[Federal Register Volume 71, Number 9 (Friday, January 13, 2006)]
[Rules and Regulations]
[Pages 2152-2154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-161]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Prince William Sound 02-011]
RIN 1625-AA87


Security Zones; Port Valdez, Tank Vessel Moving Security Zone and 
Valdez Narrows, Valdez, AK

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard has established permanent security zones 
encompassing the Trans-Alaska Pipeline (TAPS) Valdez Terminal Complex, 
Valdez, Alaska, and TAPS tank vessels and 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 is 
prohibited unless specifically authorized by the Captain of the Port, 
Prince William Sound, Alaska.

DATES: This rule is effective February 13, 2006.

ADDRESSES: 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 Duane Lemmon, Chief, Maritime 
Homeland Security Department, U.S. Coast Guard Marine Safety Office 
Valdez, Alaska, (907) 835-7262.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    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 TAPS Terminal and tankers transiting through the 
Port of Valdez and Valdez Narrows. Also 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.
    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 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 the 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 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 the 
Trans-Alaska Pipeline (TAPS) Valdez Terminal complex (Terminal), 
Valdez, Alaska security zone coordinates described in the NPRM (67 FR 
65074). These changes included more accurate position information for 
the boundaries of the security zone. 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 
while enforcing the temporary security zones (see those mentioned above 
and 68 FR 26490 (May 16, 2003) and 68 FR 62009 (October 31, 2003)) that 
the TAPS Terminal security zone is actually larger than it needs to be 
and that a smaller zone would allow the Coast Guard to monitor and 
enforce the zone more effectively. To make the security zone smaller, 
we proposed changes to the TAPS Terminal security zone coordinates in a 
Third Supplemental Notice of Proposed Rulemaking (TSNPRM) (70 FR 58646, 
October 7, 2005). In that TSNPRM, we also proposed removing unnecessary 
text from the description of the Valdez Narrows, Port Valdez, Valdez, 
Alaska security zone in proposed 33 CFR 165.1710(a)(3).

Discussion of Comments and Changes

    We received no comments on the proposed rule published October 7, 
2005, and no changes have been made from that proposed rule.

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).
    We expect the economic impact of this 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 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

[[Page 2153]]

governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 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 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 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 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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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), 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 regulates vessels transiting in the Captain of the 
Port, Prince William Sound Zone for security proposes so that they 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.

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 discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

[[Page 2154]]

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. 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]05'03.6'' 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]05'06'' 
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 
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: December 16, 2005.
M.S. Gardiner,
Commander, United States Coast Guard, Coast Guard, Captain of the Port, 
Prince William Sound, Alaska.
[FR Doc. 06-161 Filed 1-12-06; 8:45 am]
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