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Security Zone; Port Valdez, AK
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 7, 2001 (Volume 66, Number 216)]
[Rules and Regulations]
[Page 56210-56212]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no01-8]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Prince William Sound 01-004]
RIN 2115-AA97
Security Zone; Port Valdez, AK
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone for
Port Valdez, Alaska. The security zone encompasses the waters of Port
Valdez north and east of Middle Rock, excluding the waters within the
Alyeska Marine Terminal security zone. This security zone is necessary
to protect the facilities and vessels transiting within Port Valdez
from damage or injury from sabotage, destruction or other subversive
acts. Vessels may not anchor, lay to or otherwise loiter in this
security zone unless specifically authorized by the Captain of the
Port, Prince William Sound, Alaska.
DATES: This regulation is effective from 6 p.m. September 15, 2001
through June 1, 2002.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Prince William Sound 01-004]
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 V.J. Kammer, U.S. Coast Guard
Marine Safety Office Valdez, Alaska, (907) 835-7229.
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 protection of the national security
interests in light of the terrorist acts perpetrated on September 11,
2001. Also, in accordance with 5 U.S.C. 553 (d)(3), the Coast Guard
finds good cause
[[Page 56211]]
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 Port of Valdez.
Discussion of the Regulation
The Coast Guard is establishing a temporary security zone for Port
Valdez, Alaska. This security zone is necessary to protect the
facilities and vessels transiting within Port Valdez from damage or
injury from sabotage, destruction or other subversive acts. The
geographic area covered by this regulation is within the area defined
in 33 CFR 165.1704(a) and encompasses the waters of Port Valdez north
and east of a line drawn 307 degrees True and 127 degrees True from
Middle Rock (61 deg.04.7' N, 146 deg.39.3' W), excluding the waters
within the Alyeska Marine Terminal security zone defined in
Sec. 165.T17-003 of this part published in this same issue of the
Federal Register.
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. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. Economic impact is expected to be minimal because of the
short duration this rule is in effect, the season in which it is
effect, and vessels are permitted in the zone by the COTP on a case-by-
case basis.
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 of the short duration that this rule is
in effect. Moreover, the Captain of the Port will consider on a case-
by-case basis whether an entity can enter this zone; therefore, it is
likely that very few, if any, small entities will be impacted by this
rule.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 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 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 M16745.1C, this rule is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Safety measures, Vessels, Waterways.
[[Page 56212]]
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
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. A new temporary Sec. 165.T17-004 is added to read as follows:
Sec. 165.T17-004 Security zone; Port Valdez.
(a) Location. The following is a security zone: All waters of Port
Valdez, Alaska north and east of a line drawn 307 degrees True and 127
degrees True from Middle Rock (61 deg.04.7' N, 146 deg.39.3' W),
excluding the waters within the Alyeska Marine Terminal security zone
defined in Sec. 165.T17-003 of this part. This security zone is
necessary to protect the facilities and vessels transiting within Port
Valdez from damage or injury from sabotage, destruction or other
subversive acts.
(b) Effective dates. This section is effective from 6 p.m.
September 15, 2001 through June 1, 2002.
(c) Authority. In addition to 33 U.S.C. 1231 and 49 CFR 1.46, 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 directly transiting to the Alyeska Marine Terminal
(terminal) 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) Other Vessels may transit to and from Valdez Narrows directly
to and from the port facilities of the city of Valdez, Alaska. These
Vessels are required to transit using the waters of Port Valdez north
of 61 deg.06.8' N latitude when east of 146 deg.32' W longitude.
(4) No person or vessel may anchor, lay to or otherwise loiter in
this Security Zone without the permission of the Captain of the Port,
Prince William Sound, Alaska.
(5) All persons and vessels shall 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 15, 2001.
P.M. Coleman,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound,
Alaska.
[FR Doc. 01-27873 Filed 11-6-01; 8:45 am]
BILLING CODE 4910-15-U