[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Proposed Rules]
[Pages 58646-58649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20276]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Prince William Sound 02-011]
RIN 1625-AA87 (Formerly 1625-AA00)


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

AGENCY: Coast Guard, DHS.

ACTION: Third supplemental notice of proposed rulemaking; request for 
comments.

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SUMMARY: The Coast Guard proposes to establish permanent 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 TAPS Terminal and vessels from damage or injury from 
sabotage, destruction or other subversive acts. Entry of vessels into 
these security zones would be 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 November 7, 2005.

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: LTJG Duane Lemmon, 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--
    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 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. This extension was to allow for the 
completion of a notice-and-comment rulemaking to create permanent 
security zones to replace the temporary zones.
    On October 23, 2002, we published a notice of proposed rulemaking 
(NPRM) 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

[[Page 58647]]

need to issue a supplemental notice of proposed rulemaking (SNPRM) to 
address a collection of information issue regarding of the proposed 
rule (68 FR 14935, March 27, 2003). Then on May 19, 2004, we published 
a Second Supplemental Notice of Proposed Rulemaking (SSNPRM) (69 FR 
28871) incorporating changes to Trans-Alaska Pipeline (TAPS) Valdez 
Terminal complex (Terminal), Valdez, Alaska and TAPS Tank Vessels 
security zone coordinates described in the NPRM (67 FR 65074). The 
comment period for that SNPRM ended on July 30, 2004. Although no 
comments were received that would result in changes to the SSNPRM, we 
have learned over the last 3 years that the Trans-Alaska Pipeline 
(TAPS) Valdez Terminal complex (Terminal) security zone is actually 
larger than originally intended due to a conversion oversight in that 
particular zone's respective longitude and latitude values. 
Accordingly, to correct the conversion oversight and to allow for more 
effective enforcement, proposed changes to the Trans-Alaska Pipeline 
(TAPS) Valdez Terminal complex (Terminal) security zone coordinates 
results in the need to issue a Third Supplemental Notice of Proposed 
Rulemaking (TSNPRM). We have also removed unnecessary text from the 
description of the Valdez Narrows, Port Valdez, Valdez, Alaska security 
zone in proposed 33 CFR 165.1710(a)(3).
    This TSNPRM proposes to reduce the size of the Trans-Alaska 
Pipeline (TAPS) Valdez Terminal complex (Terminal) security zone we 
initially proposed in the NPRM published October 23, 2002 (67 FR 
65074).

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 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.

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.
    We are incorporating changes to the Trans-Alaska Pipeline (TAPS) 
Valdez Terminal complex (Terminal) security zone coordinates because we 
have been able to determine over the years that the changes are 
necessary in order to properly mark and monitor the zone, reduce the 
number of zone incursions and provide proper tactical enforcement while 
still keeping boaters a safe distance from the TAPS terminal.

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 .85 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 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 Tank Vessel 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 Tank Vessel 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

[[Page 58648]]

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 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LTJG Duane Lemmon, 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, 
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 record 
keeping 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.T17-020  [Removed]

    2. Remove Sec.  165.T17-020.
    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]25'42'' W; thence northerly to yellow buoy at 
61[deg]06'00'' N, 146[deg]25'42'' W; thence east to the yellow buoy at 
61[deg]06'00'' N, 146[deg]21'30'' W; thence south to 61[deg]04'25'' N, 
146[deg]21'30'' W; thence west along the shoreline and including the 
area 2000 yards inland along the shoreline to the beginning point.
    (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 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

[[Page 58649]]

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.
    (b) Regulations. (1) The general regulations in 33 CFR 165.33 apply 
to the security zones described in paragraph (a) of this section.
    (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: September 23, 2005.
M.S. Gardiner,
Commander, United States Coast Guard, Captain of the Port, Prince 
William Sound, Alaska.
[FR Doc.05-20276 Filed 10-6-05; 8:45 am]
BILLING CODE 4910-15-P