[Federal Register: October 7, 2005 (Volume 70, Number 194)]
[Proposed Rules]
[Page 58646-58649]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc05-20]
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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