[Federal Register Volume 67, Number 107 (Tuesday, June 4, 2002)]
[Rules and Regulations]
[Pages 38389-38391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13960]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Prince William Sound 02-009]
RIN 2115-AA97


Security Zone: Port Valdez and Valdez Narrows, Valdez, Alaska

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing the Trans-Alaska Pipeline System (TAPS) Valdez Terminal 
Complex, Valdez, Alaska and TAPS Tank Vessels and a security zone in 
the Valdez Narrows, Port Valdez, Alaska. The security zones are 
necessary to protect the Alyeska Marine Terminal and vessels from 
damage or injury from sabotage, destruction or other subversive acts. 
Entry of vessels into these security zones is prohibited unless 
specifically authorized by the Captain of the Port, Prince William 
Sound, Alaska.

DATES: This rule is effective from 8 a.m. April 1, 2002 until July 30, 
2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Prince William Sound 02-009 and are 
available for inspection or copying at U.S. Coast Guard Marine Safety 
Office, P.O. 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: Chief Warrant Officer Milo Ortiz, U.S. 
Coast Guard Marine Safety Office Valdez, Alaska, (907) 835-7205.

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 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 the effective date would 
be contrary to the public interest because immediate action is 
necessary to provide for the safety of the Trans-Alaska Pipeline System 
(TAPS) terminal and TAPS tank vessels. This temporary rule will replace 
the temporary rules contained in 33 CFR 165.T17-003, 33 CFR 165.T17-
004, and 33 CFR 165.T17-005, all of which expire on June 1, 2002.

Discussion of the Regulation

    The Coast Guard is establishing a temporary security zone while the 
notice of proposed rulemaking (NPRM) is drafted and published with a 
request for comments. This temporary final rule is required to ensure a 
smooth transition from temporary final rule to final rule. This 
temporary final rule, which we expected to be our proposed final rule, 
will help ensure protection of the TAPS terminal and TAPS tank vessels 
during the notice and comment period for the proposed final rule.

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 of this rule and the season in which it is in effect.

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 the rule. Since 
the time frame this rule is in effect may cover commercial harvests of 
fish in the area, the entities most likely affected are commercial and 
native subsistence fishermen. The Captain of The Port will consider 
applications for

[[Page 38390]]

entry into the security zone on a case-by-case basis; therefore, it is 
likely that very few, if any, small entities will be impacted by this 
rule. Those interested may apply for a permit to enter the zone by 
contacting Marine Safety Office, Valdez at the above contact number.

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 affect 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 M16745.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

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.


Secs. 165.T17-003--165.T17-005  [Removed]

    2. Remove temporary Secs. 165.T17-003, 165.T17-004, and 165.T17-
005.

    3. A new temporary Sec. 165.T17-009 is added to read as follows:


Sec. 165.T17-009  Port Valdez and Valdez Narrows, Valdez, Alaska--
security zone.

    (a) Trans-Alaska Pipeline System (TAPS) Valdez Terminal complex 
(Terminal), Valdez, Alaska and TAPS Tank Vessels. (1) The following is 
a security zone: the enclosed waters within a line beginning on the 
southern shoreline of Port Valdez at 61 deg.04'57'' N, 146 deg.26'20'' 
W; thence northerly to 61 deg.06'24'' N, 146 deg.26'20'' W; thence east 
to 61 deg.06'24'' N, 146 deg.21'15'' W; thence south to 61 deg.05'07'' 
N, 146 deg.21'15'' W; thence west along the shoreline and including the 
area 2000 yards inland along the shoreline to the starting point at 
61 deg.04'57'' N, 146 deg.26'20'' W. This security zone encompasses all 
waters approximately one mile north, east and west of the TAPS Terminal 
between Allison Creek (61 deg.05'07'' N, 146 deg.21'15'' W) and Sawmill 
Spit (61 deg.04'57'' N, 146 deg.26'20'' W).
    (2) The following is a security zone: all waters within 200 yards 
of the shore and offshore facilities of the TAPS Terminal between 
Allison Creek (61 deg.05'07'' N, 146 deg.21'15'' W) and Sawmill Spit 
(61 deg.04'57'' N, 146 deg.26'20'' W).
    (3) The following is a security zone: the waters within 200 yards 
of any TAPS tank vessel maneuvering to approach, moor, unmoor or depart 
the TAPS Terminal or is transiting, maneuvering, laying to or anchored 
within the boundaries of the Captain of the Port Zone, Prince William 
Sound described in 33 CFR 3.85-20(b).
    (b) Valdez Narrows, Port Valdez, Valdez, Alaska. (1) The following 
is a security zone: all waters within 200 yards of the Valdez Narrows 
Tanker Optimum Track line bounded by a line beginning at 
61 deg.05'16.0'' N, 146 deg.37'20.0'' W; thence south west to 
61 deg.04'00.0'' N, 146 deg.39'52.0'' W; thence southerly to 
61 deg.02'33.5'' N, 146 deg.41'28.0'' W; thence north west to 
61 deg.02'40.5'' N, 146 deg.41'47.5'' W; thence north east to 
61 deg.04'06.0'' N, 146 deg.40'14.5'' W; thence north east to 
61 deg.05'23.0'' N, 146 deg.37'40.0'' W; thence south east back to the 
starting point at 61 deg.05'16.0'' N, 146 deg.37'20.0''.

[[Page 38391]]

    (2) Valdez Narrows Tanker Optimum Track line is a line commencing 
at 61 deg.05'23.0'' N, 146 deg.37'22.5'' W; thence south westerly to 
61 deg.04'03.2'' N, 146 deg.40'03.2'' W thence southerly to 
61 deg.03'00'' N, 146 deg.41'12'' W.
    (3) This security zone encompasses all waters approximately 200 
yards either side of the Valdez Narrows Optimum Track line.
    (c) Effective dates. This section is effective from 8 a.m. April 1, 
2002 until July 30, 2002.
    (d) 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.
    (e) Regulations. (1) The general regulations governing security 
zones contained in 33 CFR 165.33 apply.
    (2) Tank vessels transiting directly to the TAPS terminal complex, 
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. 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: April 1, 2002.
P.M. Coleman,
Commander, U.S. Coast Guard, Captain of the Port Prince William Sound, 
Alaska.
[FR Doc. 02-13960 Filed 6-3-02; 8:45 am]
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