[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Proposed Rules]
[Pages 4619-4621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01225]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0011]
RIN 1625-AA87


Security Zone; Limetree Bay Terminals, St. Croix, U.S. Virgin 
Islands

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to modify the name and location 
of an existing security zone in St. Croix, U.S. Virgin Islands. This 
proposed rule would adjust the coordinates of the security zone and 
update the facility name from HOVENSA Refinery to Limetree Bay 
Terminals. The proposed rule would continue to prohibit persons and 
vessels from entering the security zone, unless authorized by the 
Captain of the Port San Juan or a designated representative. This 
action is necessary to better meet the safety and security needs of 
Limetree Bay Terminals in St. Croix, USVI. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 26, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0011 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Commander Pedro Mendoza, 
Sector San Juan Prevention Department, Waterways Management Division, 
U.S. Coast Guard; telephone 787-729-2374, email 
Pedro.L.Mendoza@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
USVI U.S. Virgin Islands

II. Background, Purpose, and Legal Basis

    The existing regulation in 33 CFR 165.770, contains a fixed 
security zone around the HOVENSA Refinery on the south coast of St. 
Croix, USVI. On November 21, 2019, the Coast Guard received a request 
to extend the regulated area of the security zone and update the 
facility name to Limetree Bay Terminals. Limetree Bay Terminals 
recently installed a Single Point Mooring system to enable deep draft 
vessel traffic to transfer to and from the facility. The location of 
the Single Point Mooring systems falls outside of the existing security 
zone. The proposed rule would increase the security zone by 
approximately 880 yards (.5 mile) to encompass their new mooring 
system.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters surrounding Limetree Bay Terminals. The Coast 
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).]

III. Discussion of Proposed Rule

    The proposed rule would amend the existing fixed security zone in 
33 CFR 165.770 to expand the regulated area and to update the facility 
name. We are proposing to increase the regulated area by approximately 
880 yards (.5 mile) to encompass the new mooring system location 
installed by the facility. We are proposing to update the facility name 
to Limetree Bay Terminals to reflect its current ownership. Vessels may 
seek permission from the COTP to transit through the security zone.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders, and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on size and location 
of the security zone. Vessel traffic would be able to continue to 
safely transit around the security which would impact a small 
designated area of southern St. Croix, USVI. The rule will allow 
vessels to seek permission to transit through the security zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

[[Page 4620]]

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves expanding 
an existing security zone and updating the facility name. Normally such 
actions are categorically excluded from further review under paragraph 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 1. A preliminary Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's Correspondence 
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  165.770 to read as follows:


Sec.  165.770  Security Zone; Limetree Bay Terminals, St. Croix, U.S. 
Virgin Islands.

    (a) Regulated area. The Coast Guard is establishing a security zone 
in and around Limetree Bay Terminals on the south coast of St. Croix, 
U.S. Virgin Islands. This security zone includes all waters from 
surface to bottom, encompassed by an imaginary line connecting the 
following points: Point 1 in position 17[deg]41'48'' N, 064[deg]44'26'' 
W; Point 2 in position 17[deg]40'00'' N, 064[deg]43'36'' W; Point 3 in 
position 17[deg]39'36'' N, 064[deg]44'48'' W; Point 4 in position 
17[deg]41'33'' N, 064[deg]45'08'' W; then tracing the shoreline along 
the water's edge to the point of origin. These coordinates are based 
upon North American Datum 1983 (NAD 1983).
    (b) Regulations. (1) Under Sec.  165.33, entry into or remaining 
within the regulated area in paragraph (a) of this section is 
prohibited unless authorized by the Coast Guard Captain of the Port San 
Juan or vessels have a scheduled arrival at Limetree Bay Terminals, St. 
Croix, in accordance with the Notice of

[[Page 4621]]

Arrival requirements of 33 CFR part 160, subpart C.
    (2) Persons desiring to transit the area of the security zone may 
contact the COTP San Juan or designated representative at telephone 
number 787-289-2041 or on VHF-FM Channel 16. If permission is granted, 
all persons and vessels must comply with the instructions of the COTP 
or designated representative.

    Dated: January 21, 2020.
E.P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-01225 Filed 1-24-20; 8:45 am]
BILLING CODE 9110-04-P


