Security Zone: HOVENSA Refinery, St. Croix, United States Virgin Islands, 43535-43537 [E7-15160]

Download as PDF Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations format, no larger than 81⁄2 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 interim rule in view of them. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. COTP San Juan 05–007] RIN 1625–AA87 Security Zone: HOVENSA Refinery, St. Croix, United States Virgin Islands Coast Guard, DHS. Interim rule with request for comments. AGENCY: ACTION: cprice-sewell on PROD1PC62 with RULES SUMMARY: The Coast Guard is establishing a security zone in the vicinity of the HOVENSA refinery facility on St. Croix, U.S. Virgin Islands. The security zone is needed for national security reasons to protect the public and the HOVENSA facility from potential subversive acts. This interim rule excludes entry into the security zone by all vessels without permission of the U.S. Coast Guard Captain of the Port San Juan or a scheduled arrival in accordance with the Notice of Arrival requirements of 33 CFR part 160, subpart C. DATES: This interim rule is effective August 6, 2007. Comments and related material must reach the Coast Guard on or before September 5, 2007. ADDRESSES: You may mail comments and related material to Sector San Juan, 5 Calle La Puntilla, San Juan, PR 00901. Sector San Juan Waterways Management maintains the public docket for this rulemaking. 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 this docket and will be available for inspection or copying at Resident Inspections Office in St. Croix, United States Virgin Island between 7:30 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant A.M. Schmidt of Sector San Juan, Prevention Operations Department at (787) 289–2086. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and address, identify the docket number for this rulemaking (COTP San Juan 05– 007), 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 VerDate Aug<31>2005 15:24 Aug 03, 2007 Jkt 211001 Public Meeting We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to Lieutenant A.M. Schmidt of Sector San Juan, Prevention Operations Department at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Regulatory Information On February 10, 2005, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Security Zone: HOVENSA Refinery, St. Croix, United States Virgin Islands’’ in the Federal Register (70 FR 7065). We received no letters commenting on the proposed rule. No public meeting was requested and none was held. We decided to publish this interim rule instead of a final rule because we have determined it was necessary make a slight revision from the rule proposed in the abovementioned notice of proposed rulemaking. Since the public did not have an opportunity to comment on the revision, we are issuing this interim rule with a request for comments before we create a final permanent rule. 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. Given, the prior notice of proposed rulemaking, the current request for comments in this interim rule and the highly volatile nature of the substances at the HOVENSA refinery, to which it has the potential of being a terrorist target, it would be contrary to the public interest to delay the effective date of this regulation. Background and Purpose The Coast Guard has published similar temporary security zones in the Federal Register at 67 FR 2332, January 17, 2002; 67 FR 57952, September 13, 2002; 68 FR 22296, April 28, 2003; 68 FR 41081, July 10, 2003; 69 FR 6150, February 10, 2004; 69 FR 29232, May 21, 2004; and 70 FR 2950, January 19, 2005. Given the highly volatile nature of the substances stored at the HOVENSA facility, the Coast Guard recognizes that it could be a potential terrorist target PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 43535 and there is continuing risk that subversive activity could be launched by vessels or persons in close proximity to the facility. This activity could be directed against tank vessels and the waterfront 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 from entering within approximately 2 miles of the HOVENSA facility unless they have been specifically authorized by the Captain of the Port San Juan or have submitted a notice of arrival in accordance with the notice of arrival requirements of 33 CFR part 160, subpart C. Discussion of Change From Proposed Rule Although no comments were received on the NPRM, the COTP would like to receive comments on a proposed change to the regulatory text before issuing a final rule. The purpose of this change would be to clarify the boundaries of the security zone and reduce potential for misinterpretation. The change would affect the listed coordinates in paragraph (a) of § 165.766, and not the regulatory restrictions of the security zone in paragraph (b) of that section presented in the NPRM. The pertinent sentence from the regulatory text in both the NPRM and this interim rule reads as follows: This security zone includes all waters from surface to bottom, encompassed by an imaginary line connecting the following points: Point 1: 17°41′31″ North, 64°45′09″ West, Point 2: 17°39′36″ North, 64°44′12″ West, Point 3: 17°40′00″ North, 64°43′36″ West, Point 4: 17°41′48″ North, 64°44′25″ West, and returning to the point of origin. The replacement language proposed for the final rule would read as follows: This security zone includes all waters from surface to bottom, encompassed by an imaginary line connecting the following points: Point 1: 17°41′31″ North, 64°45′09″ West, Point 2: 17°39′36″ North, 64°44′12″ West, Point 3: 17°40′00″ North, 64°43′36″ West, Point 4: 17°41′48″ North, 64°44′25″ West, and then tracing the shoreline along the water’s edge to return to the point of origin. The only difference between the two versions is that in the final rule, instead of returning from the last coordinate listed to the point of origin, the line would follow ‘‘the shoreline along the water’s edge’’ in returning to the point of origin. Discussion of Rule The security zone around the HOVENSA facility is encompassed by a E:\FR\FM\06AUR1.SGM 06AUR1 43536 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations line connecting the following coordinates: 17°41′31″ North, 64°45′09″ West; 17°39′36″ North, 64°44′12″ West; 17°40′00″ North, 64°43′36″ West; and 17°41′48″ North, 64°44′25″ West, and back to the point of origin. The security zone includes the waters extending approximately 2 miles seaward from the HOVENSA facility, Limetree Bay Channel and Limetree Bay. All coordinates are based upon North American Datum 1983 (NAD 1983). All vessels without a scheduled arrival in accordance with the Notice of Arrival requirements of 33 CFR part 160, subpart C are excluded from the zone unless specifically authorized by the Captain of the Port San Juan. cprice-sewell on PROD1PC62 with RULES 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. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. The burden imposed on the public by this rule is minimal and mariners may seek permission to enter the zone from the Coast Guard Captain of the Port San Juan or they may enter the zone if they have a scheduled arrival in accordance with the Notice of Arrival requirements of 33 CFR, part 160, subpart C. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on 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. The factual basis for this certification is as follows: • Owners of small charter fishing or diving operations that operate near the HOVENSA facility may be affected by the existence of this security zone. • This rule will not have a significant economic impact on the abovementioned entities or a substantial number of small entities because this zone covers an area that is not typically VerDate Aug<31>2005 15:24 Aug 03, 2007 Jkt 211001 used by commercial fisherman or divers. Civil Justice Reform Additionally, 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. 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. Assistance for Small Entities Protection of Children 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. 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. 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. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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. E:\FR\FM\06AUR1.SGM 06AUR1 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations 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 and Department of Homeland Security Management Directive 5100.1, which guide 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. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 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, 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. Add § 165.766 to read as follows: § 165.766 Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin Islands cprice-sewell on PROD1PC62 with RULES Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS (a) Regulated area. The Coast Guard is establishing a security zone in and around the HOVENSA Refinery 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: 17°41′31″ North, 64°45′09″ West, Point 2: 17°39′36″ North, 64°44′12″ West, Point 3: 17°40′00″ North, 64°43′36″ West, Point 4: 17°41′48″ North, 64°44′25″ West, and returning to the point of origin. These coordinates are based upon North American Datum 1983 (NAD 1983). (b) Regulations. (1) Under § 165.33, entry into or remaining in the security zone in paragraph (a) of this section is Jkt 211001 ENVIRONMENTAL PROTECTION AGENCY Revisions to the Arizona State Implementation Plan, Maricopa County For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 15:24 Aug 03, 2007 BILLING CODE 4910–15–P [EPA–R09–OAR–2007–0610; FRL–8448–6] I VerDate Aug<31>2005 Dated: July 23, 2007. J.E. Tunstall, Captain, U.S. Coast Guard, Captain of the Port San Juan. [FR Doc. E7–15160 Filed 8–3–07; 8:45 am] 40 CFR Part 52 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. I prohibited unless authorized by the Coast Guard Captain of the Port San Juan or vessels have a scheduled arrival in accordance with the Notice of Arrival requirements of 33 CFR part 160, subpart C. (2) Persons and vessels desiring to transit the Regulated Area may contact the U.S. Coast Guard Captain of the Port, San Juan, at telephone number 787–289–2041 or on VHF channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port. SUMMARY: EPA is taking direct final action to approve a revision to the Maricopa County portion of the Arizona State Implementation Plan (SIP). This revision concerns reductions of particulate matter (PM) emissions from the paving of unpaved roads and the use of these reductions to satisfy the offset requirements under the new source review provisions of the Clean Air Act as amended in 1990 (CAA or the Act). We are approving a local rule which assures that the PM emission reductions resulting from the road paving meet the criteria for valid offsets under the Act. DATES: This rule is effective on October 5, 2007 without further notice, unless EPA receives adverse comments by September 5, 2007. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2007–0610, by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 43537 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through http:// www.regulations.gov or e-mail. http:// www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: The index to the docket for this action is available electronically at http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. Lily Wong, EPA Region IX, (415) 947–4114, wong.lily@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. EPA’s Evaluation and Action A. How is EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. Public Comment and Final Action III. Statutory and Executive Order Reviews E:\FR\FM\06AUR1.SGM 06AUR1

Agencies

[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Rules and Regulations]
[Pages 43535-43537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15160]



[[Page 43535]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. COTP San Juan 05-007]
RIN 1625-AA87


Security Zone: HOVENSA Refinery, St. Croix, United States Virgin 
Islands

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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

SUMMARY: The Coast Guard is establishing a security zone in the 
vicinity of the HOVENSA refinery facility on St. Croix, U.S. Virgin 
Islands. The security zone is needed for national security reasons to 
protect the public and the HOVENSA facility from potential subversive 
acts. This interim rule excludes entry into the security zone by all 
vessels without permission of the U.S. Coast Guard Captain of the Port 
San Juan or a scheduled arrival in accordance with the Notice of 
Arrival requirements of 33 CFR part 160, subpart C.

DATES: This interim rule is effective August 6, 2007. Comments and 
related material must reach the Coast Guard on or before September 5, 
2007.

ADDRESSES: You may mail comments and related material to Sector San 
Juan, 5 Calle La Puntilla, San Juan, PR 00901. Sector San Juan 
Waterways Management maintains the public docket for this rulemaking. 
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 this docket and will be available for inspection or 
copying at Resident Inspections Office in St. Croix, United States 
Virgin Island between 7:30 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant A.M. Schmidt of Sector San 
Juan, Prevention Operations Department at (787) 289-2086.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (COTP San 
Juan 05-007), 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. 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 interim rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Lieutenant A.M. Schmidt of Sector 
San Juan, Prevention Operations Department at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Regulatory Information

    On February 10, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone: HOVENSA Refinery, St. Croix, United 
States Virgin Islands'' in the Federal Register (70 FR 7065). We 
received no letters commenting on the proposed rule. No public meeting 
was requested and none was held. We decided to publish this interim 
rule instead of a final rule because we have determined it was 
necessary make a slight revision from the rule proposed in the above-
mentioned notice of proposed rulemaking. Since the public did not have 
an opportunity to comment on the revision, we are issuing this interim 
rule with a request for comments before we create a final permanent 
rule.
    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. Given, the prior notice of 
proposed rulemaking, the current request for comments in this interim 
rule and the highly volatile nature of the substances at the HOVENSA 
refinery, to which it has the potential of being a terrorist target, it 
would be contrary to the public interest to delay the effective date of 
this regulation.

 Background and Purpose

    The Coast Guard has published similar temporary security zones in 
the Federal Register at 67 FR 2332, January 17, 2002; 67 FR 57952, 
September 13, 2002; 68 FR 22296, April 28, 2003; 68 FR 41081, July 10, 
2003; 69 FR 6150, February 10, 2004; 69 FR 29232, May 21, 2004; and 70 
FR 2950, January 19, 2005. Given the highly volatile nature of the 
substances stored at the HOVENSA facility, the Coast Guard recognizes 
that it could be a potential terrorist target and there is continuing 
risk that subversive activity could be launched by vessels or persons 
in close proximity to the facility. This activity could be directed 
against tank vessels and the waterfront 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 from entering within 
approximately 2 miles of the HOVENSA facility unless they have been 
specifically authorized by the Captain of the Port San Juan or have 
submitted a notice of arrival in accordance with the notice of arrival 
requirements of 33 CFR part 160, subpart C.

Discussion of Change From Proposed Rule

    Although no comments were received on the NPRM, the COTP would like 
to receive comments on a proposed change to the regulatory text before 
issuing a final rule. The purpose of this change would be to clarify 
the boundaries of the security zone and reduce potential for 
misinterpretation. The change would affect the listed coordinates in 
paragraph (a) of Sec.  165.766, and not the regulatory restrictions of 
the security zone in paragraph (b) of that section presented in the 
NPRM.
    The pertinent sentence from the regulatory text in both the NPRM 
and this interim rule reads as follows:

    This security zone includes all waters from surface to bottom, 
encompassed by an imaginary line connecting the following points: 
Point 1: 17[deg]41'31'' North, 64[deg]45'09'' West, Point 2: 
17[deg]39'36'' North, 64[deg]44'12'' West, Point 3: 17[deg]40'00'' 
North, 64[deg]43'36'' West, Point 4: 17[deg]41'48'' North, 
64[deg]44'25'' West, and returning to the point of origin.

    The replacement language proposed for the final rule would read as 
follows:

    This security zone includes all waters from surface to bottom, 
encompassed by an imaginary line connecting the following points: 
Point 1: 17[deg]41'31'' North, 64[deg]45'09'' West, Point 2: 
17[deg]39'36'' North, 64[deg]44'12'' West, Point 3: 17[deg]40'00'' 
North, 64[deg]43'36'' West, Point 4: 17[deg]41'48'' North, 
64[deg]44'25'' West, and then tracing the shoreline along the 
water's edge to return to the point of origin.

    The only difference between the two versions is that in the final 
rule, instead of returning from the last coordinate listed to the point 
of origin, the line would follow ``the shoreline along the water's 
edge'' in returning to the point of origin.

Discussion of Rule

    The security zone around the HOVENSA facility is encompassed by a

[[Page 43536]]

line connecting the following coordinates: 17[deg]41'31'' North, 
64[deg]45'09'' West; 17[deg]39'36'' North, 64[deg]44'12'' West; 
17[deg]40'00'' North, 64[deg]43'36'' West; and 17[deg]41'48'' North, 
64[deg]44'25'' West, and back to the point of origin. The security zone 
includes the waters extending approximately 2 miles seaward from the 
HOVENSA facility, Limetree Bay Channel and Limetree Bay. All 
coordinates are based upon North American Datum 1983 (NAD 1983). All 
vessels without a scheduled arrival in accordance with the Notice of 
Arrival requirements of 33 CFR part 160, subpart C are excluded from 
the zone unless specifically authorized by the Captain of the Port San 
Juan.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. The burden imposed on the 
public by this rule is minimal and mariners may seek permission to 
enter the zone from the Coast Guard Captain of the Port San Juan or 
they may enter the zone if they have a scheduled arrival in accordance 
with the Notice of Arrival requirements of 33 CFR, part 160, subpart C.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on 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.
    The factual basis for this certification is as follows:
     Owners of small charter fishing or diving operations that 
operate near the HOVENSA facility may be affected by the existence of 
this security zone.
     This rule will not have a significant economic impact on 
the above-mentioned entities or a substantial number of small entities 
because this zone covers an area that is not typically used by 
commercial fisherman or divers.

Additionally, 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

    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.

[[Page 43537]]

    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 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' are available in the 
docket where indicated under ADDRESSES.

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, 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. Add Sec.  165.766 to read as follows:


Sec.  165.766  Security Zone: HOVENSA Refinery, St. Croix, U.S. Virgin 
Islands

    (a) Regulated area. The Coast Guard is establishing a security zone 
in and around the HOVENSA Refinery 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: 17[deg]41'31'' North, 64[deg]45'09'' West, 
Point 2: 17[deg]39'36'' North, 64[deg]44'12'' West, Point 3: 
17[deg]40'00'' North, 64[deg]43'36'' West, Point 4: 17[deg]41'48'' 
North, 64[deg]44'25'' West, and returning 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 in 
the security zone 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 in accordance with the Notice of Arrival 
requirements of 33 CFR part 160, subpart C.
    (2) Persons and vessels desiring to transit the Regulated Area may 
contact the U.S. Coast Guard Captain of the Port, San Juan, at 
telephone number 787-289-2041 or on VHF channel 16 (156.8 MHz) to seek 
permission to transit the area. If permission is granted, all persons 
and vessels must comply with the instructions of the Captain of the 
Port.

    Dated: July 23, 2007.
J.E. Tunstall,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. E7-15160 Filed 8-3-07; 8:45 am]
BILLING CODE 4910-15-P