[Federal Register Volume 67, Number 80 (Thursday, April 25, 2002)]
[Rules and Regulations]
[Pages 20443-20445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10179]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska-02-007]
RIN 2115-AA97


Security Zone; Liquefied Natural Gas (LNG) Tanker Transits and 
Operations at Phillips Petroleum LNG Pier, Cook Inlet, AK

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary 1000-yard radius 
security zones in the navigable waters around liquefied natural gas 
(LNG) tankers while they are moored and loading at Phillips Petroleum 
LNG Pier and while they are transiting outbound and inbound through 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 sabotage or 
subversive acts.

DATES: This temporary final rule is effective from 12:01 a.m. April 30, 
2002, until 12:01 a.m. July 6, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket (COTP Western Alaska-02-007) and are 
available for inspection or copying at Coast Guard Marine Safety Office 
Anchorage, Alaska 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:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), we find that good cause exists 
for not

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publishing an NPRM, and that under 5 U.S.C. 553(d)(3), good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Because of the terrorist 
activities on September 11, 2001 and subsequent heightened security 
measures, any delay in the effective date of this rule would be 
contrary to the public interest, as immediate action is needed to 
protect the LNG tankers, Nikiski marine terminals, the community of 
Nikiski and the maritime community from potential sabotage or 
subversive acts and incidents of a similar nature. In addition, the 
Coast Guard will make public notifications prior to an LNG transit via 
marine information broadcasts to advise the maritime community when the 
security zones will be activated.

Background and Purpose

    In light of the terrorist attacks in New York City and Washington, 
D.C. on September 11, 2001, the Coast Guard is establishing security 
zones on the navigable waters of Cook Inlet, Alaska, to protect the LNG 
tankers, Nikiski marine terminals, the community of Nikiski and the 
maritime community from potential sabotage or subversive acts and 
incidents of a similar nature. These security zones prohibit movement 
within or entry into the specified areas.
    This rule establishes temporary 1000-yard radius security zones in 
the navigable waters around LNG tankers while moored and loading at 
Phillips Petroleum LNG Pier, Nikiski, Alaska and during their outbound 
and inbound transits through Cook Inlet, Alaska between Phillips 
Petroleum LNG Pier and the Homer Pilot Station. The security zones are 
designed to permit the safe and timely loading and transit of the 
tankers. The security zones' 1000-yard standoff distance also aids the 
safety of these LNG tankers by minimizing potential waterborne threats 
to the operation. The limited size of the zones are 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.

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 so minimal 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 zones and that vessels may still transit 
through the waters of Cook Inlet. Vessels submitting a 96-hour Advanced 
Notice of Arrival and receiving prior approval of the Captain of the 
Port, Western Alaska, can dock at other Nikiski marine terminals while 
the security zone is in effect.

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 these zones are activated.
    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 prior approval from 
the Captain of the Port, Western Alaska and those vessels scheduled to 
dock at one of the Nikiski marine terminals who have submitted a Notice 
of Arrival will not be precluded from mooring at or getting underway 
from other Nikiski marine terminals in the vicinity of the zone.

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 health or risk to safety that may 
disproportionately affect children.

Consultation and Coordination With 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''

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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 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 temporary Sec. 165.T17-010 to read as follows:


Sec. 165.T17-010  Security Zone: Liquefied Natural Gas (LNG) Tanker 
Transits and Operations at Phillips Petroleum LNG Pier, Cook Inlet, 
Alaska.

    (a) Location. The following areas are security zones: All navigable 
waters within a 1000-yard radius of liquefied natural gas (LNG) tankers 
while moored at Phillips Petroleum LNG Pier, 60 deg.40'43" N and 
151 deg.24'10" W and all navigable waters within a 1000-yard radius of 
the tankers during their outbound and inbound transits through Cook 
Inlet, Alaska between Homer Pilot Station at 59 deg.34'86" N and 
15 deg.25'74" W and Phillips Petroleum LNG Pier.
    (b) Effective period. This section is effective from 12:01 a.m. 
April 30, 2002, until 12:01 a.m. July 6, 2002.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.33 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Captain of the Port representative or the designated on-scene 
patrol personnel. These personnel are comprised of commissioned, 
warrant, and petty officers of the U.S. 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.

    Dated: April 16, 2002.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 02-10179 Filed 4-24-02; 8:45 am]
BILLING CODE 4910-15-P