[Federal Register Volume 68, Number 81 (Monday, April 28, 2003)]
[Rules and Regulations]
[Pages 22296-22298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10293]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Juan-03-047]
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 establishing a temporary security zone in 
the vicinity of the HOVENSA refinery facility on St. Croix, U.S. Virgin 
Islands. This security zone extends three 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 prior 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 regulation is effective at 6 p.m. on March 18, 2003 until 
11:59 p.m. on June 15, 2003. Comments and related material must reach 
the Coast Guard on or before June 27, 2003.

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-03-047) 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: LCDR Michael Roldan, 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. 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.
    Similar regulations were established on December 19, 2001 and 
published in the Federal Register (67 FR 2332), and on September 13, 
2002 and published in the Federal Register (67 FR 57952). However, 
these regulations expired on June 15, 2002 and December 15, 2002, 
respectively. We did not receive any comments on these two regulations. 
The Captain of the Port San Juan has determined that the need to 
continue to have this regulation in place exists. 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 do so, please include your name and address, identify 
the docket number for this rulemaking (COTP San Juan 03-

[[Page 22297]]

047) 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 temporary final rule in view of 
them.

Background and Purpose

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center buildings in New York and the Pentagon in Arlington, 
Virginia, 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 on VHF Marine Band Radio, Channel 16 (156.8 Mhz) or by calling 
(787) 289-2040, 24 hours a day, seven 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, seven days a week. 
The temporary security zone around the HOVENSA facility is outlined by 
the following coordinates: 64[deg]45'09'' West, 17[deg]41'32'' North, 
64[deg]43'36'' West, 17[deg]38'30'' North, 64[deg]43'36'' West, 
17[deg]38'30'' North and 64[deg]43'06'' West, 17[deg]38'42'' 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.

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 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. Although 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.

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. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' will be available in the 
docket 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

[[Page 22298]]

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.

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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.


0
2. A new section 165.T07-101 is added to read as follows:


Sec.  165.T07-101  Security Zone; HOVENSA Refinery, St. Croix, U.S. 
Virgin Islands.

    (a) Regulated area. All waters three miles seaward of the HOVENSA 
facility waterfront outlined by the following coordinates: 
64[deg]45[min]09[sec] West, 17[deg]41[min]32[sec] North, 
64[deg]43[min]36[sec] West, 17[deg]38[min]30[sec] North, 
64[deg]43[min]36[sec] West, 17[deg]38[min]30[sec] North and 
64[deg]43[min]06[sec] West, 17[deg]38[min]42[sec] North.
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.33 of this part, 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 on VHF Marine 
Band Radio, Channel 16 (156.8 Mhz) or by calling (787) 289-2040, 24 
hours a day, seven 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, seven days a week.
    (c) Effective period. This section is effective from 6 p.m. on 
March 18, 2003 until 11:59 p.m. on June 15, 2003.

    Dated: March 18, 2003.
William J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Juan.
[FR Doc. 03-10293 Filed 4-25-03; 8:45 am]
BILLING CODE 4910-15-P