[Federal Register Volume 68, Number 57 (Tuesday, March 25, 2003)]
[Rules and Regulations]
[Pages 14326-14328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6981]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Western Alaska 02-001]
RIN 1625-AA00 (Formerly 2115-AA97)


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard adopts, as final, the interim rule published 
in July 2002 that established security zones for Liquefied Natural Gas 
(LNG) tankers in Cook Inlet, AK, within the Western Alaska Marine 
Inspection Zone and Captain of the Port Zone. This final rule includes 
an effective information collection requirement calling for vessel and 
crew information from the owners or operators of commercial fishing 
vessels desiring to fish within the security zone.

DATES: On September 4, 2002, OMB approved the collection of information

[[Page 14327]]

required by 33 CFR 165.1709(b)(1)(ii) as published on July 1, 2002. 
This final rule is effective April 24, 2003.

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 Coast Guard Marine Safety Office Anchorage, AK 
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 July 1, 2002 we published an interim rule with requests for 
comments entitled ``Security Zone, Liquefied Natural Gas Tankers, Cook 
Inlet, AK'' in the Federal Register (67 FR 44057). We received no 
comments. No public hearing was requested, and none was held.

Background and Purpose

    In its July 2002 interim rule, the Coast Guard established 1000-
yard security zones around LNG tankers to safeguard the tankers, 
Nikiski marine terminals, the community of Nikiski, and the maritime 
community from sabotage or subversive acts and incidents of a similar 
nature. Paragraph 33 CFR 165.1709(b)(1)(ii) of that interim rule was 
not made effective because the Office of Management and Budget had not 
yet approved the collection of information called for by that 
paragraph. On September 4, 2002, OMB approved the collection of 
information. We are therefore adopting the interim rule as final and 
making paragraph 33 CFR 165.1709(b)(1)(ii) effective.
    You can find more detailed background information in the preamble 
of the interim rule (67 FR 44057) under SUPPLEMENTARY INFORMATION.

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 Homeland 
Security (DHS). We expect the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS 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

    The Captain of the Port, Western Alaska requires information on 
fishing vessel owners and operators, and their vessels and crew, 
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, to ensure uninterrupted fishing industry openings, to control 
vessel traffic, develop contingency plans, and enforce regulations. 
This collection of information is controlled by the Office of 
Management and Budget (OMB) under OMB control no. 1625-0043 (Formerly 
2115-0540).
    Recently, security zones were established for LNG tankers in Cook 
Inlet, AK through an interim rule published in the Federal Register on 
July 1, 2002 (67 FR 44057). A copy is available in the docket [COTP 
Western Alaska 02-001] under ADDRESSES or electronically through a Web 
site at http://www.archives.gov/federal_register/.
    It became effective on July 6, 2002, with the exception of one 
paragraph, 33 CFR 165.1709(b)(1)(ii), which contains collection of 
information requirements. This rule modified an existing collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
    As required by 44 U.S.C. 3507(d), we submitted a copy of the 
interim rule (which we have adopted as the final rule without change) 
to the Office of Management and Budget (OMB) for its review of the 
collection of information. On September 4, 2002, after reviewing the 
rule and the overall collection of information burden under OMB Control 
Number 1625-0043 (Formerly 2115-0540), OMB approved the collection of 
information required under this rule. The section number is 33 CFR 
165.1709, and the corresponding approval number from OMB is OMB Control 
Number 1625-0043, which expires on September 30, 2005.

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

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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 final 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 
recordkeeping requirements, Security measures, Waterways.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    Accordingly, the interim rule amending 33 CFR part 165 that was 
published at 67 FR 44059 on July 1, 2002, is adopted as a final rule 
without change.

    Dated: February 26, 2003.
H. Mark Hamilton,
Commander, Coast Guard, Acting Captain of the Port, Western Alaska.
[FR Doc. 03-6981 Filed 3-24-03; 8:45 am]
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