[Federal Register Volume 66, Number 189 (Friday, September 28, 2001)]
[Rules and Regulations]
[Pages 49534-49536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24424]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Juan-01-098]
RIN 2115-AA97


Security Zones; St. Croix, U.S. Virgin Islands

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary fixed security zones 
around all commercial tank and freight vessels moored at every dock at 
the HOVENSA refinery at St. Croix, U.S. Virgin Islands. All persons 
aboard commercial tank and freight vessels moored at the HOVENSA docks 
must remain on board for the duration of the port call unless escorted 
by designated HOVENSA personnel or specifically permitted to disembark 
by the U.S. Coast Guard Captain of the Port San Juan. These security 
zones are needed for national security reasons to protect the public 
and port of HOVENSA from potential subversive acts.

DATES: This regulation becomes effective at 9 p.m. on September 15, 
2001 and will terminate at 11:59 p.m. on October 15, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of [COTP San Juan-01-098] and are available for inspection or 
copying at

[[Page 49535]]

Marine Safety Office San Juan, RODVAL Bldg, San Martin St. #90 Ste 400, 
Guaynabo, PR 00968, between 7 a.m. and 3:30 p.m. Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Robert Lefevers, 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. Because of recent terrorist 
attacks in the United States, there is an urgent need to protect 
persons in the vicinity of the HOVENSA refinery. Publishing a NPRM and 
delaying its effective date would be contrary to the public interest 
since immediate action is needed to protect the public and this port in 
the U.S. Virgin Islands. The Coast Guard will issue a broadcast notice 
to mariners to advise mariners of the restriction.
    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.

Background and Purpose

    On September 11, 2001, there were terrorist attacks on the World 
Trade Center buildings in New York and the Pentagon in Arlington, 
Virginia. Given these events and the highly volatile nature of the 
substances stored at the HOVENSA facility, there is a risk that 
subversive activity could be launched by persons aboard commercial tank 
and freight vessels calling at the HOVENSA facility in St. Croix, USVI. 
The Captain of the Port San Juan is reducing this risk by prohibiting 
all persons aboard these vessels from disembarking while moored at the 
HOVENSA facility unless escorted by designated HOVENSA personnel or 
specifically permitted by the Captain of the Port San Juan. HOVENSA 
security personnel, in conjunction with local police department 
personnel, will assist in the enforcement of these security zones.

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 Transportation 
(DOT) (44 FR 11040; February 26, 1979).

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.
    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 persons may be allowed to disembark the vessels on a 
case by case basis with the authorization of the Captain of the Port 
and this temporary rule is only in effect for a limited time.

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 the 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 calls for no new collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    A rule has implication 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.

Environmental

    The Coast Guard considered the environmental impact of this rule 
and concluded under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available for inspection or copying where indicated under ADDRESSES.

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 concern 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 relationships 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

[[Page 49536]]

Significantly Affect Energy Supply, Distribution, or use. We have 
determined that it is not a ``significant energy action'' under 
Executive Order 12866 and is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. It has not been 
designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action. Therefore, it does 
not require a Statement of Energy Effects under Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165, as follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T07-098 is added to read as follows:


Sec. 165.T07-098  Security Zone; HOVENSA Refinery, St. Croix, U.S. 
Virgin Islands.

    (a) Regulated area. This section establishes temporary fixed 
security zones encompassing 20 yards around all commercial tank and 
freight vessels moored at every dock at the HOVENSA refinery at St 
Croix, U.S. Virgin Islands. All persons aboard commercial tank or 
freight vessels moored at the docks must remain on board for the 
duration of the port call unless escorted by designated HOVENSA 
personnel or specifically permitted to disembark by the Captain of the 
Port San Juan. These security zones are needed for national security 
reasons to protect the public and port of HOVENSA from potential 
subversive acts.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, all persons aboard commercial tank and 
freight vessels moored at the docks must remain on board for the 
duration of the port call unless escorted by designated HOVENSA 
personnel or specifically authorized by the Captain of the Port San 
Juan, or a Coast Guard commissioned, warrant, or petty officer 
designated by him. In addition to publishing it in the Federal 
Register, 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 (157.1 Mhz).
    (c) Dates. This section becomes effective at 9 p.m. on September 
15, 2001 and will terminate at 11:59 p.m. on October 15, 2001.

    Dated: September 15, 2001.
J.A. Servidio,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-24424 Filed 9-27-01; 8:45 am]
BILLING CODE 4910-15-U