Security Zone Regulations; St. Croix, United States Virgin Islands, 2950-2952 [05-962]
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2950
Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in 14
CFR 71.1 of Federal Aviation
Administration Order 7400.9M, dated
August 30, 2004, and effective
September 16, 2004, is amended as
follows:
I
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
Regulatory Information
*
ACE KS E5 Coffeyville, KS
Coffeeyville Municipal Airport, KS
(Lat 37°05′39′′ N., long. 95°34′19′′ W.)
That airspace extending upward from 700
feet above the surface within a 7.6-mile
radius of Coffeyville Municipal Airport.
*
*
*
*
*
Issued in Kansas City, MO, on January 3,
2005.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services
Operations.
[FR Doc. 05–971 Filed 1–18–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD07–04–118]
RIN 1625–AA87
Security Zone Regulations; St. Croix,
United States Virgin Islands
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary security zone
in the vicinity of the HOVENSA refinery
facility in St. Croix, U.S. Virgin Islands.
This security zone extends
approximately 2 miles seaward from the
HOVENSA facility waterfront area along
the south coast of the island of St. Croix,
U.S. Virgin Islands. This security zone
is needed for national security reasons
to protect the public and the HOVENSA
facility from potential subversive acts.
Vessels without scheduled arrivals must
receive permission from the U.S. Coast
Guard Captain of the Port San Juan prior
to entering this temporary security zone.
DATES: This rule is effective from
November 5, 2004, until May 15, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
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15:11 Jan 18, 2005
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docket, are part of docket [CGD07–04–
118] and are available for inspection or
copying at Sector San Juan, 5 Calle La
Puntilla, San Juan, Puerto Rico between
7:30 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Katiuska
Pabon, Sector San Juan, Puerto Rico at
(787) 289–0739.
SUPPLEMENTARY 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 an NPRM. Publishing
an NPRM and delaying the rule’s
effective date would be contrary to the
public interest. Immediate action is
needed to protect the public, ports and
waterways of the United States from
potential subversive acts against the
HOVENSA facility.
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 published in
the Federal Register on January 17,
2002 (67 FR 2332), September 13, 2002
(67 FR 57952), April 28, 2003 (68 FR
22296), July 10, 2003 (68 FR 41081),
February 10, 2004 (69 FR 6150), and
May 21, 2004 (69 FR 29232). We did not
receive any comments on these
regulations.
The Captain of the Port San Juan has
determined that due to the continued
risk and recent necessary increases in
maritime security levels, the need for
the security zone persists. While the
Coast Guard intends to publish a notice
of proposed rulemaking and permanent
rule to ensure the security of this
waterfront facility, this temporary final
rule is required in the interim.
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 of subversive
activity 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 approximately 2
PO 00000
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Fmt 4700
Sfmt 4700
miles of the HOVENSA facility, unless
specifically permitted by the Captain of
the Port San Juan or a designated
representative. 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-aday, 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.
Discussion of Rule
The temporary security zone around
the HOVENSA facility encompasses all
waters within a line connecting the
following coordinates: 17°41′31″ N,
64°45′09″ W, to 17°39′36″ N, 64°44′12″
W, to 17°40′00″ N, 64°43′36″ W, to
17°41′48″ N, 64°44′25″ W, and back to
the beginning point. All vessels without
a scheduled arrival into the HOVENSA
facility are prohibited from coming
within this security zone—that extends
approximately 2 mile seaward from the
facility, unless specifically permitted by
the Captain of the Port San Juan or a
designated representative.
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). This security 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 a designated representative.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic effect upon a
substantial number of small entities.
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 rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
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Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations
entities, some of which may be small
entities: Owners of small charter fishing
or diving operations that may operate
near the HOVENSA facility. This
security zone will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. This zone covers an
area that is not typically used by
commercial fishermen, and vessels may
be allowed to enter the zone on a caseby-case basis with the permission of the
Captain of the Port San Juan.
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 rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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 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.
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.
Collection of Information
This rule calls 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 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
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15:11 Jan 18, 2005
Jkt 205001
Taking of Private Property
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.
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 relationship 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 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.
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2951
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this 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
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. Under figure 2–1,
paragraph (34)(g), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ (CED) are not required
for this rule.
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:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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. From November 5, 2004, to May 15,
2005, add a new § 165.T07–118 to read
as follows:
I
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2952
Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Rules and Regulations
§ 165.T07–118 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, encompassed within a line
connecting the following coordinates:
17°41′31″ N, 64°45′09″ W, to
17°39′36″ N, 64°44′12″ W, to 17°40′00″
N, 64°43′36″ W, to 17°41′48″ N,
64°44′25″ W, and then back to the point
of origins.
(b) Regulations. In accordance with
the general regulations in § 165.33 of
this part, with the exception of vessels
that have an arrival scheduled with the
HOVENSA Facility, no vessel may enter
the regulated area unless specifically
authorized by the Captain of the Port
(COTP) San Juan, a Coast Guard
commissioned, warrant, or petty officer
designated by COTP San Juan. 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 on VHF Marine
Band Radio, Channel 16 (156.8 Mhz) or
by calling (787) 289–2040, 24-hours-aday, 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) Dates. This section is effective
from November 5, 2004, until May 15,
2005.
Dated: November 5, 2004.
E. Emeric,
Commander, U.S. Coast Guard, Captain of
the Port, San Juan.
[FR Doc. 05–962 Filed 1–18–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 2
[Docket No. 2004–T–051]
RIN 0651–AB83
Changes in Fees for Filing
Applications for Trademark
Registration
United States Patent and
Trademark Office, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: The United States Patent and
Trademark Office (Office) is amending
its rules of practice to adjust the fee for
filing a trademark application for
registration based on whether the
application is filed on paper or
electronically using the Trademark
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15:11 Jan 18, 2005
Jkt 205001
Electronic Application System (TEAS).
Specifically, the Office is amending its
rules to provide that: The fee for a
trademark application filed on paper
shall be increased to $375.00 for each
class of goods or services; and the fee for
a trademark application filed through
TEAS shall be decreased to $325.00 for
each class of goods or services.
EFFECTIVE DATE: January 31, 2005.
FOR FURTHER INFORMATION CONTACT:
Cheryl Black, Office of the Deputy
Commissioner for Trademark
Examination Policy, by telephone at
(571) 272–9565, or by e-mail to
cheryl.black@uspto.gov.
SUPPLEMENTARY INFORMATION: The Office
is amending the trademark rules of
practice governing the payment of fees
for trademark applications to require
payment based on whether the
application is filed on paper or
electronically through TEAS.
Specifically, the Office is amending its
rules to provide that: (1) The fee for a
trademark application filed on paper
shall be increased to $375.00 for each
class of goods or services; and (2) the fee
for a trademark application filed
through TEAS shall be decreased to
$325.00 for each class of goods or
services.
Background
The Consolidated Appropriations Act
2005, Pub. L. 108–447, (Appropriations
Act) was enacted on December 8, 2004.
The Appropriations Act amends the
Trademark Act of 1946 to require that:
[D]uring fiscal years 2005 and 2006, under
such conditions as may be prescribed by the
Director, the fee under § 31(a) of the
Trademark Act * * * for (1) the filing of a
paper application for trademark registration
shall be $375; (2) the filing of an electronic
application shall be $325; and (3) the filing
of an electronic application meeting certain
additional requirements prescribed by the
Director shall be $275.
This final rule adjusts the trademark
application filing fees for applications
filed pursuant to § 1 or 44 of the
Trademark Act on paper to $375.00 per
class and applications filed pursuant to
§ 1 or 44 of the Trademark Act through
TEAS to $325.00 per class in accordance
with the provisions of 15 U.S.C. 1113(a),
as amended by the Appropriations Act.
The purpose of the lower fee for TEAS
applications is to encourage applicants
to file trademark applications
electronically and to respond to any
outstanding issues electronically. The
Director will not prescribe rules for
electronic applications that qualify for a
filing fee of $275.00 until the Office
deploys the information technology
systems necessary to process these
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
applications. Electronic applications in
this third category will have additional
filing date requirements.
The filing fee for Madrid Protocol
applications under § 66(a) of the
Trademark Act (66(a) applications) will
remain unchanged. The Office will
amend the filing fee for 66(a)
applications in accordance with the
requirements and procedures set forth
in the Rule 35 of the Common
Regulations Under the Madrid
Agreement Concerning the International
Registration of Marks and the Protocol
Relating to That Agreement (Common
Regs.) (April 1, 2004) and issue a notice
of the effective date of the change. The
rule change in § 2.6 is waived as to 66(a)
applications until the procedures
required by the Common Regs. are
completed.
References below to ‘‘the Act,’’ ‘‘the
Trademark Act,’’ or ‘‘the statute’’ refer to
the Trademark Act of 1946, 15 U.S.C.
1051, et seq., as amended.
Discussion of Specific Rules
The Office is amending rules 2.6, 2.86
and 2.87.
The Office is revising § 2.6(a)(1) to
provide that the fee for filing an
application on paper is $375.00 per
class, and that the fee for filing an
application through TEAS is $325.00
per class.
The Office is amending § 2.86(a)(2) to
provide that the filing fees for a multiple
class application are based on § 2.6,
which lays out a two-track fee system
based on whether payment is made on
paper or through TEAS. For example, if
the applicant files a single class
application through TEAS, the applicant
must pay the TEAS application filing
fee for the class identified in the
application. If, on examination, the
Office determines that it is a multiple
class application, the applicant may
respond through TEAS and pay the
TEAS application filing fee for each
additional class. Alternatively, the
applicant may respond by mail or fax
and pay the paper application filing fee
for each additional class.
The Office is revising § 2.87(b) to
provide that where a new separate
application is created from a request to
divide out some, but not all, of the
goods or services in a class, the
applicant must pay the fee for dividing
the application and the applicable
application filing fee as set forth in
§ 2.6(a)(1). Currently division requests
can only be filed on paper, so the
applicable filing fee will be $375.00 per
class. However, in the future it will be
possible to file a request to divide
through TEAS, and at that point, if the
request to divide is filed through TEAS,
E:\FR\FM\19JAR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Rules and Regulations]
[Pages 2950-2952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-962]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD07-04-118]
RIN 1625-AA87
Security Zone Regulations; St. Croix, United States Virgin
Islands
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone in
the vicinity of the HOVENSA refinery facility in St. Croix, U.S. Virgin
Islands. This security zone extends approximately 2 miles seaward from
the HOVENSA facility waterfront area along the south coast of the
island of St. Croix, U.S. Virgin Islands. This security zone is needed
for national security reasons to protect the public and the HOVENSA
facility from potential subversive acts. Vessels without scheduled
arrivals must receive permission from the U.S. Coast Guard Captain of
the Port San Juan prior to entering this temporary security zone.
DATES: This rule is effective from November 5, 2004, until May 15,
2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD07-04-118] and are available for
inspection or copying at Sector San Juan, 5 Calle La Puntilla, San
Juan, Puerto Rico between 7:30 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Katiuska
Pabon, Sector San Juan, Puerto Rico at (787) 289-0739.
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 an NPRM. Publishing an NPRM and
delaying the rule's effective date would be contrary to the public
interest. Immediate action is needed to protect the public, ports and
waterways of the United States from potential subversive acts against
the HOVENSA facility.
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 published in the Federal Register on January 17, 2002 (67 FR
2332), September 13, 2002 (67 FR 57952), April 28, 2003 (68 FR 22296),
July 10, 2003 (68 FR 41081), February 10, 2004 (69 FR 6150), and May
21, 2004 (69 FR 29232). We did not receive any comments on these
regulations.
The Captain of the Port San Juan has determined that due to the
continued risk and recent necessary increases in maritime security
levels, the need for the security zone persists. While the Coast Guard
intends to publish a notice of proposed rulemaking and permanent rule
to ensure the security of this waterfront facility, this temporary
final rule is required in the interim.
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 of subversive activity 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 approximately 2 miles of the HOVENSA facility, unless
specifically permitted by the Captain of the Port San Juan or a
designated representative. 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.
Discussion of Rule
The temporary security zone around the HOVENSA facility encompasses
all waters within a line connecting the following coordinates:
17[deg]41[min]31[sec] N, 64[deg]45[min]09[sec] W, to
17[deg]39[min]36[sec] N, 64[deg]44[min]12[sec] W, to
17[deg]40[min]00[sec] N, 64[deg]43[min]36'' W, to 17[deg]41[min]48[sec]
N, 64[deg]44[min]25[sec] W, and back to the beginning point. All
vessels without a scheduled arrival into the HOVENSA facility are
prohibited from coming within this security zone--that extends
approximately 2 mile seaward from the facility, unless specifically
permitted by the Captain of the Port San Juan or a designated
representative.
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). This security
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 a designated representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic effect
upon a substantial number of small entities. 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following
[[Page 2951]]
entities, some of which may be small entities: Owners of small charter
fishing or diving operations that may operate near the HOVENSA
facility. This security zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. 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.
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 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.
Collection of Information
This rule calls 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 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 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.
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 relationship 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 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 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. Under figure 2-1, paragraph (34)(g), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' (CED) are not required for this
rule.
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. From November 5, 2004, to May 15, 2005, add a new Sec. 165.T07-118
to read as follows:
[[Page 2952]]
Sec. 165.T07-118 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, encompassed within a line connecting the
following coordinates:
17[deg]41[min]31[sec] N, 64[deg]45[min]09[sec] W, to
17[deg]39[min]36[sec] N, 64[deg]44[min]12[sec] W, to
17[deg]40[min]00[sec] N, 64[deg]43[min]36[sec] W, to
17[deg]41[min]48[sec] N, 64[deg]44[min]25[sec] W, and then back to the
point of origins.
(b) Regulations. In accordance with the general regulations in
Sec. 165.33 of this part, with the exception of vessels that have an
arrival scheduled with the HOVENSA Facility, no vessel may enter the
regulated area unless specifically authorized by the Captain of the
Port (COTP) San Juan, a Coast Guard commissioned, warrant, or petty
officer designated by COTP San Juan. 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 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) Dates. This section is effective from November 5, 2004, until
May 15, 2005.
Dated: November 5, 2004.
E. Emeric,
Commander, U.S. Coast Guard, Captain of the Port, San Juan.
[FR Doc. 05-962 Filed 1-18-05; 8:45 am]
BILLING CODE 4910-15-P
