[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Rules and Regulations]
[Pages 60005-60008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20636]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Prince William Sound 05-012]
RIN 1625-AA87


Security Zones; Port Valdez and Valdez Narrows, Valdez, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is continuing temporary security zones 
encompassing the Trans-Alaska Pipeline (TAPS) Valdez Terminal Complex, 
Valdez, Alaska and TAPS Tank Vessels and Valdez Narrows, Port Valdez, 
Alaska, and is reducing the size of one of these zones. These temporary 
security zones will remain effective until January 12, 2006, while we 
complete a separate rulemaking to create permanent security zones in 
these locations.

DATES: This rule is effective from October 11, 2005, through January 
12, 2006. Comments and related material on this temporary final rule 
must reach the Coast Guard on or before December 13, 2005.

ADDRESSES: You may mail comments and material received to U.S. Coast 
Guard Marine Safety Office, PO Box 486, Valdez, Alaska 99686. Marine 
Safety Office Valdez, Port Operations Department maintains the public 
docket for this rulemaking. Comments and materials received from the 
public, as well as 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: LTJG Duane Lemmon, Port Operations 
Department, U.S. Coast Guard Marine Safety Office Valdez, Alaska, (907) 
835-7218.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On June 30, 2005, we published a temporary final rule entitled 
``Security Zones; TAPS Terminal, Valdez Narrows, and Tank Vessels in 
COTP Prince William Sound'' in the Federal Register (70 FR 37681). That 
rule is only effective to October 11, 2005.
    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 immediate protection of the 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.


[[Page 60006]]


    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 issued in April 2002, which expired July 30, 2002, 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 be completed to create 
a permanent security zones to replace the temporary zones.
    On October 23, 2002, we published the notice of proposed rulemaking 
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 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 until June 30, 2003. This extension was to 
allow for a rulemaking for the permanent security zones to be 
completed. Then, on October 31, 2003, we published a temporary final 
rule (68 FR 62009) that established security zones to extend the 
temporary security zones through March 12, 2004. Then on May 19, 2004, 
we published a Second Supplemental Notice of Proposed Rulemaking 
(SSNPRM) (69 FR 28871) incorporating changes to the Trans Alaskan 
Pipeline system, Valdez Marine Terminal (VMT) security zone coordinates 
described in the NPRM (67 FR 65074). Then on October 7, 2005 we 
published a TSNPRM (70 FR 58646) with revisions to our proposed 
permanent security zones in the same locations as the temporary zones 
created by this rule.
    This temporary final rule creates temporary security zones through 
January 12, 2006, to allow for the rulemaking involving the TSNPRM to 
be completed.

Discussion of This Temporary Rule

    This temporary final rule continues two security zones without 
change in their size and continues but revises the size of a third 
temporary security zone. The Trans-Alaska Pipeline Valdez Terminal 
complex, Valdez, Alaska and TAPS Tank Vessels 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 
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, Port Valdez, Valdez, Alaska, security zone encompasses 
the waters 200 yards either side of the Tanker Optimum Trackline 
through Valdez Narrows between Entrance Island and Tongue Point.
    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. This temporary final rule establishes a uniform transition from 
the temporary operating zones while the rulemaking for permanent 
security zones 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 05-012, 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.

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). 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

[[Page 60007]]

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

    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 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

    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 provides guidelines for vessels 
transiting in the Captain Of The Port, Prince William Sound Zone so 
that vessels may transit safely in the vicinity of the Port of Valdez 
and the TAPS terminal. 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 
recordkeeping requirements, Safety measures, Vessels, Waterways.

0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T17-021 to read as follows:


Sec.  165.T17-021  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

[[Page 60008]]

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: October 3, 2005.
R.E. Bailey,
Lieutenant Commander, United States Coast Guard, Alternate Captain of 
the Port, Prince William Sound, Alaska.
[FR Doc. 05-20636 Filed 10-13-05; 8:45 am]
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