[Federal Register: January 13, 2006 (Volume 71, Number 9)]
[Rules and Regulations]
[Page 2152-2154]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja06-13]
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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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