[Federal Register Volume 66, Number 182 (Wednesday, September 19, 2001)]
[Notices]
[Pages 48309-48310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23343]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

[CGD17-01-002]


Annual Certification of Prince William Sound Regional Citizen's 
Advisory Council

AGENCY: Coast Guard, DOT.

ACTION: Notice of recertification.

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SUMMARY: Under the Oil Terminal and Tanker Environmental Oversight Act 
of 1990, the Coast Guard may certify on an annual basis, an alternative 
voluntary advisory group in lieu of a regional citizens' advisory 
council for Prince William Sound, Alaska. This certification allows the 
advisory group to monitor the activities of terminal facilities and 
crude oil tankers under the Prince William Sound Program established by 
the statute. The purpose of this notice is to inform the public that 
the Coast Guard has recertified the alternative voluntary advisory 
group for Prince William Sound, Alaska.

DATES: This certification is effective from January 31, 2001 to January 
31, 2002.

FOR FURTHER INFORMATION CONTACT: For general information regarding the 
PWS RCAC or viewing material submitted to the docket, contact LT 
Michael Patterson, Seventeenth Coast Guard District, Marine Safety 
Division, (907) 463-2807.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    As part of the Oil Pollution Act of 1990. Congress passed the Oil 
Pollution Terminal and Oil Tanker Environmental Oversight and 
Monitoring Act of 1990, (the Act), section 5002, to foster the long-
term partnership among industry, government, and local communities in 
overseeing compliance with the

[[Page 48310]]

environmental concerns in the operation of terminal facilities and 
crude-oil tankers. Subsection 5002(o) permits an alternative voluntary 
advisory group to represent the communities and interests in the 
vicinity of the terminal facilities in Prince William Sound (PWS), in 
lieu of a council of the type specified in subsection 5002(d), if 
certain conditions are met.
    The Act requires that the group enter into a contract to ensure 
annual funding, and that it receive annual certification by the 
President to the effect that it fosters the general goals and purposes 
of the Act, and is broadly representative of the communities and 
interests in the vicinity of the terminal facilities and Prince William 
Sound. Accordingly, in 1991, the President granted certification to the 
Prince William Sound Regional Citizen's Advisory Council (PWS RCAC). 
The authority to certify alternative advisory groups was subsequently 
delegated to the Commandant of the Coast Guard and redelegated to the 
Commander, Seventeenth Coast Guard District.
    On June 26, 2001, the Coast Guard announced in the Federal Register 
the availability of the application for recertification that it 
received from the PWS RCAC and requested comments (66 FR 33989). Twenty 
comments were received.

Discussion of Comments

    In conducting the review in the recertification process, all 
comments were considered. Of the comments received, 19 were supportive 
of recertification and noted the positive efforts, good communication, 
and broad representation of PWS communities as PWS RCAC carries out its 
responsibilities as intended by the Act. One commenter recommended the 
Coast Guard not certify the PWS RCAC because it is not broadly 
representative of all interests and communities in the area. The 
following summarizes the Coast Guard's analysis of the issues raised 
during the review process.
    One commenter, representing a native village within Prince William 
Sound stated that because the village was not represented on the PWS 
RCAC Board of Directors, the PWS RCAC did not meet the requirements of 
being broadly representative of the interests and communities in the 
area. OPA 90 does not require that the PWS RCAC Board of Directors have 
a formal representative from each tribal village in order to be broadly 
representative of the PWS community. Upon investigation, it was noted 
that many members of the village live in a community that is 
represented on the PWS RCAC Board of Directors and many are members of 
a Native Corporation that is represented on the board. The PWS RCAC 
Board of Directors advertises its meetings, moves the meetings to 
locations throughout PWS, and publicizes the work they perform through 
the press and a web site in their efforts to ensure all communities 
throughout PWS are familiar with and have an opportunity to comment on 
their activities. The Coast Guard does not agree that lack of specific, 
formal representation of this village on the PWS RCAC Board of 
Directors indicates that the PWS RCAC is not broadly representative of 
the communities and interests in the area. However, while there may be 
areas of commonality between a native village and the larger community 
and Native Corporations they belong to, the specific concerns of a 
native village are not always shared by these other entities. The Coast 
Guard recommends that PWS RCAC contact this village to learn their 
specific concerns about how the oil terminal and tanker operations 
affect their village. The Coast Guard also recommends that the village 
seek membership on the PWS RCAC Board of Directors, consistent with 
section 2732(d)(A)(2)(iii) of the Act.
    Upon review of the information submitted by PWS RCAC as part of the 
certification package, it was noted that in a routine annual audit of 
the PWS RCAC's financial statements, the auditor performing the audit 
made several recommendations for improving the financial management of 
the organization. In particular, the auditor noted that allowing 
members to use RCAC funds to cover travel costs when combining official 
travel and personal travel and then repay the RCAC after the fact for 
the personal expenditures necessitates increased oversight to ensure 
RCAC is repaid and additional accounting is properly managed. The 
auditor recommended against continuing this practice. The Coast Guard 
agrees and recommends that this change be made prior to the next 
certification cycle.
    During the review period, the Coast Guard was made aware of 
concerns from within the RCAC of whether PWS RCAC policies for travel 
and recordkeeping were consistent with best business practices. A 
review of travel policies identified some areas that could be improved 
to ensure that the PWS RCAC's administrative costs remain consistent 
with the goals of OPA 90. Based on this finding and the general 
concerns raised, the Coast Guard initiated an audit with the full 
cooperation of PWS RCAC to evaluate PWS RCAC's policies and practices 
against commonly accepted principles of similarly situated 
organizations. This audit is currently ongoing. Based on the results, 
the Coast Guard may have recommendations for PWS RCAC that will need to 
be implemented before the next annual certification.
    Not withstanding the issues described above, the PWS RCAC continues 
to make great progress on projects that promise to significantly 
improve oil terminal and tanker operations in PWS, such as the ice 
radar project, the Valdez Marine Terminal's fire prevention and 
response system, and work on Geographic Response Strategies.
    Upon review of the comments received regarding the PWS RCAC's 
performance during the past year and the information provided by the 
RCAC in their annual report and recertification package the Coast Guard 
finds the PWS RCAC meets the criteria established under the Oil 
Pollution Act, and that recertification in accordance with the Act is 
appropriate.
    Recertification: By letter dated September 7, 2001, the Commander, 
Seventeenth Coast Guard certified that the PWSRCAC qualifies as an 
alternative voluntary advisory group under 33 U.S.C. 2732(o). This 
recertification terminates on January 31, 2002.

    Dated: September 7, 2001.
T. J. Barrett,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard 
District.
[FR Doc. 01-23343 Filed 9-18-01; 8:45 am]
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