[Federal Register Volume 69, Number 99 (Friday, May 21, 2004)]
[Rules and Regulations]
[Pages 29232-29234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11587]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Juan-04-044]
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 encompassing the waters of Limetree Bay and Limetree Bay 
Channel. This security zone is needed for national security reasons to 
protect the public and the HOVENSA facility from potential subversive 
acts. All vessels 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 April 16, 2004, until October 16, 
2004.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office San Juan, 5 Calle La Puntilla, San Juan, PR 00901. Marine Safety 
Office San Juan maintains the public docket for this rulemaking. 
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 this docket and will be available for inspection or 
copying at the Marine Safety Office between 7 a.m. and 3:30 p.m. Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Kevin Reed, Marine Safety Office 
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 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 temporary 
security zones have been established over the past few years and 
published in the Federal Register: 67 FR 2332, January 17, 2002; 67 FR 
57952, September 13, 2002; 67 FR 22296, April 28, 2003; 67 FR 41081, 
July 10, 2003; and 69 FR 6150, February 10, 2004. However, the last in 
this series of temporary final rules expired April 15, 2004. We did not 
receive any comments on these past temporary final rules.
    The Captain of the Port San Juan has determined that due to the 
continued risk and recent increases in maritime security concerns, 
there is the need to continue to have this regulation in place. The 
Coast Guard intends to publish a notice of proposed rulemaking to 
create a permanent security zone.

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-04-044), 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 and recent 
increases in maritime security concerns, 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, or that 
officer's 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, seven days 
a week.
    The temporary security zone is defined by a triangular area that 
extends 3 miles seaward from the HOVENSA facility and encompasses the 
waters of Limetree Bay and Limetree Channel, as outlined by the 
following coordinates: 17[deg]41[min]32[sec]N, 64[deg]45[min]09[sec]W; 
thence to 17[deg]41[min]44[sec]N, 64[deg]44[min]39[sec]W; thence to 
17[deg]38[min]30[sec]N, 64[deg]43[min]12[sec]W; thence returning to the 
beginning point at 17[deg]41[min]39[sec]N, 64[deg]45[min]09[sec]W. The 
security zone does not include the waters of the Cross Channel and 
Krause Lagoon Channel.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of

[[Page 29233]]

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.

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.
    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 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 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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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 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. An ``Environmental Analysis Check List'' 
and a ``Categorical Exclusion Determination'' (CED) are available in 
the docket where indicated under ADDRESSES.

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:

[[Page 29234]]

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 April 16, 2004, until October 16, 2004, add Sec.  165.T07-101 
to read as follows:


Sec.  165.T07-101  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 by a line connecting the following 
coordinates based on the NAD 83: The point at 17[deg]41[min]32[sec] 
North, 64[deg]45[min]09[sec] West; thence to 17[deg]41[min]44[sec] 
North, 64[deg]44[min]39[sec] West; thence to 17[deg]38[min]30[sec] 
North, 64[deg]43[min]12[sec] West; thence returning to the beginning 
point at 17[deg]41[min]32[sec] North, 64[deg]45[min]09[sec] West.
    (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 (COTP) or a Coast Guard commissioned, warrant, or petty 
officer designated by the Captain of the Port. 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.

    Dated: April 16, 2004.
William J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Juan.
[FR Doc. 04-11587 Filed 5-20-04; 8:45 am]
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