[Federal Register Volume 69, Number 97 (Wednesday, May 19, 2004)]
[Proposed Rules]
[Pages 28871-28873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11232]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Prince William Sound 02-011]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Second supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish security zones 
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. 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: Comments and related material must reach the Coast Guard on or 
before July 30, 2004.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Marine Safety Office, PO Box 486, Valdez, Alaska 99686. Marine 
Safety Office, Valdez, Port Operations Department 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, 105 
Clifton, Valdez, AK 99686 between 7:30 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Catherine Huot, Port Operations 
Department, U.S. Coast Guard Marine Safety Office, Valdez, Alaska, 
(907) 835-7218.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    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. On October 23, 2002, we published the 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 
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.
    Elsewhere in today's Federal Register we have published a temporary 
final rule that creates temporary security zones through October 31, 
2004, to allow for the rulemaking involving this SNPRM to be completed. 
This SNPRM proposes permanent security zones identical to the ones in 
that TFR. Additionally, this SNPRM makes changes to the security zones 
described in the original NPRM published on October 23, 2002 (67 FR 
65074). These changes include more accurate position information for 
the boundaries of the security zone and removal of the requirement for 
written requests for entry into the zone.

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 04-002, 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\1/2\ 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 
proposed rule in view of them.

[[Page 28872]]

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 later notice in the Federal Register.

Background and Purpose

    The Coast Guard is taking this action for the protection of the 
national security interests in light of terrorist acts perpetrated on 
September 11, 2001, and the continuing threat that remains from those 
responsible for those acts. As a vibrant port with a high volume of oil 
tanker traffic, these security zones are necessary to provide 
protection for the tankers transiting through the Port of Valdez and 
Valdez Narrows. These security zones are a necessary part of the Coast 
Guard's efforts to provide for the safety of the people and environment 
in Valdez and the surrounding area.

Discussion of Proposed Rule

    This supplemental notice of proposed rulemaking sets out 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.
    This action is necessary to provide for the safety of the TAPS 
terminal and TAPS tank vessels. 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.

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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule 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 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 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, permission to enter the zone 
is 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.
    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 (Pub. L. 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 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LT Catherine Huot, Marine Safety 
Office Valdez, Alaska at (907)835-7218.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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,

[[Page 28873]]

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 Federal Government and Indian tribes.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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 draft ``Environmental Analysis Check List'' 
and a draft ``Categorical Exclusion Determination'' (CED) are available 
in the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether the 
rule should be categorically excluded from further environmental 
review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Safety measures, Vessels, Waterways.
    For the reasons discussed 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, 195; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1


Sec.  165.T17-030  [Removed]

    2. Remove 165.T17-030.
    3. Add new Sec.  165.1710 to read as follows:


Sec.  165.1710  Port Valdez and Valdez Narrows, Valdez, Alaska--
security zones.

    (a) Location. 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. 04-11232 Filed 5-18-04; 8:45 am]
BILLING CODE 4910-15-P