Security Zone; Limetree Bay Terminals, St. Croix, U.S. Virgin Islands, 15069-15071 [2020-05158]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Rules and Regulations
various levels of government. We have
analyzed this 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 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. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
khammond on DSKJM1Z7X2PROD with RULES
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management 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 (NEPA)(42 U.S.C. 4321–
4370f). The Coast Guard has determined
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 rule
promulgates the operating regulations or
procedures for drawbridges and is
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
VerDate Sep<11>2014
16:33 Mar 16, 2020
Jkt 250001
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Revise § 117.593 to read as follows:
§ 117.593
Chelsea River.
(a) All drawbridges across Chelsea
River shall open on signal. The opening
signal for each drawbridge is two
prolonged blasts followed by two short
blasts and one prolonged blast. The
acknowledging signal is three prolonged
blasts when the draw can be opened
immediately and is two prolonged blasts
when the draw cannot be open or is
open and must be closed.
(b) The draw of the Chelsea Street
Bridge, mile 1.3, at Chelsea, shall open
as follows:
(1) The draw shall open on signal to
139 feet above mean high water for all
vessel traffic unless a full bridge
opening to 175 feet above mean high
water is requested.
(2) The 139 foot opening will be
signified by a range light display with
one solid green light and one flashing
green light and the full 175 foot opening
will be signified with two solid green
range lights.
Dated: Feburary 12, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2020–04965 Filed 3–16–20; 8:45 am]
BILLING CODE P
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:
PO 00000
Coast Guard, DHS.
Frm 00019
Fmt 4700
Sfmt 4700
ACTION:
15069
Final rule.
The Coast Guard is modifying
the name and locating of an existing
security zone in St. Croix, U.S. Virgin
Islands. This rule adjusts the
coordinates of the security zone and
updates the facility name from
HOVENSA Refinery to Limetree Bay
Terminals. The rule continues 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.
DATES: This rule is effective April 16,
2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0011 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Pedro
Mendoza, Sector San Juan Prevention
Department, Waterways Management
Division, U.S. Coast Guard; telephone
787–729–2374, email
Pedro.L.Mendoza@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
§ Section
U.S.C. United States Code
USVI U.S. Virgin Islands
II. Background Information and
Regulatory History
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. 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.
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. In response, on January
27, 2020, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Security Zone; Limetree Bay
Terminals, St. Croix, U.S. Virgin
E:\FR\FM\17MRR1.SGM
17MRR1
15070
Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Rules and Regulations
Islands’’ (85 FR 4619). There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to this the Limetree Bay
Terminals security zone. During the
comment period that ended February
26, 2020, we received no comments.
III. Legal Authority and Need for Rule
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters surrounding Limetree
Bay Terminals. The Coast Guard is
establishing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
January 27, 2020. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule amends the existing fixed
security zone in 33 CFR 165.770 to
expand the regulated area and to update
the facility name. This rule increases the
regulated area by approximately 880
yards (.5 mile) to encompass the new
mooring system location installed by the
facility. We updated 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.
V. Regulatory Analyses
We developed this 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.
khammond on DSKJM1Z7X2PROD with RULES
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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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 [provide factual reasons
related to the waterway, duration of
rule, etc.].
VerDate Sep<11>2014
16:33 Mar 16, 2020
Jkt 250001
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 received no comments
from the Small Business Administration
on this rulemaking. 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.
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.
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 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.
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.
C. Collection of Information
This rule will 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
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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 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 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.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this 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
determined 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 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 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.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
E:\FR\FM\17MRR1.SGM
17MRR1
Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Rules and Regulations
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.
Dated: March 9, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2020–05158 Filed 3–16–20; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
ENVIRONMENTAL PROTECTION
AGENCY
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[EPA–R03–OAR–2019–0103; FRL–10006–
20–Region 3]
40 CFR Part 52
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Revise § 165.770 to read as follows:
khammond on DSKJM1Z7X2PROD with RULES
§ 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°41′48″ N, 064°44′26″ W;
Point 2 in position 17°40′00″ N,
064°43′36″ W; Point 3 in position
17°39′36″ N, 064°44′48″ W; Point 4 in
position 17°41′33″ N, 064°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 § 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
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.
VerDate Sep<11>2014
16:33 Mar 16, 2020
Jkt 250001
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
1. The authority citation for part 165
continues to read as follows:
■
■
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Infrastructure Requirements
for the 2015 Ozone Standard
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of West Virginia.
Whenever new or revised national
ambient air quality standards (NAAQS
or standards) are promulgated, the Clean
Air Act (CAA) requires states to make an
initial SIP submission to provide for the
implementation, maintenance, and
enforcement of such NAAQS. This
submission is required to address basic
program elements, including, but not
limited to, regulatory structure,
monitoring, modeling, legal authority,
and adequate resources necessary to
assure attainment and maintenance of
the standards. This type of SIP revision
is commonly referred to as an
‘‘infrastructure’’ SIP and elements
addressed in such a submission are
referred to as infrastructure
requirements. West Virginia made a
submittal addressing most of the
infrastructure requirements for the 2015
ozone NAAQS and later supplemented
the submittal to address the interstate
transport elements; EPA is not acting on
the interstate transport elements at this
time. EPA is approving these revisions
in accordance with the requirements of
the CAA.
DATES: This final rule is effective on
April 16, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0103. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
SUMMARY:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
15071
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Joseph Schulingkamp, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2021. Mr. Schulingkamp can also
be reached via electronic mail at
schulingkamp.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 18, 2019 (84 FR 69349),
EPA published a notice of proposed
rulemaking (NPRM) for the State of
West Virginia. In the NPRM, EPA
proposed approval of most portions of
West Virginia’s infrastructure SIP
revision for the 2015 ozone NAAQS.
The State submitted the infrastructure
SIP on September 14, 2018 through the
Department of Environmental Protection
(WVDEP); this State later supplemented
this submission on February 4, 2019 to
address the interstate transport elements
of CAA section 110(a)(2)(D)(i)(I).
Additional background on West
Virginia’s submittal, infrastructure SIPs,
and the ozone NAAQS can be found in
the NPRM.
II. Summary of SIP Revision and EPA
Analysis
West Virginia’s September 14, 2018
infrastructure SIP submittal addressed
the following infrastructure elements, or
portions thereof, for the 2015 ozone
NAAQS: CAA section 110(a)(2)(A), (B),
(C), D(i)(II), D(ii), (E), (F), (G), (H), (J),
(K), (L), and (M). The SIP submittal did
not address the portion of element (C)
which pertains to nonattainment new
source review requirements, or element
(I) which pertains to the nonattainment
requirements of part D, title I of the
CAA, because states are not required to
address these elements by the 3-year
submission deadline of section
110(a)(1), and will be addressed in a
separate process.
EPA has analyzed the SIP submission
and is making a determination that the
submittal meets the requirements of the
identified elements. A detailed
summary of EPA’s review and rationale
for approving West Virginia’s submittal
may be found in the technical support
E:\FR\FM\17MRR1.SGM
17MRR1
]]>Agencies
[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Rules and Regulations]
[Pages 15069-15071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05158]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the name and locating of an
existing security zone in St. Croix, U.S. Virgin Islands. This rule
adjusts the coordinates of the security zone and updates the facility
name from HOVENSA Refinery to Limetree Bay Terminals. The rule
continues 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.
DATES: This rule is effective April 16, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0011 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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 Information and Regulatory History
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. 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. 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. In
response, on January 27, 2020, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Security Zone; Limetree Bay
Terminals, St. Croix, U.S. Virgin
[[Page 15070]]
Islands'' (85 FR 4619). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this the
Limetree Bay Terminals security zone. During the comment period that
ended February 26, 2020, we received no comments.
III. Legal Authority and Need for Rule
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters surrounding Limetree Bay Terminals. The Coast
Guard is establishing this rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
January 27, 2020. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule amends the existing fixed security zone in 33 CFR 165.770
to expand the regulated area and to update the facility name. This rule
increases the regulated area by approximately 880 yards (.5 mile) to
encompass the new mooring system location installed by the facility. We
updated 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.
V. Regulatory Analyses
We developed this 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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 [provide factual
reasons related to the waterway, duration of rule, etc.].
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 received no comments from the Small Business
Administration on this rulemaking. 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.
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.
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 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.
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.
C. Collection of Information
This rule will 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 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 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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 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 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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the
[[Page 15071]]
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.
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:
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 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: March 9, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-05158 Filed 3-16-20; 8:45 am]
BILLING CODE 9110-04-P
