[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Proposed Rules]
[Pages 4619-4621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01225]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to modify the name and location
of an existing security zone in St. Croix, U.S. Virgin Islands. This
proposed rule would adjust the coordinates of the security zone and
update the facility name from HOVENSA Refinery to Limetree Bay
Terminals. The proposed rule would continue 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. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before February 26, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0011 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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, Purpose, and Legal Basis
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. 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. 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. The proposed rule would increase the security zone by
approximately 880 yards (.5 mile) to encompass their new mooring
system.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters surrounding Limetree Bay Terminals. The Coast
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).]
III. Discussion of Proposed Rule
The proposed rule would amend the existing fixed security zone in
33 CFR 165.770 to expand the regulated area and to update the facility
name. We are proposing to increase the regulated area by approximately
880 yards (.5 mile) to encompass the new mooring system location
installed by the facility. We are proposing to update 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.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 size and location
of the security zone. Vessel traffic would be able to continue to
safely transit around the security which would impact a small
designated area of southern St. Croix, USVI. The rule will allow
vessels to seek permission to transit through the security zone.
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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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.
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.
[[Page 4620]]
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed 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 preliminary 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. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing to amend 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
[[Page 4621]]
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: January 21, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-01225 Filed 1-24-20; 8:45 am]
BILLING CODE 9110-04-P