[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Proposed Rules]
[Pages 65074-65077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26974]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Prince William Sound 02-011]
RIN 2115-AA97


Security Zone; Port Valdez and Valdez Narrows, Valdez, AK

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a security zone 
encompassing the Trans-Alaska Pipeline (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: Comments and related material must reach the Coast Guard on or 
before December 23, 2002.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Marine Safety Office, P.O. Box 486, Valdez, Alaska 99686. Marine 
Safety Office Valdez, AK, maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Marine Safety Office Valdez, AK between 7:30 a.m. and 4:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lt. Chris Beadle, U.S. Coast Guard 
Marine Safety Office Valdez, Alaska, (907) 835-7222.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (COTP 
Prince William Sound 02-011), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. Please submit all comments and related material in an unbound 
format, no larger than 81/2 by 11 inches, suitable for copying. If you 
would like to know that your submission reached us, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period. We may change 
this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Valdez at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a separate notice in the Federal Register.

Background and Purpose

    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. The port of Valdez is a vital 
national commercial port, supporting the transfer and transport of a 
significant percentage of oil used in the United States. As such, it is 
crucial that actions be taken to protect the flow of commerce from 
possible terrorist or subversive acts designed to damage maritime 
facilities and vessels transiting to and from the Port of Valdez. The 
proposed rule would replace existing regulations in 33 CFR 165.1701 and 
the temporary rule issued in July, which will expire December 31, 2002, 
that created temporary Sec.  165.T17-010, entitled ``Port Valdez and 
Valdez Narrows, Valdez, Alaska.'' The proposed rule would work to 
safely control the flow of commercial traffic and protect vital 
maritime facilities by creating security zones and check-in procedures 
designed to identify threats for response by appropriate law 
enforcement resources.
    On November 7, 2001, we published three temporary final rules in 
the Federal Register (66 FR 56208, 56210, 56212) that created security 
zones effective through June 1, 2002. The section numbers and titles 
for these security zone regulations are--

Sec.  165.T17-003--Security zone; Trans-Alaska Pipeline Valdez Terminal 
Complex, Valdez, Alaska,
Sec.  165.T17-004--Security zone; Port Valdez, and
Sec.  165.T17-005--Security zones; Captain of the Port Zone, Prince 
William Sound, Alaska.
    Then on June 4, 2002, we published a temporary final rule (67 FR 
38389) that established security zones to replace those security zones 
that expired June 1, 2002. That rule issued in June, which expired July 
30, 2002, created temporary Sec.  165.T17-009, entitled ``Port Valdez 
and Valdez Narrows, Valdez, Alaska''.
    Then on July 26, 2002 we published a temporary final rule (67 FR 
49582-84) that established security zones to replace temporary Sec.  
165.T17-009 that expired July 30, 2002. That rule issued in July, which 
will expire December 31, 2002, created temporary Sec.  165.T17-010, 
entitled ``Port Valdez and Valdez Narrows, Valdez, Alaska''. This 
proposed rule would remove the temporary security zones in Sec.  
165.T17-010 and add permanent security zones in a new 33 CFR 165.1701.
    Comments received regarding the temporary final rules currently in 
place will be taken into consideration.

Discussion of Proposed Rule

    This proposed rule would establish three security zones in new 33 
CFR 165.1701(a) and move the current safety zone in existing 33 CFR 
165.1701 to new 33 CFR 165.1701(b). This proposed rule also would 
establish procedures for vessel entry into the security and safety 
zones for management of the natural resources administered by the 
Alaska Department of Natural Resources.
    The Trans-Alaska Pipeline (TAPS) Valdez Marine Terminal security 
zone encompasses the waters of Port Valdez between Allison Creek to the 
east and Sawmill Spit to the west and offshore to marker buoys A and B 
(approximately 1.5 nautical miles offshore from the TAPS Terminal). The 
Tank Vessel moving security zone encompasses the waters within 200 
yards of a TAPS tanker within the Captain of the Port, Prince William 
Sound Zone. The Valdez Narrows security zone encompasses the waters 200 
yards either side of the Tanker Optimum Trackline through Valdez 
Narrows between Entrance Island and Tongue Point. This zone is enforced 
only when a TAPS tanker is in the zone. The TAPS safety zone 
encompasses all waters within 200 yards of on shore and off shore 
facilities of the TAPS Terminal and is a safety buffer between 
potentially hazardous terminal operating areas and areas to which 
vessels may be permitted entry by the Captain of the Port, Prince 
William Sound, during State of Alaska managed fisheries openings and/or 
closings.

[[Page 65075]]

    The Coast Guard has worked closely with local and regional users of 
Port Valdez and Valdez Narrows waterways to develop these security 
zones and the NPRM in order to mitigate the impact on commercial and 
recreational users. The limited size of the terminal security zone is 
designed to minimize impact on mariners while ensuring public safety by 
preventing interference with terminal operations. The Tank Vessel 
moving security zone and the Valdez Narrows security zone will be 
enforced only while vessels are transiting the area and are designed to 
provide a safe operating distance while minimizing threats to tanker 
operations.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Transportation (DOT)(44 FR 11040, February 26, l979). We expect the 
economic impact of this proposed rule to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary. This finding is based on the 
limited size of the zones and the limited duration of the Tank Vessel 
moving security zone and the Valdez Narrows security zone. 
Additionally, vessels will not be precluded from transiting and 
operating in these areas as The Captain of The Port will consider 
requests for entry on a case-by-case basis and requests for entry will 
be approved as appropriate. Those desiring to transit the area of the 
security or safety zones must contact the Captain of the Port under the 
provisions of proposed 33 CFR 165.1701(d).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. The proposed rule would affect the following 
entities, some of which might be small entities: The owners and 
operators of commercial fishing vessels and native subsistence 
fishermen. Some of the areas that these entities might desire to use 
for fishing may fall within the security or safety zones. However, The 
Captain of The Port will consider requests for entry into the security 
or safety zones on a case-by-case basis and requests for entry will be 
approved as appropriate; therefore, it is likely that very few, if any, 
small entities will be impacted by this rule.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lt. Chris Beadle, 
U.S. Coast Guard Marine Safety Office Valdez, Alaska, (907) 835-7222.

Collection of Information

    This proposed rule contains information collection requirements 
that have not been approved by OMB. This proposed rule would modify an 
existing collection of information requirement under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5 CFR 
1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other similar 
actions. The Captain of the Port, Prince William Sound, Alaska requires 
information on vessel owners and operators, and their vessels, crews 
and passengers desiring entry into the proposed security and safety 
zones in Port Valdez and Valdez Narrows, Alaska. This information is 
required to ensure port and vessel safety and security, uninterrupted 
fishing industry openings, control vessel traffic, develop contingency 
plans and enforce applicable laws and regulations.
    You are not required to respond to a collection of information 
unless it displays a currently valid control number from OMB.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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

[[Page 65076]]

Federal Government and Indian tribes. We invite your comments on how 
this proposed rule might impact tribal governments, even if that impact 
may not constitute a ``tribal implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation since implementation of this action will 
not result in any inconsistencies with any Federal, State, or Local 
laws or administrative determinations relating to the environment. 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, Security measures, Waterways.

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


Sec.  165.T17-013  [Removed]

    2. Remove Sec.  165.T17-013.
    3. Revise Sec.  165.1701 to read as follows:


Sec.  165.1701  Port Valdez and Valdez Narrows, Valdez, Alaska--
security and safety zones.

    (a) Security zone locations. The following areas are security 
zones:
    (1) Trans-Alaska Pipeline (TAPS) Valdez Terminal complex 
(Terminal), Valdez, Alaska and TAPS Tank Vessels. All waters enclosed 
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]06'30'' 
N, 146[deg]26'20'' W; thence east to 61[deg]06'30'' 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 beginning point. This security zone encompasses all 
waters approximately 1 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) Tank Vessel Moving Security Zone. All waters within 200 yards 
of any TAPS tank vessel maneuvering to approach, moor, unmoor or depart 
the TAPS Terminal or transiting, maneuvering, laying to or anchored 
within the boundaries of the Captain of the Port, Prince William Sound 
Zone described in 33 CFR 3.85(b).
    (3) Valdez Narrows, Port Valdez, Valdez, Alaska. 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'' W.
    (i) The 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.
    (ii) This security zone encompasses all waters approximately 200 
yards either side of the Valdez Narrows Optimum Track line.
    (b) The following location is a safety 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).
    (c) Regulations. (1) Entry into or remaining in these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Prince William Sound via the request process set out in paragraph (d) 
of this section.
    (2) For the purposes of this section, paragraphs (a), (e), and (f) 
of Sec.  165.33 do not apply to the following vessels or individuals 
legally on board those vessels:
    (i) Public vessels of the United States; and
    (ii) Vessels engaged in the movement of oil from the TAPS terminal 
or fuel to the TAPS terminal and that have reported their movements to 
the Vessel Traffic Service or vessels that are performing work at the 
TAPS Terminal including, but not limited to tugs, oil spill response 
vessels, boom boats, security and safety vessels.
    (3) Enforcement of Valdez Narrows security zone. Section 165.33(a) 
will not be enforced in the Valdez Narrows security zone, described in 
paragraph (a)(3) of this section, except when a tank vessel greater 
than 20,000 DWT is in the Valdez Narrows security zone. Vessels must 
stay clear of the Valdez Narrows security zone when a transiting tank 
vessel approaches the Valdez Narrows VTS Special Area from the vicinity 
of Entrance Island to the north and Tongue Point to the south of Valdez 
Narrows. The Valdez Narrows VTS Special Area is depicted as the purple 
dashed lines on National Oceanic and Atmospheric Administration chart 
16707 and is described in Sec.  161.60(b) of this subchapter.
    (4) Vessels other than those described in paragraph (c)(2) of this 
section desiring access to the security and safety zones set out in 
paragraphs (a) and (b) of this section shall secure permission from the 
Captain of the Port under the procedures listed in paragraph (d).
    (d) Permits. (1) The Captain of the Port may allow access to the 
security and safety zones in order to encourage utilization of natural 
resources, promote tourism and provide for other reasonable use 
consistent with the needs of security and safety within Port Valdez and 
Prince William Sound. Vessels desiring access must obtain a permit from 
the Captain of the Port in the following manner:
    (2) Applicants must submit an application via written request to 
the Captain of the Port at least 48 hours prior to the desired time of 
entry into a security or safety zone. Applications submitted less than 
48 hours prior to the desired time of entry may be accepted by the 
Captain of the Port on a case by case basis. The written request must:
    (i) Demonstrate good cause for entry into a security or safety 
zone.
    (ii) Describe the vessel(s) entering (including name, visible 
identifying

[[Page 65077]]

numbers, markings, etc.) and time(s)/date(s) of entry.
    (iii) Provide certification that all crew members and other persons 
on board are U.S. citizens or provide names and identifying information 
on all non-U.S. citizens (passport, etc.) and certification that all 
other crew and other persons on board are U.S. citizens.
    (iv) Provide a name and contact information for the applicant or 
the applicant's designated point of contact.
    (v) If the application is submitted less than 48 hours prior to the 
desired entry into a security or safety zone it must provide the reason 
the applicant was unable to meet the 48 hour deadline. The Captain of 
the Port may consider circumstances beyond the applicant's control as 
acceptable for relief from the 48 hour deadline. ``Beyond the 
applicant's control'' may include, but is not limited to, short notice 
fishing openers, gear retrieval for short notice fishing closures or 
other actions by state or federal wildlife or natural resources 
management agencies. If an application does not meet the 48 hour 
deadline and is not accepted, the Captain of the Port shall provide the 
reason(s) why the application is denied in a written response to the 
applicant.
    (vi) Applications may be delivered in person or by mail to Captain 
of the Port, U.S. Coast Guard Marine Safety Office, PO Box 486, 105 
Clifton Drive, Valdez, Alaska, 99686-0486.
    (3) Upon approval the Captain of the Port shall issue a letter 
permitting access to a security or safety zone specifying time(s)/
date(s) of entry, check-in, check-out and emergency vacate procedures. 
This letter shall be carried aboard the vessel and presented upon 
request to any on-scene patrol personnel of the Coast Guard.
    (4) The Captain of the Port may require a permittee to monitor 
certain radio frequencies, display special visual signals such as flags 
or markers, enter and depart at specific locations and undergo a vessel 
examination prior to entry into any security or safety zone.
    (5) All persons and vessels must 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, or by on-scene Coast Guard patrol personnel, 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. Coast Guard 
Auxiliary and local or state agencies and may have on board their 
vessels Coast Guard patrol personnel.
    (e) 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.

    Dated: September 25, 2002.
M.A. Swanson,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound, 
Alaska.
[FR Doc. 02-26974 Filed 10-22-02; 8:45 am]
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