Security Zone; Limetree Bay Terminals, St. Croix, U.S. Virgin Islands
| Published date | 27 January 2020 |
| Citation | 85 FR 4619 |
| Record Number | 2020-01225 |
| Section | Proposed rules |
| Court | Coast Guard |
4619
Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Proposed Rules
+49 221 89990 6017; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this
material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of
this material at the FAA, call 206–231–3195.
This material may be found in the AD docket
on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–1079.
(2) For more information about this AD,
contact Shahram Daneshmandi, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3220; email
Shahram.Daneshmandi@faa.gov.
Issued on January 16, 2020.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2020–01263 Filed 1–24–20; 8:45 am]
BILLING CODE 4910–13–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
: Coast Guard, DHS.
ACTION
: Notice of proposed rulemaking.
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
§ 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.
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Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Proposed Rules
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
■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.
■2. Revise § 165.770 to read as follows:
§ 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
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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
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