[Federal Register: October 14, 2005 (Volume 70, Number 198)]
[Rules and Regulations]
[Page 60005-60008]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc05-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Prince William Sound 05-012]
RIN 1625-AA87
Security Zones; Port Valdez and Valdez Narrows, Valdez, AK
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is continuing temporary security zones
encompassing the Trans-Alaska Pipeline (TAPS) Valdez Terminal Complex,
Valdez, Alaska and TAPS Tank Vessels and Valdez Narrows, Port Valdez,
Alaska, and is reducing the size of one of these zones. These temporary
security zones will remain effective until January 12, 2006, while we
complete a separate rulemaking to create permanent security zones in
these locations.
DATES: This rule is effective from October 11, 2005, through January
12, 2006. Comments and related material on this temporary final rule
must reach the Coast Guard on or before December 13, 2005.
ADDRESSES: You may mail comments and material received 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 materials 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 June 30, 2005, we published a temporary final rule entitled
``Security Zones; TAPS Terminal, Valdez Narrows, and Tank Vessels in
COTP Prince William Sound'' in the Federal Register (70 FR 37681). That
rule is only effective to October 11, 2005.
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 immediate protection of the 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.
[[Page 60006]]
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 be completed to create
a permanent security zones to replace the temporary zones.
On October 23, 2002, we published the notice of proposed rulemaking
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 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 until June 30, 2003. This extension was to
allow for a rulemaking for the permanent security zones to be
completed. Then, on October 31, 2003, we published a temporary final
rule (68 FR 62009) that established security zones to extend the
temporary security zones through March 12, 2004. Then on May 19, 2004,
we published a Second Supplemental Notice of Proposed Rulemaking
(SSNPRM) (69 FR 28871) incorporating changes to the Trans Alaskan
Pipeline system, Valdez Marine Terminal (VMT) security zone coordinates
described in the NPRM (67 FR 65074). Then on October 7, 2005 we
published a TSNPRM (70 FR 58646) with revisions to our proposed
permanent security zones in the same locations as the temporary zones
created by this rule.
This temporary final rule creates temporary security zones through
January 12, 2006, to allow for the rulemaking involving the TSNPRM to
be completed.
Discussion of This Temporary Rule
This temporary final rule continues two security zones without
change in their size and continues but revises the size of a third
temporary security zone. The Trans-Alaska Pipeline Valdez Terminal
complex, Valdez, Alaska and TAPS Tank Vessels 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 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, Port Valdez, Valdez, Alaska, security zone encompasses
the waters 200 yards either side of the Tanker Optimum Trackline
through Valdez Narrows between Entrance Island and Tongue Point.
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. This temporary final rule establishes a uniform transition from
the temporary operating zones while the rulemaking for permanent
security zones 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 05-012, 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.
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). 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
[[Page 60007]]
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
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 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
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 ``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
recordkeeping requirements, Safety measures, Vessels, Waterways.
0
For the reasons discussed 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. 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.
0
2. Add temporary Sec. 165.T17-021 to read as follows:
Sec. 165.T17-021 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
[[Page 60008]]
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: October 3, 2005.
R.E. Bailey,
Lieutenant Commander, United States Coast Guard, Alternate Captain of
the Port, Prince William Sound, Alaska.
[FR Doc. 05-20636 Filed 10-13-05; 8:45 am]
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