[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Rules and Regulations]
[Pages 44057-44059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16394]


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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: Interim rule; request for comments.

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SUMMARY: The Coast Guard is establishing permanent security zones for 
Liquefied Natural Gas (LNG) tankers within the Western Alaska Marine 
Inspection Zone and Captain of the Port Zone. This rule establishes a 
1000-yard radius security zone around the LNG tankers while they are 
moored at Phillips Petroleum LNG Pier and also while they are 
transiting inbound and outbound in the waters of Cook Inlet, AK between 
Phillips Petroleum LNG Pier and the Homer Pilot Station. 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 inbound and outbound transits of the LNG 
tankers. These security zones temporarily close all navigable waters 
within a 1000-yard radius of the tankers.

DATES: Effective July 6, 2002, except for Sec. 165.1709 (b)(1)(ii) 
which contains information collection requirements that have not been 
approved by OMB. We will publish a document in the Federal Register 
announcing the effective date of this paragraph. Comments and related 
material must reach the Docket Management Facility on or before 
September 30, 2002. Comments sent to the Office of Management and 
Budget (OMB) on collection of information must reach OMB on or before 
September 30, 2002.

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 Western Alaska 02-001) and are available for 
inspection or copying at the Coast Guard Marine Safety Office at 510 L 
Street, Suite 100, Anchorage, AK 99501 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

    On April 25, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone, Liquefied Natural Gas Tankers, Cook 
Inlet, AK'' in the Federal Register (67 FR 20474). We received six 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held.
    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. Threats of terrorist attacks on 
the maritime infrastructure have heightened security concerns in United 
States ports. Due to the flammable nature of LNG tankers, it is 
important to develop this rulemaking and implement security measures 
without delay to prevent possible sabotage, subversive activity and 
terrorist attacks to the LNG tankers. The delay encountered, if normal 
rulemaking procedures were followed, would be contrary to the public 
interest. We must take immediate action to protect the LNG tankers, 
Port Nikiski, and persons and property in the maritime community from 
potential hazards. In addition, a commercial fisheries opening 
commences on July 8, 2002, in Cook Inlet and set netters fish in the 
waters underneath and surrounding the LNG pier. This rule must go into 
effect prior to this opening so that we may collect the necessary 
information from the fishermen to avoid disruption of their commercial 
business.

Background and Purpose

    The Coast Guard is establishing permanent security zones to 
safeguard LNG tankers, Nikiski marine terminals, the community of 
Nikiski, and the maritime community from sabotage or subversive acts 
and incidents of a similar nature.
    This rule establishes a 1000-yard radius security zone around LNG 
tankers while the vessels are moored at the Phillips Petroleum LNG 
Pier, Nikiski, AK. It also creates a 1000-yard radius moving security 
zone around the LNG tankers during their inbound and outbound transits 
in the navigable waters of the United States; specifically, starting 
and ending at the Homer Pilot Station in Cook Inlet, AK. 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 requires a collection of information from fishing 
vessel operators and owners that conduct fishing operations in the 
vicinity of the LNG pier. Fishing vessel operators and owners will be 
required to submit this information only one time, but are required to 
notify the Marine Safety Detachment Kenai, Alaska if any of the 
information changes.

Discussion of Comments and Changes

    We received 6 letters containing 10 comments in response to our 
NPRM. The information in this section

[[Page 44058]]

discusses the comments we received, provides the Coast Guard's 
response, and explains any changes we are making to the regulation.
    One comment supported the establishment of a permanent security 
zone around LNG vessels.
    Four comments requested that it be known for the record that the 
set net fishermen using the area around the Phillips Petroleum LNG 
pier, and other Nikiski marine terminals, started fishing in these 
waters and had fishermen's leases with the State of Alaska, before the 
aforementioned facilities were built.
    Four comments stated that they did not expect the security zone, as 
it stands now, to interfere with their commercial fishing business.
    One comment said it was unclear as to whether the security zone in 
Sec. 165.1709(b)(ii)(C) includes both security zones. The stated 
section has been moved to Sec. 165.1709(b)(ii)(D) and includes the 
security zone around the Phillips Petroleum LNG Pier. We have added 
wording to the new section to clarify this point.
    We made two changes to the regulation as proposed in the NPRM. 
Because these changes were not subject to comment, we are issuing an 
interim rule with request for comments on these two changes.
    We changed Sec. 165.1709(b)(3), concerning broadcasting a Notice to 
Mariners informing vessel operators of the LNG tankers' exact arrivals 
and departures. Due to security reasons, the LNG tankers exact arrivals 
and departures will not be broadcast. Instead, we will issue a Local 
Notice to Mariners with general information and a bimonthly Broadcast 
Notice to Mariners to remind vessel operators of the security zones for 
the LNG tankers.
    The second change we made was to Sec. 165.1709(b)(1)(ii)(C). We 
moved the original sentence to Sec. 165.1709(b)(1)(ii)(D) and added 
Sec. 165.1709(b)(1)(ii)(E). We then added a new sentence to 
Sec. 165.1709(b)(1)(ii)(C) to clarify how often and when we need to 
collect information from fishing vessel operators and owners before 
allowing them to fish in the security zone.

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 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 of fishing 
vessels operating their nets in the vicinity of the Phillips Petroleum 
LNG Pier during the months of July 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 
unload 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 not be 
prohibited from operating if they notify and provide information to the 
Coast Guard Marine Safety Detachment in Kenai before fishing in the 
security zone. The Coast Guard will collect 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. We did not receive any comments on 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. This 
information is required to ensure port and vessel safety and security 
and to ensure uninterrupted fishing industry openings and to control 
vessel traffic, develop contingency plans, and enforce regulations.
    You are not required to respond to a collection of information 
unless it displays a currently valid control number from OMB.

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

[[Page 44059]]

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'' 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 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 Record 
keeping 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 areas 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) A vessel owner or operator is required to submit the 
information one time, but shall provide the Captain of the Port 
representative updated information when any part of it changes.
    (D) The Captain of the Port must approve a vessel's request prior 
to being allowed into the security zone at the Phillips Petroleum LNG 
Pier.
    (E) 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 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, Alaska will notify the 
maritime community of these security zones by publishing a Local Notice 
to Mariners and via a bimonthly marine Broadcast Notice to Mariners.

    Dated: June 12, 2002.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 02-16394 Filed 6-28-02; 8:45 am]
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