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Security Zone: Port Valdez and Valdez Narrows, Valdez, AK
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[Federal Register: October 31, 2003 (Volume 68, Number 211)]
[Rules and Regulations]
[Page 62009-62011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc03-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Prince William Sound 03-002]
RIN 1625-AA00
Security Zone: Port Valdez and Valdez Narrows, Valdez, AK
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
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 Alyeska Marine 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 from September 12, 2003, until March 12,
2004. Comments and related material must reach the Coast Guard on or
before December 31, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket COTP Prince William Sound 03-002 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 Catherine Huot, U.S. Coast Guard
Marine Safety Office Valdez, Alaska, (907) 835-7222.
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 continued protection of 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.
Then on June 4, 2002, we published a temporary final rule (67 FR
38389) that established security zones to replace these security zones
that expired June 1, 2002. That rule issued in June, which expired July
30, 2002, created temporary Sec. 165.T17-009, entitled ''Port Valdez
and Valdez Narrows, Valdez, Alaska''.
Then on July 30, 2002 we published a temporary final rule (67 FR
19359) that established security zones to extend the temporary security
zones that would have expired July 30, 2002. This extension was to
allow for a notice of proposed rulemaking process to be completed for
permanent security zones to replace the temporary zones. Then on
October 23, 2002, we published the notice of proposed rulemaking that
sought public comment on establishing the temporary security zones as
permanent 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 the ``Collection of
Information'' section 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 through June 30, 2003. This extension was to
allow for a rulemaking for the permanent security zones to be
completed. This temporary final rule resumes the temporary security
zones to allow for the SNPRM process to be completed.
Discussion of This Temporary Rule
This temporary final rule establishes three security zones. The
Trans-Alaska Pipeline (TAPS) 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 1.5 nautical miles offshore from the TAPS Terminal). The
Tanker 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 zone is active only when
a TAPS Tanker is in the zone.
This temporary final rule reflects the proposed changes to 33 CFR
165.1701 published in an NPRM in the Federal Register (67 FR 65074,
October 23, 2002). The Coast Guard has worked closely with local and
regional users of Port Valdez and Valdez Narrows waterways to develop
these security zones and the NPRM 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 NPRM and SNPRM process 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 03-002, 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.
[[Page 62010]]
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. 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 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 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
The Coast Guard considered the environmental impact of this rule
and concluded that, under Figure 2-1 paragraph 34(g) of Commandant
Instruction M16745.1D, this rule is categorically excluded from further
environmental documentation. 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 record
keeping requirements, Safety measures, Vessels, Waterways.
? 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. 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.
? 2. A new temporary Sec. 165.T17-016 is added to read as follows:
[[Page 62011]]
Sec. 165.T17-020 Port Valdez and Valdez Narrows, Valdez, Alaska-
security zones.
(a) 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]26'18'' W; thence northerly to 61[deg]06'25''
N, 146[deg]26'18'' W; thence east to 61[deg]06'25'' N, 146[deg]21'20''
W; thence south to 61[deg]04'25'' N, 146[deg]21'20'' W; thence west
along the shoreline and including the area 2000 yards inland along the
shoreline to the beginning point. This security zone encompasses all
waters approximately 1 mile north, east and west of the TAPS Terminal
between Allison Creek (61[deg]05'08'' N, 146[deg]21'15'' W) and Sawmill
Spit (61[deg]05'08'' N, 146[deg]26'19'' W).
(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(b).
(3) Valdez Narrows, Port Valdez, Valdez, Alaska. All waters within
200 yards 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.
(i) The Valdez Narrows Tanker Optimum Track line is a line
commencing at 61[deg]05'23'' N, 146[deg]37'22.5'' W; thence south
westerly to 61[deg]04'03.2'' N, 146[deg]40'03.2'' W; thence southerly
to 61[deg]03'00'' N, 146[deg]41'12'' W.
(ii) This security zone encompasses all waters approximately 200
yards either side of the Valdez Narrows Optimum Track line.
(b) Effective period. This section is effective from September 12,
2003, through March 12, 2004.
(c) Authority. In addition to 33 U.S.C. 1231, 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 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
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 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 12, 2003.
M.A. Swanson,
Commander, United States Coast Guard, Captain of the Port, Prince
William Sound, Alaska.
[FR Doc. 03-27465 Filed 10-30-03; 8:45 am]
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