[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Rules and Regulations]
[Pages 56208-56210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27876]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Prince William Sound 01-005]
RIN 2115-AA97


Security Zones; Prince William Sound Captain of the Port Zone, 
Alaska

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary security zones of 
200 yards around all tank vessels greater than 20,000 deadweight tons 
(DWT) in the Captain of the Port Zone, Prince William Sound, Alaska. 
These vessel-centered security zones are needed to

[[Page 56209]]

protect tank vessels from damage or injury from sabotage, destruction 
or other subversive acts. Entry into these security zones is prohibited 
unless specifically authorized by the Captain of the Port, Prince 
William Sound, Alaska, however, tank vessel escort, line handling, and 
pilot vessels are authorized to enter these moving security zones to 
carryout their functions associated with the movement of tank vessels 
to and from the Trans-Alaska Pipeline Valdez Terminal Complex.

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 01-005] 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, PO Box 486, Valdez, Alaska 99686, (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 immediate 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 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 tank vessels calling at the 
Trans-Alaska Pipeline Valdez Terminal complex in Valdez, Alaska.

Discussion of the Regulation

    The Coast Guard is establishing temporary security zones around all 
tank vessels greater than 20,000 deadweight tons (DWT) while 
transiting, mooring, unmooring, or loading within the Prince William 
Sound Captain of the Port (COTP) Zone, defined in 33 CFR 3.85-20 (b) as 
encompassing waters within the boundary that starts at Cape Puget at 
148 deg.26' W, 59 deg.56.06' N; and proceeds northerly to 61 deg.30' N; 
thence easterly to the United States-Canadian boundary; thence 
southerly along the United States-Canadian boundary to 60 deg.18.7' N; 
thence southwesterly to the sea at 60 deg.01.3' N, 142 deg.00' W; 
thence southerly along 142 deg.00' W to the outermost boundary of the 
Exclusive Economic Zone (EEZ); thence along the outermost boundary of 
the EEZ to 148 deg.26' N; thence northerly along 148 deg.26' W to the 
place of origin at Cape Puget. These 200-yard security zones are 
activated when the subject vessels enter the Prince William Sound COTP 
Zone. These security zones are necessary to protect the subject tank 
vessels transiting the Prince William Sound COTP Zone from damage or 
injury from sabotage, destruction or other subversive acts.

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). Because of the transitory nature of the zones, the 
Coast Guard expects the economic impact of this rule to be so minimal 
that a full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.

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 of this rule and 
the transitory nature of these moving security zones.

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

[[Page 56210]]

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.

    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.T17-005 is added to read as follows:


Sec. 165.T17-005  Security zones; Captain of the Port Zone, Prince 
William Sound, Alaska.

    (a) Location. The following are security zones: all waters within 
200 yards of any tank vessel greater than 20,000 deadweight tons (DWT) 
while in the Prince William Sound Captain of the Port (COTP) Zone. The 
Prince William Sound COTP Zone encompasses all waters area within the 
boundary which starts at Cape Puget at 148 deg.26' W. longitude, 
59 deg.56.06' N. latitude, and proceeds northerly to 61 deg.30' N. 
latitude; thence easterly to the United States-Canadian boundary; 
thence southerly along the United States-Canadian boundary to 
60 deg.18.7' N, latitude; thence southwesterly to the sea at 
60 deg.01.3' N, latitude, 142 deg.00' W, longitude; thence southerly 
along 142 deg.00' W, longitude to the outermost boundary of the 
Exclusive Economic Zone (EEZ) (as defined in Sec. 2.05-35 of this 
chapter); thence along the outermost boundary of the EEZ to 148 deg.26' 
N, longitude; thence northerly along 148 deg.26' W, longitude, to the 
place of origin at Cape Puget at 59 deg.56.06' N, latitude. These 
security zones are necessary to protect tank vessels transiting within 
the Prince William Sound COTP Zone 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 vessel escort tugs, line handling tugs, and pilot vessels 
are authorized entry into the moving security zone to carryout their 
functions associated with the movement of tank vessels to and from the 
Trans-Alaska Pipeline Valdez Terminal complex.
    (3) 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 23, 2001.
P.M. Coleman,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound, 
Alaska.
[FR Doc. 01-27876 Filed 11-6-01; 8:45 am]
BILLING CODE 4910-15-P