[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Rules and Regulations]
[Pages 40617-40619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14971]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-02-052]
RIN 2115-AA97


Security Zone; Regulations; 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 zone 
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. This security 
zone is needed for national security reasons to protect the public and 
port of HOVENSA from potential subversive acts. This security zone is 
similar to the temporary rule removed on May 9, 2002.

DATES: This rule becomes effective at 5 a.m. on May 25, 2002 and will 
terminate at 11:59 p.m. on October 31, 2002.

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 [CGD 07-02-052] and are available for inspection or copying 
at 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: Lieutenant Chip Lopez, Marine Safety 
Office San Juan, Puerto Rico at (787) 706-2444.

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, which would 
incorporate a comment period before a final rule could be issued, 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. The Coast Guard will 
issue a broadcast notice to mariners to advise mariners of the 
restriction.

Background and Purpose

    Due to 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, U.S. Virgin Islands. 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 be present to enforce this security zone.
    A security zone regulation for the same location, with the same 
regulation, was published in the Federal Register on September 28, 2001 
(66 FR 49534). That rule was extended twice by a temporary rule issued 
in October 2001 (that was sent to Washington, DC for publication in the 
Federal Register but was delayed in the mail [CGD07-01-125; 67 FR 9194, 
9197, February 28, 2002]), and another issued in January 2002 (67 FR 
4911, February 1, 2002). However, this rule was removed in a final rule 
published in the Federal Register on May 9, 2002 (67 FR 31128) because 
the Captain of the Port determined there was no longer any need for 
this rule.
    The Captain of the Port San Juan has identified the need to 
reinstate a security zone for national security reasons and to protect 
the public and the port of HOVENSA from potential subversive acts. The 
Captain of the Port

[[Page 40618]]

believes that additional temporary security procedures are needed to 
supplement the existing HOVENSA security procedures to protect this 
facility.

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) because this rule is in effect 
for a limited time and crewmembers may be allowed to disembark when 
escorted by designated HOVENSA security or authorized by the Captain of 
the Port of San Juan.

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 has considered the environmental impact of this 
rule and will prepare a categorical exclusion as per Figure 2-1, 
paragraph 34(g) of the Coast Guard NEPA Implementing Procedures, 
Commandant Instruction M16475.1D. A ``Categorical Exclusion 
Determination'' is available in the docket 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 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 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 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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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 and 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T07-052 is added to read as follows:


Sec. 165.T07-052  Security Zone; HOVENSA Refinery, St. Croix, U.S. 
Virgin Islands.

    (a) Regulated area. A temporary fixed security zone is established 
20 yards around all commercial tank and freight vessels moored at every 
dock at the HOVENSA refinery at St Croix, U. S. Virgin Islands.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, all persons aboard commercial

[[Page 40619]]

tank and freight vessels moored at the docks in the regulated area 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. 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 5 a.m. on May 25, 
2002, and will terminate at 11:59 p.m. on October 31, 2002.

    Dated: May 24, 2002.
J.A. Servidio,
Commander, U. S. Coast Guard, Captain of the Port, San Juan.
[FR Doc. 02-14971 Filed 6-12-02; 8:45 am]
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