[Federal Register Volume 73, Number 94 (Wednesday, May 14, 2008)]
[Rules and Regulations]
[Pages 27745-27747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10697]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0284, Formerly COTP San Juan 05-007]
RIN 1625-AA87


Security Zone: HOVENSA Refinery, St. Croix, United States Virgin 
Islands

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is issuing a final rule for a security zone in 
the vicinity of the HOVENSA refinery facility on St. Croix, U.S. Virgin 
Islands, which makes a slight change to the current boundary 
established by an interim rule. The security zone is needed for 
national security reasons to protect the public and the HOVENSA 
facility from potential subversive acts. This rule excludes entry into 
the security zone by all vessels without permission of the U.S. Coast 
Guard Captain San Juan (COTP) or a scheduled arrival in accordance with 
the Notice of Arrival requirements of 33 CFR part 160, subpart C.

DATES: This rule is effective June 13, 2008.

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 docket Docket No. USCG-2008-0284 (formerly COTP San Juan 
05-007), and are available online at http://www.regulations.gov. This 
material is also available for inspection or copying at two locations: 
the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday thru Friday, except Federal holidays and at Sector San Juan 
Prevention Operations Department in San Juan, Puerto Rico, between 7:30 
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule 
call Lieutenant A. M. Schmidt of Sector San Juan, Prevention Operations 
Department at (787) 289-2086. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On February 10, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone: HOVENSA Refinery, St. Croix, United 
States Virgin Islands'' in the Federal Register (70 FR 7065). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.
    On August 6, 2007, we published an interim rule (IR) with request 
for comments entitled ``Security Zone: HOVENSA Refinery, St. Croix, 
United States Virgin Islands'' in the Federal Register (72 FR 43535). 
We received no letters commenting on the interim rule. No public 
meeting was requested, and none was held.

Background and Purpose

    Before the IR we published in August, the Coast Guard published 
similar temporary security zones in the Federal Register at 67 FR 2332, 
January 17, 2002; 67 FR 57952, September 13, 2002; 68 FR 22296, April 
28, 2003; 68 FR 41081, July 10, 2003; 69 FR 6150, February 10, 2004; 69 
FR 29232, May 21, 2004; and 70 FR 2950, January 19, 2005. Given the 
highly volatile nature of the substances handled at the HOVENSA 
facility, the Coast Guard recognizes that it could be a potential 
terrorist target and there is continuing risk that subversive activity 
could be launched by vessels or persons in close proximity to the 
facility. This activity could be directed against tank vessels and the 
waterfront facility. The COTP is reducing this risk by prohibiting all 
vessels from entering within approximately two miles of the HOVENSA 
facility unless they have been specifically authorized by the COTP or 
have submitted a notice of arrival in accordance with the notice of 
arrival requirements of 33 CFR part 160, subpart C.

Discussion of Comments and Changes

    Although no comments were received on the NPRM, in the preamble of 
the IR the COTP proposed an amendment to the regulatory text before 
issuing this final rule. The purpose of the amendment was to clarify 
the boundaries of the security zone and reduce the potential for 
misinterpretation. The proposed amendment was published in the 
aforementioned IR with request for comments in the Federal Register. No 
comments were received, and we have made no changes from the text of 
the interim rule other than what was specifically proposed in the IR: 
To change a portion of the description of the security zone in 33 CFR 
165.766(a) from ``and returning to the point of origin,'' to ``then 
tracing the shoreline along the water's edge to the point of origin.'' 
72 FR 43535, August 6, 2008.

Discussion of Rule

    The security zone includes all waters surrounded by a line 
connecting the following coordinates: 17[deg]41'31'' N, 064[deg]45'09'' 
W; 17[deg]39'36'' N, 064[deg]44'12'' W; 17[deg]40'00'' N, 
064[deg]43'36'' W; 17[deg]41'48'' N, 064[deg]44'25'' W, and then 
tracing the shoreline along the water's edge to the point of origin. 
The security zone includes the waters extending approximately 2 miles 
seaward of the HOVENSA facility including Limetree Bay Channel and 
portions of Limetree Bay. All coordinates are based upon North American 
Datum 1983 (NAD 1983). All vessels without a scheduled arrival in 
accordance with the Notice of Arrival requirements of 33 CFR part 160, 
subpart C, are prohibited from entering the zone unless specifically 
authorized by the COTP.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. The burden imposed on the 
public by this rule is minimal and mariners may obtain permission to 
enter the zone from the COTP or by scheduling an arrival in accordance 
with the Notice of Arrival requirements of 33 CFR, part 160, subpart C.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on 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.
    Owners of small fishing or charter diving operations that operate 
near the

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HOVENSA facility may be affected by the existence of this security 
zone.
    This rule will not have a significant economic impact on the above-
mentioned entities or a substantial number of small entities because 
this security zone covers an area that is not typically used by 
commercial fishermen or divers. Additionally, vessels can transit 
around the zone and may be allowed to enter the zone on a case-by-case 
basis with the permission of the COTP.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' 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:

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, 6.04-1, 6.04-6, and 160.5; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.770 to read as follows:


Sec.  165.770  Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin 
Islands.

    (a) Regulated area. The Coast Guard is establishing a security zone 
in and around the HOVENSA Refinery on the south coast of St. Croix, 
U.S. Virgin Islands. This security zone includes all waters from 
surface to bottom, encompassed by an imaginary line connecting the 
following points: Point 1

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in position 17[deg]41'31'' N, 064[deg]45'09'' W; Point 2 in position 
17[deg]39'36'' N, 064[deg]44'12'' W; Point 3 in position 17[deg]40'00'' 
N, 064[deg]43'36'' W; Point 4 in position 17[deg]41'48'' N, 
064[deg]44'25'' W; then tracing the shoreline along the water's edge to 
the point of origin. These coordinates are based upon North American 
Datum 1983 (NAD 1983).
    (b) Regulations. (1) Under Sec.  165.33, entry into or remaining 
within the regulated area in paragraph (a) of this section is 
prohibited unless authorized by the Coast Guard Captain of the Port San 
Juan or vessels have a scheduled arrival at HOVENSA, Limetree Bay, St. 
Croix, in accordance with the Notice of Arrival requirements of 33 CFR 
part 160, subpart C.
    (2) Persons and vessels desiring to transit the Regulated Area may 
contact the U.S. Coast Guard Captain of the Port San Juan at telephone 
number 787-289-2041 or on VHF channel 16 (156.8 MHz) to seek permission 
to transit the area. If permission is granted, all persons and vessels 
must comply with the instructions of the Captain of the Port.

    Dated: April 30, 2008.
R.R. Rodriguez,
Commander, U.S. Coast Guard, Acting Captain of the Port San Juan.
[FR Doc. E8-10697 Filed 5-13-08; 8:45 am]
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