[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Rules and Regulations]
[Pages 2950-2952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-962]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD07-04-118]
RIN 1625-AA87


Security Zone Regulations; St. Croix, United States Virgin 
Islands

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone in 
the vicinity of the HOVENSA refinery facility in St. Croix, U.S. Virgin 
Islands. This security zone extends approximately 2 miles seaward from 
the HOVENSA facility waterfront area along the south coast of the 
island of St. Croix, U.S. Virgin Islands. This security zone is needed 
for national security reasons to protect the public and the HOVENSA 
facility from potential subversive acts. Vessels without scheduled 
arrivals 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 November 5, 2004, until May 15, 
2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD07-04-118] and are available for 
inspection or copying at Sector San Juan, 5 Calle La Puntilla, San 
Juan, Puerto Rico between 7:30 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Katiuska 
Pabon, Sector 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 an NPRM. Publishing an NPRM and 
delaying the rule's effective date would be contrary to the public 
interest. Immediate action is needed to protect the public, ports and 
waterways of the United States from potential subversive acts against 
the HOVENSA facility.
    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 published in the Federal Register on January 17, 2002 (67 FR 
2332), September 13, 2002 (67 FR 57952), April 28, 2003 (68 FR 22296), 
July 10, 2003 (68 FR 41081), February 10, 2004 (69 FR 6150), and May 
21, 2004 (69 FR 29232). We did not receive any comments on these 
regulations.
    The Captain of the Port San Juan has determined that due to the 
continued risk and recent necessary increases in maritime security 
levels, the need for the security zone persists. While the Coast Guard 
intends to publish a notice of proposed rulemaking and permanent rule 
to ensure the security of this waterfront facility, this temporary 
final rule is required in the interim.

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 of subversive activity 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 approximately 2 miles of the HOVENSA facility, unless 
specifically permitted by the Captain of the Port San Juan or a 
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, 7-days-a-week.

Discussion of Rule

    The temporary security zone around the HOVENSA facility encompasses 
all waters within a line connecting the following coordinates: 
17[deg]41[min]31[sec] N, 64[deg]45[min]09[sec] W, to 
17[deg]39[min]36[sec] N, 64[deg]44[min]12[sec] W, to 
17[deg]40[min]00[sec] N, 64[deg]43[min]36'' W, to 17[deg]41[min]48[sec] 
N, 64[deg]44[min]25[sec] W, and back to the beginning point. All 
vessels without a scheduled arrival into the HOVENSA facility are 
prohibited from coming within this security zone--that extends 
approximately 2 mile seaward from the facility, unless specifically 
permitted by the Captain of the Port San Juan or a designated 
representative.

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). This security 
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 a designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic effect 
upon a substantial number of small entities. The term ``small 
entities'' comprises 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. This rule will affect the following

[[Page 2951]]

entities, some of which may be small entities: Owners of small charter 
fishing or diving operations that may operate near the HOVENSA 
facility. This security zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. 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.

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 Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates 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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls 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 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.

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 relationship 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 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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. Under figure 2-1, paragraph (34)(g), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' (CED) are not required for this 
rule.

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. From November 5, 2004, to May 15, 2005, add a new Sec.  165.T07-118 
to read as follows:

[[Page 2952]]

Sec.  165.T07-118  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 within a line connecting the 
following coordinates:
    17[deg]41[min]31[sec] N, 64[deg]45[min]09[sec] W, to 
17[deg]39[min]36[sec] N, 64[deg]44[min]12[sec] W, to 
17[deg]40[min]00[sec] N, 64[deg]43[min]36[sec] W, to 
17[deg]41[min]48[sec] N, 64[deg]44[min]25[sec] W, and then back to the 
point of origins.
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.33 of this part, with the exception of vessels that have an 
arrival scheduled with the HOVENSA Facility, no vessel may enter the 
regulated area unless specifically authorized by the Captain of the 
Port (COTP) San Juan, a Coast Guard commissioned, warrant, or petty 
officer designated by COTP San Juan. 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.
    (c) Dates. This section is effective from November 5, 2004, until 
May 15, 2005.

    Dated: November 5, 2004.
E. Emeric,
Commander, U.S. Coast Guard, Captain of the Port, San Juan.
[FR Doc. 05-962 Filed 1-18-05; 8:45 am]
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