[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Notices]
[Page 13007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4820]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2008-0168]


Prince William Sound Regional Citizens' Advisory Council 
(PWSRCAC) Charter Renewal.

AGENCY: Coast Guard, DHS.

ACTION: Notice of recertification.

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SUMMARY: The purpose of this notice is to inform the public that the 
Coast Guard has recertified the Prince William Sound Regional Citizens' 
Advisory Council (PWSRCAC) as an alternative voluntary advisory group 
for Prince William Sound, Alaska. This certification allows the PWSRCAC 
to monitor the activities of terminal facilities and crude oil tankers 
under the Prince William Sound Program established by statute.

DATES: This recertification is effective for the period from February 
29, 2008 through February 28, 2009.

FOR FURTHER INFORMATION CONTACT: Commander, Seventeenth Coast Guard 
District (dpi), by phone at (907) 463-2821, or by mail at P.O. Box 
25517, Juneau, Alaska 99802.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    As part of the Oil Pollution Act of 1990, Congress passed the Oil 
Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 
1990 (the Act), 33 U.S.C. 2732, to foster a long-term partnership among 
industry, government, and local communities in overseeing compliance 
with environmental concerns in the operation of crude oil terminals and 
oil tankers.
    On October 18, 1991, the President delegated his authority under 33 
U.S.C 2732(o) to the Secretary of Transportation in Executive Order 
12777, section 8(g) (see 56 FR 54757; October 22, 1991) for purposes of 
certifying advisory councils, or groups, subject to the Act. On March 
3, 1992, the Secretary redelegated that authority to the Commandant of 
the USCG (see 57 FR 8582; March 11, 1992). The Commandant redelegated 
that authority to the Chief, Office of Marine Safety, Security and 
Environmental Protection (G-M) on March 19, 1992 (letter 
5402).
    On July 7, 1993, the USCG published a policy statement, 58 FR 
36504, to clarify the factors that shall be considered in making the 
determination as to whether advisory councils, or groups, should be 
certified in accordance with the Act.
    The Assistant Commandant for Marine Safety and Environmental 
Protection (G-M), redelegated recertification authority for advisory 
councils, or groups, to the Commander, Seventeenth Coast Guard District 
on February 26, 1999 (letter 16450).
    On September 16, 2002, the USCG published a policy statement, 67 FR 
58440, that changed the recertification procedures such that applicants 
are required to provide the USCG with comprehensive information every 
three years (triennially). For each of the two years between the 
triennial application procedure, applicants submit a letter requesting 
recertification that includes a description of any substantive changes 
to the information provided at the previous triennial recertification. 
Further, public comment is not solicited prior to recertification 
during streamlined years, only during the triennial comprehensive 
review.
    The Alyeska Pipeline Service Company pays the PWSRCAC $2.9 million 
annually in the form of a longterm contract. In return for this 
funding, the PWSRCAC must annually show that it ``fosters the goals and 
purposes'' of OPA 90 and is ``broadly representative of the communities 
and interests in the vicinity of the terminal facilities and Prince 
William Sound.'' The PWSRCAC is an independent, nonprofit organization 
founded in 1989. Though it receives Federal oversight like many 
independent, non-profit organizations, it is not a Federal agency. The 
PWSRCAC is a local organization that predates the passage of OPA 90. 
The existence of the PWSRCAC was specifically recognized in OPA 90 
where it is defined as an ``alternate voluntary advisory group.''
    Alyeska funds the PWSRCAC, and the Coast Guard makes sure the 
PWSRCRC operates in a fashion that is broadly consistent with OPA 90.

Discussion of Comments

    On January 24, 2008 the USCG published a Notice of Availability; 
request for comments for recertification of Prince William Sound 
Regional Citizens' Advisory Council in the Federal Register (73 FR 
4251). We received 16 letters commenting on the proposed action. No 
public meeting was requested, and none was held. Of the 16 comments 
received, all 16 were positive. These letters in support of the 
recertification consistently cited PWSRCAC's broad representation of 
the respective community's interests, appropriate actions to keep the 
public informed, improvements to both spill response preparation and 
spill prevention, and oil spill industry monitoring efforts that combat 
complacency--as intended by the Act.
     Recertification: By letter dated February 27, 2008, the Commander, 
Seventeenth Coast Guard certified that the PWSRCAC qualifies as an 
alternative voluntary advisory group under 33 U.S.C. 2732(o). This 
recertification terminates on February 28, 2009.

    Dated: February 28, 2008.
Arthur E. Brooks,
Rear Admiral, U.S. Coast Guard Commander, Seventeenth Coast Guard 
District.
[FR Doc. E8-4820 Filed 3-10-08; 8:45 am]
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