[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Rules and Regulations]
[Pages 56210-56212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27873]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Prince William Sound 01-004]
RIN 2115-AA97


Security Zone; Port Valdez, AK

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
Port Valdez, Alaska. The security zone encompasses the waters of Port 
Valdez north and east of Middle Rock, excluding the waters within the 
Alyeska Marine Terminal security zone. This security zone is necessary 
to protect the facilities and vessels transiting within Port Valdez 
from damage or injury from sabotage, destruction or other subversive 
acts. Vessels may not anchor, lay to or otherwise loiter in this 
security zone unless specifically authorized by the Captain of the 
Port, Prince William Sound, Alaska.

DATES: This regulation is effective from 6 p.m. September 15, 2001 
through June 1, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Prince William Sound 01-004] and 
are available for inspection or copying at U.S. Coast Guard Marine 
Safety Office, PO Box 486, Valdez, Alaska 99686, between 7:30 a.m. and 
4:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT V.J. Kammer, U.S. Coast Guard 
Marine Safety Office Valdez, Alaska, (907) 835-7229.

SUPPLEMENTARY INFORMATION:   

Regulatory History

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. In accordance with 5 U.S.C. 553 (b)(B), the Coast Guard 
finds good cause exists for not publishing an NPRM. The Coast Guard is 
taking this action for the protection of the national security 
interests in light of the terrorist acts perpetrated on September 11, 
2001. Also, in accordance with 5 U.S.C. 553 (d)(3), the Coast Guard 
finds good cause

[[Page 56211]]

to exist for making this regulation effective less than 30 days after 
publication in the Federal Register. Publication of a notice of 
proposed rulemaking and delay of effective date would be contrary to 
the public interest because immediate action is necessary to provide 
for the safety of the Port of Valdez.

Discussion of the Regulation

    The Coast Guard is establishing a temporary security zone for Port 
Valdez, Alaska. This security zone is necessary to protect the 
facilities and vessels transiting within Port Valdez from damage or 
injury from sabotage, destruction or other subversive acts. The 
geographic area covered by this regulation is within the area defined 
in 33 CFR 165.1704(a) and encompasses the waters of Port Valdez north 
and east of a line drawn 307 degrees True and 127 degrees True from 
Middle Rock (61 deg.04.7' N, 146 deg.39.3' W), excluding the waters 
within the Alyeska Marine Terminal security zone defined in 
Sec. 165.T17-003 of this part published in this same issue of the 
Federal Register.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. Economic impact is expected to be minimal because of the 
short duration this rule is in effect, the season in which it is 
effect, and vessels are permitted in the zone by the COTP on a case-by-
case basis.

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 number of small entities impacted by this rule is 
expected to be minimal because of the short duration that this rule is 
in effect. Moreover, the Captain of the Port will consider on a case-
by-case basis whether an entity can enter this zone; therefore, it is 
likely that very few, if any, small entities will be impacted by this 
rule.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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).

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 13132 and has determined that 
this temporary final rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16745.1C, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

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


[[Page 56212]]



    For the reasons set forth in the preamble, the Coast Guard amends 
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: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T17-004 is added to read as follows:


Sec. 165.T17-004  Security zone; Port Valdez.

    (a) Location. The following is a security zone: All waters of Port 
Valdez, Alaska north and east of a line drawn 307 degrees True and 127 
degrees True from Middle Rock (61 deg.04.7' N, 146 deg.39.3' W), 
excluding the waters within the Alyeska Marine Terminal security zone 
defined in Sec. 165.T17-003 of this part. This security zone is 
necessary to protect the facilities and vessels transiting within Port 
Valdez from damage or injury from sabotage, destruction or other 
subversive acts.
    (b) Effective dates. This section is effective from 6 p.m. 
September 15, 2001 through June 1, 2002.
    (c) Authority. In addition to 33 U.S.C. 1231 and 49 CFR 1.46, the 
authority for this section includes 33 U.S.C. 1226.
    (d) Regulations. (1) The general regulations governing security 
zones contained in 33 CFR 165.33 apply.
    (2) Tank vessels directly transiting to the Alyeska Marine Terminal 
(terminal) engaged in the movement of oil from the terminal or fuel to 
the terminal and vessels used to provide assistance or support to the 
tank vessels directly transiting to the terminal, or to the terminal 
itself, and that have reported their movements to the Vessel Traffic 
Service may operate as necessary to ensure safe passage of tank vessels 
to and from the terminal.
    (3) Other Vessels may transit to and from Valdez Narrows directly 
to and from the port facilities of the city of Valdez, Alaska. These 
Vessels are required to transit using the waters of Port Valdez north 
of 61 deg.06.8' N latitude when east of 146 deg.32' W longitude.
    (4) No person or vessel may anchor, lay to or otherwise loiter in 
this Security Zone without the permission of the Captain of the Port, 
Prince William Sound, Alaska.
    (5) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port and the designated on-scene patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a vessel displaying a 
U.S. Coast Guard ensign by siren, radio, flashing light, or other 
means, the operator of the vessel shall proceed as directed. Coast 
Guard Auxiliary and local or state agencies may be present to inform 
vessel operators of the requirements of this section and other 
applicable laws.

    Dated: September 15, 2001.
P.M. Coleman,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound, 
Alaska.
[FR Doc. 01-27873 Filed 11-6-01; 8:45 am]
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