[Federal Register Volume 69, Number 97 (Wednesday, May 19, 2004)]
[Rules and Regulations]
[Pages 28827-28829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11231]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Prince William Sound 04-001]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing the Trans-Alaska Pipeline (TAPS) Valdez Terminal Complex, 
Valdez, Alaska and TAPS Tank Vessels and a temporary security zone in 
the Valdez Narrows, Port Valdez, Alaska. These 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 April 9, 2004, until October 31, 
2004. Comments and related material must reach the Coast Guard on or 
before June 30, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket COTP Prince William Sound 04-001 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 Catherine Huot, U.S. Coast Guard 
Marine Safety Office Valdez, Alaska, (907) 835-7262.

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, and the continuing threat that remains from those who 
committed those acts. 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 the TAPS terminal and TAPS 
tank vessels.
    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 zones are--

Section 165.T17-003--Security zone; Trans-Alaska Pipeline Valdez 
Terminal Complex, Valdez, Alaska,

Section 165.T17-004--Security zone; Port Valdez, and

Section 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 these security zones. 
That rule issued in April 2002, which expired July 30, 2002, created 
temporary Sec.  165.T17-009, entitled ``Port Valdez and Valdez Narrows, 
Valdez, Alaska--security zone''.
    Then on July 31, 2002, we published a temporary final rule (67 FR 
49582) that established security zones to extend the temporary security 
zones that would have expired July 30, 2002. This extension was to 
allow for the completion of a notice-and-comment rulemaking to be 
completed to create permanent security zones to replace the temporary 
zones. Then on October 23, 2002, we published a notice of proposed 
rulemaking that sought public comment on establishing permanent 
security zones similar to the temporary security zones (67 FR 65074). 
The comment period for that NPRM ended December 23, 2002.
    Although no comments were received that would result in changes to 
the proposed rule an administrative omission was found that resulted in 
the need to issue a supplemental notice of proposed rulemaking (SNPRM) 
to address the ``Collection of Information'' section of the proposed 
rule (68 FR 14935, March 27, 2003). Then, on December 30, 2002, we 
issued a

[[Page 28828]]

temporary final rule (68 FR 26490, May 16, 2003) that established 
security zones to extend the temporary security zones until June 30, 
2003. This extension was to allow for a rulemaking for the permanent 
security zones to be completed. Then, on September 12, 2003 we issued a 
temporary final rule (68 FR 62009, October 31, 2003) that established 
security zones to extend the temporary security zones through March 12, 
2004.
    This temporary final rule creates temporary security zones through 
October 31, 2004, to allow for the rulemaking involving the SNPRM to be 
completed. Elsewhere in today's Federal Register we have published a 
second SNPRM proposing permanent security zones identical to the ones 
is this TFR.

Discussion of This Temporary Rule

    This temporary final rule establishes three security zones. The 
Trans-Alaska Pipeline 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 Tanker 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 active only when a TAPS Tanker is 
in the zone.
    The Coast Guard has worked closely with local and regional users of 
Port Valdez and Valdez Narrows waterways to develop these security 
zones in order to mitigate the impact on commercial and recreational 
users. This temporary final rule establishes a uniform transition from 
the temporary operating zones while the rulemaking for permanent 
security zones is completed.

Request for Comments

    Although the Coast Guard has good cause in implementing this 
regulation without a notice of proposed rulemaking, we want to afford 
the maritime community the opportunity to participate in this 
rulemaking by submitting comments and related material regarding the 
size and boundaries of these security zones in order to minimize 
unnecessary burdens. If you do so, please include your name and 
address, identify the docket number for this rulemaking, COTP Prince 
William Sound 04-001, 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 8.5 by 11 inches, suitable for copying. If you would 
like to know they 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 temporary final 
rule in view of them.

Regulatory Evaluation

    This 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 Homeland 
Security (DHS). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under the 
regulatory policies and procedures of DHS is unnecessary. Economic 
impact is expected to be minimal because there are alternative routes 
for vessels to use when the zone is enforced, permits to enter the zone 
are available, and the Tanker Moving Security Zone is in effect for a 
short duration.

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 there are alternative routes for vessels 
to use when the zone is enforced, permits to enter the zone are 
available, and the Tanker Moving Security Zone is in effect for a short 
duration. 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 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 (Pub. L. 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

    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 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 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

[[Page 28829]]

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

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. This rule creates no additional vessel 
traffic and thus imposes no additional burdens on the environment in 
Prince William Sound. It simply provides guidelines for vessels 
transiting in the Captain Of The Port, Prince William Sound Zone so 
that vessels may transit safely in the vicinity of the Port of Valdez 
and the TAPS terminal. 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 record 
keeping requirements, Safety measures, Vessels, Waterways.


0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1


0
2. From April 9, 2004, through October 31, 2004, add new temporary 
Sec.  165.T17-030 to read as follows:


Sec.  165.T17-030  Port Valdez and Valdez Narrows, Valdez, Alaska-
security zones.

    (a) 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]04'25'' N, 146[deg]26'18'' W; thence northerly to yellow buoy at 
61[deg]06'25'' N, 146[deg]26'18'' W; thence east to the yellow buoy at 
61[deg]06'25'' N, 146[deg]21'20'' W; thence south to 61[deg]04'25'' N, 
146[deg]21'20'' 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]05'08'' N, 
146[deg]21'15'' W) and Sawmill Spit (61[deg]05'08'' N, 146[deg]26'19'' 
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 3.85-20(b).
    (3) Valdez Narrows, Port Valdez, Valdez, Alaska. All waters 
approximately 200 yards either side of the Valdez Narrows Tanker 
Optimum Track line bounded by a line beginning at 61[deg]05'15'' N, 
146[deg]37'18'' W; thence south west to 61[deg]04'00'' N, 
146[deg]39'52'' W; thence southerly to 61[deg]02'32.5'' N, 
146[deg]41'25'' W; thence north west to 61[deg]02'40.5'' N, 
146[deg]41'47'' W; thence north east to 61[deg]04'07.5'' N, 
146[deg]40'15'' W; thence north east to 61[deg]05'22'' N, 
146[deg]37'38'' W; thence south east back to the starting point at 
61[deg]05'15'' N, 146[deg]37'18'' W.
    (i) The Valdez Narrows Tanker Optimum Track line is a line 
commencing at 61[deg]05'23'' 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 within approximately 
200 yards on either side of the Valdez Narrows Optimum Track line.
    (b) 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, 
as required under 33 CFR part 161 and Sec.  165.1704, may operate as 
necessary to ensure safe passage of tank vessels to and from the 
terminal.
    (3) 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, the operator of the vessel must 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 9, 2004.
M.A. Swanson,
Commander, United States Coast Guard, Coast Guard, Captain of the Port, 
Prince William Sound, Alaska.
[FR Doc. 04-11231 Filed 5-18-04; 8:45 am]
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