[Federal Register: October 31, 2003 (Volume 68, Number 211)]
[Rules and Regulations]               
[Page 62009-62011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc03-6]                         


[[Page 62009]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Prince William Sound 03-002]
RIN 1625-AA00

 
Security Zone: Port Valdez and Valdez Narrows, Valdez, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
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: This rule is effective from September 12, 2003, until March 12, 
2004. Comments and related material must reach the Coast Guard on or 
before December 31, 2003.

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 03-002 and are available 
for inspection or copying at U.S. Coast Guard Marine Safety Office, PO 
Box 486, Valdez, Alaska 99686, between 7:30 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Catherine Huot, U.S. Coast Guard 
Marine Safety Office Valdez, Alaska, (907) 835-7222.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A notice of proposed rulemaking (NPRM) was not published for this 
regulation. In accordance with 5 U.S.C. 553 (b)(B), the Coast Guard 
finds good cause exists for not publishing an NPRM. The Coast Guard is 
taking this action for the continued protection of national security 
interests in light of terrorist acts perpetrated on September 11, 2001 
and the continuing threat that remains from those who committed those 
acts. Also, in accordance with 5 U.S.C. 553(d)(3), the Coast Guard 
finds good cause to exist for making this regulation effective less 
than 30 days after publication in the Federal Register. Publication of 
a notice of proposed rulemaking and delay of effective date would be 
contrary to the public interest because immediate action is necessary 
to provide for the safety of the TAPS terminal and TAPS tank vessels. 
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 expired June 1, 2002. That rule issued in June, which expired July 
30, 2002, created temporary Sec.  165.T17-009, entitled ''Port Valdez 
and Valdez Narrows, Valdez, Alaska''.
    Then on July 30, 2002 we published a temporary final rule (67 FR 
19359) that established security zones to extend the temporary security 
zones that would have expired July 30, 2002. This extension was to 
allow for a notice of proposed rulemaking process to be completed for 
permanent security zones to replace the temporary zones. Then on 
October 23, 2002, we published the notice of proposed rulemaking that 
sought public comment on establishing the temporary security zones as 
permanent 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 through June 30, 2003. This extension was to 
allow for a rulemaking for the permanent security zones to be 
completed. This temporary final rule resumes the temporary security 
zones to allow for the SNPRM process to be completed.

Discussion of This Temporary Rule

    This temporary final rule establishes three security zones. The 
Trans-Alaska Pipeline (TAPS) 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 temporary final rule reflects the proposed changes to 33 CFR 
165.1701 published in an NPRM in the Federal Register (67 FR 65074, 
October 23, 2002). The Coast Guard has worked closely with local and 
regional users of Port Valdez and Valdez Narrows waterways to develop 
these security zones and the NPRM in order to mitigate the impact on 
commercial and recreational users. This temporary final rule 
establishes a uniform transition from the temporary operating zones 
while the NPRM and SNPRM process is completed.

Request for Comments

    Although the Coast Guard has good cause in implementing this 
regulation without a notice of proposed rulemaking, we want to afford 
the maritime community the opportunity to participate in this 
rulemaking by submitting comments and related material regarding the 
size and boundaries of these security zones in order to minimize 
unnecessary burdens. If you do so, please include your name and 
address, identify the docket number for this rulemaking, COTP Prince 
William Sound 03-002, 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 8.5 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 temporary final 
rule in view of them.

[[Page 62010]]

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 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). The Coast Guard expects 
the economic impact of this proposal 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 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. 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, permits to enter the zone are 
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.

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 contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 13132 and has determined that 
this temporary final rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

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 affect 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 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under Figure 2-1 paragraph 34(g) of Commandant 
Instruction M16745.1D, this rule is categorically excluded from further 
environmental documentation. A ''Categorical Exclusion Determination'' 
is 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 set forth 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.T17-016 is added to read as follows:

[[Page 62011]]

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

    (a) 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 61[deg]06'25'' 
N, 146[deg]26'18'' W; thence east to 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(b).
    (3) Valdez Narrows, Port Valdez, Valdez, Alaska. All waters within 
200 yards 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 approximately 200 
yards either side of the Valdez Narrows Optimum Track line.
    (b) Effective period. This section is effective from September 12, 
2003, through March 12, 2004.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.
    (d) 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 
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 shall 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 12, 2003.
M.A. Swanson,
Commander, United States Coast Guard, Captain of the Port, Prince 
William Sound, Alaska.
[FR Doc. 03-27465 Filed 10-30-03; 8:45 am]

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