[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Rules and Regulations]
[Pages 37681-37683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12932]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Prince William Sound 05-008]
RIN 1625-AA87


Security Zones; TAPS Terminal, Valdez Narrows, and Tank Vessels 
in COTP Prince William Sound

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard proposes establishing security zones 
encompassing the Trans-Alaska Pipeline System (TAPS) Valdez Terminal 
Complex (Terminal) in Valdez, Alaska, the Valdez Narrows Tanker Optimum 
Track Line, and waters 200 yards around any tank vessel operating 
within the COTP Prince William Sound zone. These security zones are 
necessary to protect the TAPS Terminal and tank vessels from damage or 
injury from sabotage 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 June 13, 2005, to October 11, 2005.

[[Page 37682]]

Comments and related material must reach the Coast Guard on or before 
August 29, 2005.

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 05-008 and are available 
for inspection or copying at U.S. Coast Guard Marine Safety Office 
Valdez, 105 Clifton Court, Valdez, Alaska 99686 between 8 a.m. and 4:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Daune Lemmon, U.S. Coast Guard 
Marine Safety Office Valdez, (907) 835-7266.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 533(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. These security zones are 
necessary on short notice to protect vessels and people from damage or 
injury from sabotage or other subversive acts. The duration of this 
temporary final rule is necessary while a rulemaking for a permanent 
security zone is completed. For these same reasons, under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exists for making this 
rule effective less than 30 days after publication in the Federal 
Register. Although the Coast Guard has good cause to issue this 
effective temporary rule without first publishing a proposed rule, you 
are invited to submit comments and related material regarding this rule 
on our before August 29, 2005. We may change the temporary final rule 
based on your comments.

Discussion of Rule

    The Coast Guard is establishing security zones within three 
different areas in the Captain of the Port (COTP), Prince William Sound 
Zone. The Trans-Alaska Pipeline (TAPS) Valdez Marine Terminal 
(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 in COTP Prince William Sound Zone 
encompasses the waters within 200 yards of a tank vessel within the 
COTP, 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 Valdez Narrows zone will be activated and subject to 
enforcement only when a tank vessel is in this security zone.
    These security zones are necessary to protect TAPS Terminal and 
tank vessels from damage or injury from sabotage or other subversive 
acts. The duration of this temporary final rule is necessary while a 
rulemaking for a permanent security zone is completed. 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 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).

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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit in a portion of Port Valdez.
    These security zones will not have a significant economic impact on 
a substantial number of small entities for the reason that vessel 
traffic can pass safely around the security zones.

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 calls 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 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 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 an economically significant rule and does not create an 
environmental risk to

[[Page 37683]]

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. 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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). A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' are 
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.

0
For the reasons discussed 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. A new temporary Sec.  165.T17-020 is added to read as follows:


Sec.  165.T17-020  Port Valdez and Valdez Narrows, Valdez, Alaska-
security zones.

    (a) Location. The following areas are security zones--
    (1) Trans-Alaska Pipeline System (TAPS) Valdez Terminal Complex 
(Terminal), Valdez, Alaska. All waters enclosed within a line beginning 
on the southern shoreline of Port Valdez at 61[deg]04.97' N, 
146[deg]26.33' W; thence northerly to the yellow buoy at 61[deg]06.50' 
N, 146[deg]26.33' W; thence east to the yellow buoy at 61[deg]06.50' N, 
146[deg]21.23' W; thence south to 61[deg]05.11' N, 146[deg]21.23' 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]05.11' N, 146[deg]21.23' W) 
and Sawmill Spit (61[deg]04.97' N, 146[deg]26.33' W).
    (2) Tank Vessels in COTP Prince William Sound Zone. All waters 
within 200 yards of any 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 within 
200 yards of the Valdez Narrows Tanker Optimum Track line, when a 
tanker is navigating through the narrows.
    (i) The Valdez Narrows Tanker Optimum Track line is a line 
commencing at 61[deg]05.38' N, 146[deg]37.38' W; thence south westerly 
to 61[deg]04.05' N, 146[deg]40.05' W; thence southerly to 61[deg]04.05' 
N, 146[deg]41.20' W.
    (ii) This security zone encompasses all waters 200 yards either 
side of the Valdez Narrows Optimum Track line.
    (iii) Whenever a tank vessel is navigating on the Valdez Narrows 
Optimum Track line, the security zone is activated and subject to 
enforcement. All vessels forward of a TAPS tanker's movement shall 
vacate the security zone surrounding the Optimum Track line. Vessels 
may reenter the security zone astern of a moving tanker provided that a 
200 yards separation is given, as required in paragraph (a)(2) of this 
section.
    (b) Regulations. (1) The general regulations in 33 CFR 165.33 apply 
to the security zones established in paragraph (a) of this section. No 
person or vessel may enter these security zones without permission of 
the Captain of the Port, Prince William Sound.
    (2) All persons and vessels granted permission to enter these 
security zones must comply with the instructions of the Captain of the 
Port representative or designated on-scene patrol vessel. These 
personnel are comprised of commissioned, warrant, and petty officers of 
the Coast Guard. Upon being hailed by a Coast Guard vessel by siren, 
radio, flashing light, or other means, the operator of a vessel must 
proceed as directed.
    (3) The Captain of the Port or his representative or the designated 
on-scene patrol vessel may authorize vessels to enter the security 
zones in this section.
    (c) Effective period. This section is effective from June 13, 2005, 
to October 11, 2005.

    Dated: June 10, 2005.
M.S. Gardiner,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound.
[FR Doc. 05-12932 Filed 6-29-05; 8:45 am]
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