6150 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

gate of the Wilmington State Port at 

34°11′29.578′′ N, 077°56′55.240′′ W 

(Point 16); proceeding South 

approximately 750 yards to the 

Southeast property corner of the Apex 

facility at 34°11′10.936′′ N, 

077°57′04.798′′ W (Point 17); proceeding 

West to East bank of Cape Fear River at 

34°11′11.092′′ N, 077°57′17.146′′ W 

(Point 18); proceeding South along East 

bank of Cape Fear River to the point of 

origins at 34°10′38.394′′ N, 

077°57′16.248′′ W (Point 1). 

(b) Captain of the Port. Captain of the 

Port means the Commanding Officer of 

the Marine Safety Office Wilmington, 

NC, or any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized to act on her behalf. 

(c) Regulations. (1) All persons are 

required to comply with the general 

regulations governing security zones in 

33 CFR 165.33. 

(2) Persons or vessels with a need to 

enter or get passage within the security 

zone, must first request authorization 

from the Captain of the Port. The 

Captain of the Port’s representative 

enforcing the zone can be contacted on 

VHF marine band radio, channel 16. 

The Captain of the Port can be contacted 

at (910) 772–2200 or toll free (877) 229–

0770. 

(3) The operator of any vessel within 

this security zone must: 

(i) Stop the vessel immediately upon 

being directed to do so by the Captain 

of the Port or his or her designated 

representative. 

(ii) Proceed as directed by the Captain 

of the Port or his or her designated 

representative. 

(d) Effective period. This section is 

effective from January 15, 2004, to June 

13, 2004.

Dated: January 15, 2004. 

Jane M. Hartley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Wilmington, North Carolina.

[FR Doc. 04–2735 Filed 2–9–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP San Juan 03–176] 

RIN 1625–AA00 

Security Zone; St. Croix, United States 

Virgin Islands

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for 

comments. 

SUMMARY: The Coast Guard is reestablishing a temporary security zone 

in the vicinity of the HOVENSA refinery 

facility on St. Croix, U.S. Virgin Islands. 

This security zone extends 3 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 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 rule is effective from 11:59 

p.m. on December 24, 2003, through 

11:59 p.m. on April 15, 2004. Comments 

and related material must reach the 

Coast Guard on or before April 12, 2004.

ADDRESSES: 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 the docket [COTP San 

Juan 03–176] and will be available for 

inspection or copying at Marine Safety 

Office San Juan between 7 a.m. and 3:30 

p.m. Monday through Friday, except 

Federal holidays. Marine Safety Office 

San Juan, is located in the RODVAL 

Bldg, San Martin St. 90 Ste 400, 

Guaynabo, PR 00968. Marine Safety 

Office San Juan maintains the public 

docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: LT 

Fred Meadows, 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. 

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, 

January 17, 2002); and again on 

September 13, 2002 (67 FR 57952, 

September 13, 2002), on March 18, 2003 

(67 FR 22296, April 28, 2003); and on 

June 30, 2003 (67 FR 41081, July 10, 

2003). However, these regulations have 

expired—on June 15, 2002; December 

15, 2002; June 15, 2003; and December 

15, 2003, respectively. We did not 

receive any comments on these 

regulations. 

The Captain of the Port San Juan has 

determined that due to the continued 

security risks, the nature of the 

HOVENSA facility, recent increases in 

the Homeland Security Advisory 

System level and maritime security 

level, this rule is needed to ensure the 

safety and security of this facility. 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 

submit a comment, please include your 

name and address, identify the docket 

number for this rulemaking (COTP San 

Juan 03–176), 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 81⁄2 by 

11 inches, suitable for copying to the 

address indicated in ADDRESSES. 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 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 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 through 

Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 6151

the Coast Guard Greater Antilles Section 

Command Center via 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. 

The temporary security zone around 

the HOVENSA facility is outlined by the 

following coordinates: 64°45′09′′ West, 

17°41′32′′ North, 64°43′36′′ West, 

17°38′30′′ North, 64°43′36′′ West, 

17°38′30′′ North and 64°43′06′′ West, 

17°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. 

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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 

6152 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

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 draft ‘‘Environmental 

Analysis Check List’’ and a draft 

‘‘Categorical Exclusion Determination’’

(CED) are available in the docket where 

indicated under ADDRESSES. Comments 

on this section will be considered before 

we make the final decision on whether 

the rule should be categorically 

excluded from further environmental 

review.

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

■ 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.

■ 2. A new section 165.T07–176 is added 

to read as follows:

§ 165.T07–176 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, 3 miles seaward of the 

HOVENSA facility waterfront outlined 

by the following coordinates:

Latitude Longitude 

64°45′09′′ West ......... 17°41′32′′ North. 

64°43′36′′ West ......... 17°38′30′′ North. 

64°43′36′′ West ......... 17°38′30′′ North. 

64°43′06′′ West ......... 17°38′42′′ North. 

(b) Regulations. Under § 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 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 through the 

Greater Antilles Section Command 

Center via 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) Effective period. This section is 

effective from 11:59 p.m. on December 

24, 2003, through 11:59 p.m. on April 

15, 2004.

Dated: December 24, 2003. 

W.J. Uberti, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Juan.

[FR Doc. 04–2749 Filed 2–9–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Philadelphia 03–004] 

RIN 1625–AA00 

Security Zone; Limerick Generating 

Station, Schuylkill River, Montgomery 

County, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; change in 

effective period. 

SUMMARY: The Coast Guard is 

continuing the effective period of the 

temporary security zone on the waters 

adjacent to the Limerick Generating 

Station. This will protect the safety and 

security of the generating station from 

subversive activity, sabotage, or terrorist 

attacks initiated from surrounding 

waters. This action will close water 

areas around the station.

DATES: Effective January 16, 2004, 

§ 165.T05–090, originally added at 68 

FR 33386, June 4, 2003, effective from 

5 p.m. e.d.t. on May 13, 2003, to 5 p.m. 

e.s.t. on January 24, 2004, is reinstated 

and is effective through 11:59 p.m. 

(e.s.t.) on February 29, 2004.

ADDRESSES: Documents as indicated in 

this preamble are available as part of 

docket COTP Philadelphia 03–004 for 

inspection or copying at Coast Guard 

Marine Safety Office Philadelphia, One 

Washington Avenue, Philadelphia, 

Pennsylvania, 19147, between 8 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Kevin Sligh or 

Ensign Doreen Moore, Coast Guard 

Marine Safety Office/Group 

Philadelphia, at (215) 271–4889.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

rule. Under 5 U.S.C. 553(b)(B) and 

(d)(3), the Coast Guard finds that good 

cause exists for not publishing a NPRM 

and for making this rule effective less 

than 30 days after publication in the 

Federal Register. Based upon the 

warnings from national security and 

intelligence personnel, this rule is 

urgently required to protect the plant 

from subversive activity, sabotage or 

possible terrorist attacks initiated from 

the waters surrounding the plants. 

Delaying the effective date of the rule 

would be contrary to the public interest, 

since immediate action is needed to 

continue to protect the persons at the 

facilities, the public and surrounding 

communities from the release of nuclear 

radiation. This security zone should 

have minimal impact on vessel transits 

because the security zone does not block 

the channel. 

On September 16, 2003, we published 

a notice of proposed rulemaking (68 FR 

53928) to create a permanent security 

zone in the same area this temporary 

final rule covers. It is taking longer to 

resolve issues related to the final rule 

than originally expected at the time the 

first temporary final rule was issued (68 

FR 33386, June 4, 2003). Our extension 

of the effective period of the temporary 

security zone is intended to provide the 

Coast Guard with enough time to 

complete the rulemaking for a 

permanent zone without an interruption 

in the protection provided at the site by 

the temporary security zone. 

Background and Purpose 

Due to the continued warnings from 

national security and intelligence 

officials that future terrorist attacks are 

possible, such as those launched against 

New York and Washington, DC, on 

September 11, 2001, heightened security 

measures are necessary for the area 

surrounding the Limerick Generating 

Station. This rule will provide the 

Captain of the Port Philadelphia with 

enforcement options to deal with 

potential threats to the security of the 

generating station. As noted, the Coast 

Guard has proposed to establish a 

permanent security zone that would 

control waterside access to the station.

Discussion of Rule 

This temporary rule will extend the 

effective period of the security zone 

from 5 p.m. (EST) on January 24, 2004 

to 11:59 p.m. (EST) on February 29, 

2004. No person or vessel may enter or 

remain in the prescribed security zone