[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Rules and Regulations]
[Pages 6150-6152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2749]


-----------------------------------------------------------------------

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 re-establishing 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 8\1/
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

[[Page 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<deg<ls-thn-eq>45'09'' West, 
17<deg<ls-thn-eq>41'32'' North, 64<deg<ls-thn-eq>43'36'' West, 
17<deg<ls-thn-eq>38'30'' North, 64<deg<ls-thn-eq>43'36'' West, 
17<deg<ls-thn-eq>38'30'' North and 64<deg<ls-thn-eq>43'06'' West, 
17<deg<ls-thn-eq>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

[[Page 6152]]

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.

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. A new section 165.T07-176 is added to read as follows:


Sec. 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<deg<ls-thn-eq>45'09'' West.............  17<deg<ls-thn-eq>41'32''
                                             North.
64<deg<ls-thn-eq>43'36'' West.............  17<deg<ls-thn-eq>38'30''
                                             North.
64<deg<ls-thn-eq>43'36'' West.............  17<deg<ls-thn-eq>38'30''
                                             North.
64<deg<ls-thn-eq>43'06'' West.............  17<deg<ls-thn-eq>38'42''
                                             North.
------------------------------------------------------------------------

    (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 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