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Security Zone; St. Croix, United States Virgin Islands
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 10, 2003 (Volume 68, Number 132)]
[Rules and Regulations]
[Page 41081-41083]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy03-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Juan-03-113]
RIN 1625-AA00
Security Zone; St. Croix, United States Virgin Islands
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is 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 prior 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 regulation is effective at 6 p.m. on July 1, 2003 until
11:59 p.m. on December 15, 2003. Comments and related material must
reach the Coast Guard on or before September 8, 2003.
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 the docket [COTP San Juan-03-113]
and are available for
inspeciton or copying at Marine Safety Office San Juan, RODVAL Bldg,
San Martin St. #90 Ste 400, Guaynabo, PR 00968, between 7 a.m.
and 3:30 p.m. Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Michael Roldan, 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. The Coast Guard will issue a broadcast
notice to mariners to advise mariners of the restriction.
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
on August 30, 2002 and published in the Federal Register (67 FR 57952,
September 13, 2002) and on March 18, 2003 and published in the Federal
Register (67 FR 22296, April 28, 2003). However, these regualtions
expired on June 15, 2002, December 15, 2002, and June 15, 2003,
respectively. We did not receive any comments on these three
regulations. The Captain of the Port San Juan has determined that the
need to continue to have this regulation in place exists. The Coast
Guard intends to publish a separate notice of proposed rulemaking to
propose a final rule for a permanent security zone.
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 do so, please include your name and address, identify
the docket number for this rulemaking [COTP San Juan 03-113]
indicate
the specific section of this document to which each comment applies,
and gives 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. 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 on the World
Trade Center buildings in New York and the Pentagon in Arlington,
Virginia, 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 stores in
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 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. The
temporary security zone around the HOVENSA facility is outlined by the
following coordinates: 64[deg]45'09'' W, 17[deg]41'32'' N,
64[deg]43'36'' W, 17[deg]38'30'' N, 64[deg]43'36'' W, 17[deg]38'30'' N
and 64[deg]43'06'' W, 17[deg]38'42'' N.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of the 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 this 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
[[Page 41082]]
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.
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 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 rule calls for no new collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
A rule has implication 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. Although 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.
Environmental
The Coast Guard has considered the environmental impact of this
rule and concluded that under figure 2-1, paragraph 34(g), of
Commandant Instruction M14475.1D that this rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
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 relationships 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 Executive Order 12866 and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. It has not been designated by the Administrator of the Office
of Information and Regulatory Affairs as a significant energy action.
Therefore, it does not require a Statement of Energy Effects under
Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports 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 temporary section 165.T07-113 is added to read as follows:
Sec. 165.T07-113 Security Zone; HOVENSA Refinery, St. Croix, U.S.
Virgin Islands.
(a) Regulated area. All waters three miles seaward of the HOVENSA
facility waterfront outlined by the following coordinates:
64[deg]45'09'' W, 17[deg]41'32'' N, 64[deg]43'36'' W, 17[deg]38'30'' N,
64[deg]43'36'' W, 17[deg]38'30'' N and 64[deg]43'06'' W, 17[deg]38'42''
N.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, 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 (156.9
Mhz).
[[Page 41083]]
(2) 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) Effective period. This section is effective from 6 p.m. on July
1, 2003 until 11:59 p.m. on December 15, 2003.
Dated: June 30, 2003.
William J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 03-17462 Filed 7-9-03; 8:45 am]
BILLING CODE 4910-15-M