[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Notices]
[Page 13007]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr08-78]
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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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