2002 (67 FR 57952, September 13, 2002), on March
18, 2003 (67 FR 22296, April 28, 2003); and on June 30, 2003 (67 FR
41081, July 10, 2003). However, these regulations have expired--on June
15, 2002; December 15, 2002; June 15, 2003; and December 15, 2003,
respectively. We did not receive any comments on these regulations.
The Captain of the Port San Juan has determined that due to the
continued security risks, the nature of the HOVENSA facility, recent
increases in the Homeland Security Advisory System level and maritime
security level, this rule is needed to ensure the safety and security
of this facility. The Coast Guard intends to publish a notice of
proposed rulemaking to propose making this temporary rule a final rule.
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 submit a comment, please include your name and address,
identify the docket number for this rulemaking (COTP San Juan 03-176),
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 to the address indicated in
ADDRESSES. 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 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 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, his
designated representative, or the HOVENSA Facility Port Captain. The
Captain of the Port San Juan can be reached through
[[Page 6151]]
the Coast Guard Greater Antilles Section Command Center via 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.
The temporary security zone around the HOVENSA facility is outlined
by the following coordinates: 6445'09'' West,
1741'32'' North, 6443'36'' West,
1738'30'' North, 6443'36'' West,
1738'30'' North and 6443'06'' West,
1738'42'' North.
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) 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 or the HOVENSA Port
Captain.
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 or the HOVENSA Port
Captain.
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 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. 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 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.
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
[[Page 6152]]
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 draft ``Environmental Analysis
Check List'' and a draft ``Categorical Exclusion Determination'' (CED)
are available in the docket where indicated under ADDRESSES. Comments
on this section will be considered before we make the final decision on
whether the rule should be categorically excluded from further
environmental review.
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. A new section 165.T07-176 is added to read as follows:
Sec. 165.T07-176 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, 3 miles seaward of the HOVENSA facility
waterfront outlined by the following coordinates:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
6445'09'' West............. 1741'32''
North.
6443'36'' West............. 1738'30''
North.
6443'36'' West............. 1738'30''
North.
6443'06'' West............. 1738'42''
North.
------------------------------------------------------------------------
(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 or a Coast Guard commissioned, warrant, or petty officer
designated by him, or the HOVENSA Facility Port Captain. 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 through
the Greater Antilles Section Command Center via 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) Effective period. This section is effective from 11:59 p.m. on
December 24, 2003, through 11:59 p.m. on April 15, 2004.
Dated: December 24, 2003.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Juan.
[FR Doc. 04-2749 Filed 2-9-04; 8:45 am]
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