[Federal Register Volume 67, Number 80 (Thursday, April 25, 2002)]
[Proposed Rules]
[Pages 20474-20477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10175]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska-02-001]
RIN 2115-AA97


Security Zone; Liquefied Natural Gas Tankers, Cook Inlet, AK

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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[[Page 20475]]

SUMMARY: The Coast Guard is proposing to establish permanent security 
zones for Liquefied Natural Gas (LNG) tankers within the Western Alaska 
Marine Inspection Zone and Captain of the Port Zone. These security 
zones would establish a 1000-yard radius around the LNG tankers while 
they are loading at Phillips Petroleum LNG Pier and also while they are 
transiting inbound and outbound in the waters of Cook Inlet, Alaska 
between Phillips Petroleum LNG Pier and the Homer Pilot Station. These 
security zones temporarily close all navigable waters within a 1000-
yard radius of the tankers. This action is necessary to protect the LNG 
tankers, Nikiski marine terminals, the community of Nikiski and the 
maritime community against terrorism, sabotage or other subversive acts 
and incidents of a similar nature during loading operations and LNG 
transits in Cook Inlet.

DATES: Comments must be received on or before May 28, 2002.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office, 510 L Street, Suite 100, Anchorage, AK 99501. 
Coast Guard Marine Safety Office Anchorage maintains the public docket 
for this rulemaking. Comments and material 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 Coast Guard Marine Safety Office Anchorage 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Mark McManus, USCG Marine 
Safety Detachment Kenai, at (907) 283-3292 or Lieutenant Commander 
Chris Woodley, USCG Marine Safety Office Anchorage, at (907) 271-6700.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (COTP 
Western Alaska 02-001), 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\1/2\ 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 proposed rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Coast Guard Marine Safety Office 
Anchorage at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    In light of the terrorist attacks in New York City and Washington, 
DC on September 11, 2001, the Coast Guard is proposing to establish 
permanent security zones on the navigable waters of Cook Inlet, Alaska 
to protect the LNG tankers that frequently traverse these waters, the 
Nikiski marine terminals, the community of Nikiski and the maritime 
community from potential sabotage or subversive acts and incidents of a 
similar nature.
    This rulemaking proposes to make permanent the temporary security 
zones published on February 13, 2002 in the Federal Register (67 FR 
6650) under temporary section 165.T17-006 of Title 33 of the Code of 
Federal Regulations (CFR). That rulemaking established temporary 
security zones with identical boundaries in the rulemaking proposed 
herein. This rulemaking is necessary to provide permanent protection of 
the LNG tankers when moored at the Phillips Petroleum LNG Pier and when 
transiting Cook Inlet.

Discussion of Proposed Rule

    We propose to establish a 1000-yard radius security zone around LNG 
tankers while the vessels are moored at the Phillips Petroleum LNG 
Pier, Nikiski, Alaska. Our proposed rule would also create a 1000-yard 
radius moving security zone around the LNG tankers during their inbound 
and outbound transits in Cook Inlet, Alaska; specifically, starting and 
ending at the Homer Pilot Station in Cook Inlet, AK. These security 
zones prohibit entry into or movement within the specified areas. The 
security zones are designed to permit the safe and timely mooring, 
loading and departure of the vessels and the safe transit through Cook 
Inlet by minimizing potential waterborne threats to this operation. The 
limited size of the zone is designed to minimize impact on other 
mariners transiting through the area while ensuring public safety by 
preventing interference with the safe and secure loading and transit of 
the tankers.
    This rule also adds a collection of information requirement in 
paragarph 165.1709(b)(1)(ii)(B) for vessels fishing in the vicinity of 
the Phillips Petroleum LNG Pier that would penetrate the 1000-yard 
security zone when the LNG tankers are moored at the pier. This 
collection of information was not required in the temporary final rule 
published in the Federal Register (67 FR 6650; February 13, 2002) 
because the fishing season does not occur in this area until the summer 
months. We require this information from fishing vessels to ensure the 
security of the LNG tankers and LNG facility against terrorism, 
sabotage or other subversive acts and incidents of a similar nature.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12886, 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 Transportation 
(DOT) (44 FR 11040, February 26, 1979). We expect the economic impact 
of this rule to be minimal and that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. This finding is based on the minimal time that vessels 
will be restricted from the zone, that vessels may still transit 
through the waters of Cook Inlet and dock at other Nikiski marine 
terminals.

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 
or anchor in the vicinity of the Phillips Petroleum LNG Pier during the 
time this zone is activated; and the owners or operators

[[Page 20476]]

of fishing vessels fishing in the vicinity of the Phillips Petroleum 
LNG Pier during the months of June through August.
    These security zones will not have a significant economic impact on 
a substantial number of small entities for the following reasons. 
Marine traffic will still be able to transit through Cook Inlet during 
the zones' activation. Additionally, vessels with cargo to load or 
offload from other Nikiski marine terminals in the vicinity of the zone 
will not be precluded from mooring at or getting underway from the 
terminals. The owners of fishing vessels that typically fish in the 
vicinity of the LNG pier during the summer months will be required to 
notify and provide information to the local Coast Guard Marine Safety 
Detachment in Kenai before being allowed to fish at the LNG pier. The 
Coast Guard will collect current information from them that is 
essential to keeping the pier secure from sabotage or subversive 
activities.

Collection of Information

    This rule modifies an existing collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5 
CFR 1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the information collection, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. The estimate covers the time for 
reviewing instructions, searching existing sources of data, gathering 
and maintaining the data needed, and completing and reviewing the 
collection.
    Title: Ports and Waterways Safety.
    OMB Control Number: 2115-0540.
    Summary of the Collection of Information: The Captain of the Port, 
Western Alaska requires information on fishing vessel owners and 
operators, and their vessels, desiring to fish in the security zone 
around the Phillips Petroleum LNG Pier.
    Need for Information: To ensure port and vessel safety and security 
and to ensure the fishing industry openings are uninterrupted.
    Proposed use of Information: This information is required to 
control vessel traffic, develop contingency plans, and enforce 
regulations.
    Description of the Respondents: The respondents are owners, 
operators, or persons in charge of fishing vessels operating in the 
vicinity of the Phillips Petroleum LNG Pier.
    Number of Respondents: The existing OMB-approved collection number 
of respondents is 1,329. This proposed rule would increase the number 
of respondents by 10 to a total of 1,339.
    Frequency of Response: The existing OMB-approved collection annual 
number of responses is 1,329. This temporary rule will increase the 
number of responses by 10 to a total of 1,339.
    Burden of Response: The existing OMB-approved collection burden of 
response is 2 and 1/4 hours. This proposed rule would not change the 
burden of response because it will take less time for the responders to 
complete this response. Their vessels and crew are smaller.
    Estimate of Total Annual Burden: The existing OMB-approved 
collection total annual burden is 2,924 hours. This proposed rule would 
increase the total annual burden by 5 hours to a total of 2,929 hours.
    We ask for public comment on the collection of information to help 
us determine how useful the information is; whether it can help us 
perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. The OMB approval is 
valid until November 30, 2003.

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 proposed 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 proposed 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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.

Consultation and Coordination With Indian Tribal Governments

    This proposed 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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''

[[Page 20477]]

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 considered the environmental impact of this proposed rule and 
concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. This rule fits paragraph 34(g) as it 
establishes a security zone. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying 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. 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. Add Sec. 165.1709 to read as follows:


Sec. 165.1709  Security Zones: Liquefied Natural Gas Tanker Transits 
and Operations at Phillips Petroleum LNG Pier, Cook Inlet, AK.

    (a) Location. The following areas are established as security zones 
during the specified conditions:
    (1) All navigable waters within a 1000-yard radius of the Liquefied 
Natural Gas (LNG) tankers during their inbound and outbound transits 
through Cook Inlet, Alaska between the Phillips Petroleum LNG Pier, 
60 deg.40'43" N and 151 deg.24'10" W, and the Homer Pilot Station at 
59 deg.34'86" N and 151 deg.25'74" W. On the inbound transit, this 
security zone remains in effect until the tanker is alongside the 
Phillips Petroleum LNG Pier, 60 deg.40'43" N and 151 deg.24'10" W.
    (2) All navigable waters within a 1000-yard radius of the Liquefied 
Natural Gas tankers while they are moored at Phillips Petroleum LNG 
Pier, 60 deg.40'43" N and 151 deg.24'10" W.
    (b) Special Regulations. (1) For the purpose of this section, the 
general regulations contained in 33 CFR 165.33 apply to all but the 
following vessels in the area described in paragraph (a):
    (i) Vessels scheduled to moor and offload or load cargo at other 
Nikiski marine terminals that have provided the Coast Guard with an 
Advance Notice of Arrival.
    (ii) Commercial fishing vessels, including drift net and set net 
vessels, fishing from the waters within the zone, if
    (A) The owner of the vessel has previously requested approval from 
the Captain of the Port representative Marine Safety Detachment Kenai, 
Alaska, to fish in the security zone and
    (B) Has provided the Captain of the Port representative, Marine 
Safety Detachment Kenai, Alaska current information about the vessel, 
including:
    (1) The name and/or the official number, if documented, or state 
number, if numbered by a state issuing authority;
    (2) A brief description of the vessel, including length, color, and 
type of vessel;
    (3) The name, Social Security number, current address, and 
telephone number of the vessel's master, operator or person in charge; 
and
    (4) Upon request, information on the vessel's crew.
    (C) The Captain of the Port must approve a vessel's request prior 
to being allowed into the security zone.
    (D) The vessel is operated in compliance with any specific orders 
issued to the vessel by the Captain of the Port or other regulations 
controlling the operation of vessels within the security zone that may 
be in effect.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port representative or the designated 
on-scene patrol personnel. These personnel are comprised of 
commissioned, warrant, and petty officers of the Coast Guard. Upon 
being hailed by a U. S. Coast Guard vessel by siren, radio, flashing 
light, or other means, the operator of a vessel shall proceed as 
directed.
    (3) The Marine Safety Detachment Kenai will notify the maritime 
community of periods during which these security zones will be in 
effect by providing advance notice of scheduled arrivals and departures 
of the LNG tankers via a marine Broadcast Notice to Mariners.

    Dated: February 27, 2002.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 02-10175 Filed 4-24-02; 8:45 am]
BILLING CODE 4910-15-P