![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Security Zones; TAPS Terminal, Valdez Narrows, and Tank Vessels in COTP Prince William Sound
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 30, 2005 (Volume 70, Number 125)]
[Rules and Regulations]
[Page 37681-37683]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn05-13]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Prince William Sound 05-008]
RIN 1625-AA87
Security Zones; TAPS Terminal, Valdez Narrows, and Tank Vessels
in COTP Prince William Sound
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes establishing security zones
encompassing the Trans-Alaska Pipeline System (TAPS) Valdez Terminal
Complex (Terminal) in Valdez, Alaska, the Valdez Narrows Tanker Optimum
Track Line, and waters 200 yards around any tank vessel operating
within the COTP Prince William Sound zone. These security zones are
necessary to protect the TAPS Terminal and tank vessels from damage or
injury from sabotage 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 June 13, 2005, to October 11, 2005.
[[Page 37682]]
Comments and related material must reach the Coast Guard on or before
August 29, 2005.
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 05-008 and are available
for inspection or copying at U.S. Coast Guard Marine Safety Office
Valdez, 105 Clifton Court, Valdez, Alaska 99686 between 8 a.m. and 4:30
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Daune Lemmon, U.S. Coast Guard
Marine Safety Office Valdez, (907) 835-7266.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 533(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. These security zones are
necessary on short notice to protect vessels and people from damage or
injury from sabotage or other subversive acts. The duration of this
temporary final rule is necessary while a rulemaking for a permanent
security zone is completed. For these same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register. Although the Coast Guard has good cause to issue this
effective temporary rule without first publishing a proposed rule, you
are invited to submit comments and related material regarding this rule
on our before August 29, 2005. We may change the temporary final rule
based on your comments.
Discussion of Rule
The Coast Guard is establishing security zones within three
different areas in the Captain of the Port (COTP), Prince William Sound
Zone. The Trans-Alaska Pipeline (TAPS) Valdez Marine Terminal
(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 tank vessel in COTP Prince William Sound Zone
encompasses the waters within 200 yards of a tank vessel within the
COTP, 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 Valdez Narrows zone will be activated and subject to
enforcement only when a tank vessel is in this security zone.
These security zones are necessary to protect TAPS Terminal and
tank vessels from damage or injury from sabotage or other subversive
acts. The duration of this temporary final rule is necessary while a
rulemaking for a permanent security zone is completed. 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.
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).
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. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit in a portion of Port Valdez.
These security zones will not have a significant economic impact on
a substantial number of small entities for the reason that vessel
traffic can pass safely around the security zones.
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 calls 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 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
[[Page 37683]]
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. 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). A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' are
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, Security measures, Waterways.
? 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
? 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.T17-020 is added to read as follows:
Sec. 165.T17-020 Port Valdez and Valdez Narrows, Valdez, Alaska-
security zones.
(a) Location. The following areas are security zones--
(1) Trans-Alaska Pipeline System (TAPS) Valdez Terminal Complex
(Terminal), Valdez, Alaska. All waters enclosed within a line beginning
on the southern shoreline of Port Valdez at 61[deg]04.97' N,
146[deg]26.33' W; thence northerly to the yellow buoy at 61[deg]06.50'
N, 146[deg]26.33' W; thence east to the yellow buoy at 61[deg]06.50' N,
146[deg]21.23' W; thence south to 61[deg]05.11' N, 146[deg]21.23' 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]05.11' N, 146[deg]21.23' W)
and Sawmill Spit (61[deg]04.97' N, 146[deg]26.33' W).
(2) Tank Vessels in COTP Prince William Sound Zone. All waters
within 200 yards of any 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 within
200 yards of the Valdez Narrows Tanker Optimum Track line, when a
tanker is navigating through the narrows.
(i) The Valdez Narrows Tanker Optimum Track line is a line
commencing at 61[deg]05.38' N, 146[deg]37.38' W; thence south westerly
to 61[deg]04.05' N, 146[deg]40.05' W; thence southerly to 61[deg]04.05'
N, 146[deg]41.20' W.
(ii) This security zone encompasses all waters 200 yards either
side of the Valdez Narrows Optimum Track line.
(iii) Whenever a tank vessel is navigating on the Valdez Narrows
Optimum Track line, the security zone is activated and subject to
enforcement. All vessels forward of a TAPS tanker's movement shall
vacate the security zone surrounding the Optimum Track line. Vessels
may reenter the security zone astern of a moving tanker provided that a
200 yards separation is given, as required in paragraph (a)(2) of this
section.
(b) Regulations. (1) The general regulations in 33 CFR 165.33 apply
to the security zones established in paragraph (a) of this section. No
person or vessel may enter these security zones without permission of
the Captain of the Port, Prince William Sound.
(2) All persons and vessels granted permission to enter these
security zones must comply with the instructions of the Captain of the
Port representative or designated on-scene patrol vessel. These
personnel are comprised of commissioned, warrant, and petty officers of
the Coast Guard. Upon being hailed by a Coast Guard vessel by siren,
radio, flashing light, or other means, the operator of a vessel must
proceed as directed.
(3) The Captain of the Port or his representative or the designated
on-scene patrol vessel may authorize vessels to enter the security
zones in this section.
(c) Effective period. This section is effective from June 13, 2005,
to October 11, 2005.
Dated: June 10, 2005.
M.S. Gardiner,
Commander, U.S. Coast Guard, Captain of the Port, Prince William Sound.
[FR Doc. 05-12932 Filed 6-29-05; 8:45 am]
BILLING CODE 4910-15-P