[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Rules and Regulations]
[Pages 15069-15071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05158]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0011]
RIN 1625-AA87


Security Zone; Limetree Bay Terminals, St. Croix, U.S. Virgin 
Islands

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the name and locating of an 
existing security zone in St. Croix, U.S. Virgin Islands. This rule 
adjusts the coordinates of the security zone and updates the facility 
name from HOVENSA Refinery to Limetree Bay Terminals. The rule 
continues to prohibit persons and vessels from entering the security 
zone, unless authorized by the Captain of the Port San Juan or a 
designated representative. This action is necessary to better meet the 
safety and security needs of Limetree Bay Terminals in St. Croix, USVI.

DATES: This rule is effective April 16, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0011 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Pedro Mendoza, Sector San Juan 
Prevention Department, Waterways Management Division, U.S. Coast Guard; 
telephone 787-729-2374, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
USVI U.S. Virgin Islands

II. Background Information and Regulatory History

    On November 21, 2019, the Coast Guard received a request to extend 
the regulated area of the security zone and update the facility name to 
Limetree Bay Terminals. The existing regulation in 33 CFR 165.770, 
contains a fixed security zone around the HOVENSA Refinery on the south 
coast of St. Croix, USVI. Limetree Bay Terminals recently installed a 
Single Point Mooring system to enable deep draft vessel traffic to 
transfer to and from the facility. The location of the Single Point 
Mooring systems falls outside of the existing security zone. In 
response, on January 27, 2020, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Security Zone; Limetree Bay 
Terminals, St. Croix, U.S. Virgin

[[Page 15070]]

Islands'' (85 FR 4619). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this the 
Limetree Bay Terminals security zone. During the comment period that 
ended February 26, 2020, we received no comments.

III. Legal Authority and Need for Rule

    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters surrounding Limetree Bay Terminals. The Coast 
Guard is establishing this rulemaking under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231).

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
January 27, 2020. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule amends the existing fixed security zone in 33 CFR 165.770 
to expand the regulated area and to update the facility name. This rule 
increases the regulated area by approximately 880 yards (.5 mile) to 
encompass the new mooring system location installed by the facility. We 
updated the facility name to Limetree Bay Terminals to reflect its 
current ownership. Vessels may seek permission from the COTP to transit 
through the security zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on [provide factual 
reasons related to the waterway, duration of rule, etc.].

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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 (adjusted for 
inflation) 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
expanding an existing security zone and updating the facility name. 
Normally such actions are categorically excluded from further review 
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the

[[Page 15071]]

person listed in the FOR FURTHER INFORMATION CONTACT section to 
coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


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


Sec.  165.770   Security Zone; Limetree Bay Terminals, St. Croix, U.S. 
Virgin Islands.

    (a) Regulated area. The Coast Guard is establishing a security zone 
in and around Limetree Bay Terminals 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 in position 17[deg]41'48'' N, 064[deg]44'26'' 
W; Point 2 in position 17[deg]40'00'' N, 064[deg]43'36'' W; Point 3 in 
position 17[deg]39'36'' N, 064[deg]44'48'' W; Point 4 in position 
17[deg]41'33'' N, 064[deg]45'08'' 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 Limetree Bay Terminals, St. 
Croix, in accordance with the Notice of Arrival requirements of 33 CFR 
part 160, subpart C.
    (2) Persons desiring to transit the area of the security zone may 
contact the COTP San Juan or designated representative at telephone 
number 787-289-2041 or on VHF-FM Channel 16. If permission is granted, 
all persons and vessels must comply with the instructions of the COTP 
or designated representative.

    Dated: March 9, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-05158 Filed 3-16-20; 8:45 am]
 BILLING CODE 9110-04-P