[Federal Register Volume 68, Number 203 (Tuesday, October 21, 2003)]
[Rules and Regulations]
[Pages 60035-60036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26555]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Western Alaska 03-003]
RIN 1625-AA00


Security Zone; Port of Anchorage, Knik Arm, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary 1000-yard security 
zone in the navigable waters off the Port of Anchorage, Alaska. This 
security zone temporarily closes all navigable waters extending out 
from the Port of Anchorage. This action is necessary to protect the 
Port of Anchorage, vessels moored at the Port, and its personnel 
against sabotage or subversive acts.

DATES: This temporary final rule is effective from 12:01 p.m. on 
September 23, 2003 until 12:01 p.m. on March 23, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket (COTP Western Alaska 03-001) 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: Commander Robert Forgit, 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), the Coast Guard finds that good 
cause exists for not 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. The Port of 
Anchorage, Alaska recently experienced a terrorist threat of damage to 
the port and its personnel. We are immediately establishing this 
temporary security zone to protect the Port, the vessels within the 
Port, and its personnel from sabotage or subversive acts.

Background and Purpose

    In light of a recent terrorist threat to the Port of Anchorage, the 
Coast Guard is establishing a security zone on the navigable waters off 
the Port of Anchorage to safeguard the Port, the vessels within the 
Port, and its personnel from sabotage or subversive acts and incidents 
of a similar nature. This security zone prohibits movement within or 
entry into the specified area.
    This rule establishes a temporary 1000-yard security zone in the 
navigable waters of Knik Arm off the Port of Anchorage, Alaska. This 
security zone is designed to permit the safe loading and unloading of 
vessels moored at the Port and to protect its personnel from possible 
sabotage, subversive acts or incidents of a similar nature.

Discussion of Rule

    The Coast Guard is establishing a temporary 1000-yard security zone 
in the navigable waters of Knik Arm off the Port of Anchorage. 
Specifically, the zone includes the waters of Knik Arm that are within 
an area bounded by a line drawn from a point located at 61[deg]15.14' 
North, 149[deg]52.78' West, then west to a point located at 
61[deg]15.14' North, 149[deg]53.84' West, then south to a point located 
at 61[deg]14.39' North, 149[deg]53.64' West, then east to a point 
located at 61[deg]13.94' North, 149[deg]53.55' West; thence along the 
shoreline back to the beginning point. All cargo vessels scheduled to 
moor at the Port of Anchorage and that have submitted the required 
Advance Notice of Arrival will be allowed to transit the zone. All tow 
vessels contracted, specifically Cook Inlet Tug and Barge, to assist 
the vessels into the Port of Anchorage, may transit the security zone 
when actually assisting a vessel. The limited size of the zone is 
designed to minimize the impact on other vessels transiting to 
facilities near the Port of Anchorage.

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). This finding is based on the limited size of the 
security zone which will have minimal, if any, impact on vessels 
transiting the waters of Knik Arm and to facilities near the Port of 
Anchorage.

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 
in the vicinity of the Port of Anchorage.
    This security zone 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 Knik Arm during the 
zone's activation. Additionally, vessels with cargo to load or unload 
at the Port of Anchorage will not be precluded from mooring at or 
getting underway from the Port. Tow vessels contracted to assist 
vessels will not be precluded from transiting the zone to assist 
vessels.

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

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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 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 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. Under figure 2-1, paragraph (34)(g), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and Record 
keeping requirements, Security measures, 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T17-017 to read as follows:


Sec.  165.T17-017  Security Zone: Port of Anchorage, Knik Arm, Alaska.

    (a) Location. The following area is a security zone: All navigable 
waters within 1000-yards of the Port of Anchorage. Specifically, the 
zone includes the waters of Knik Arm that are within an area bounded by 
a line drawn from a point located at 61[deg]15.14' North, 
149[deg]52.78' West; thence west to a point located at 61[deg]15.14' 
North, 149[deg]53.84' West; thence south to a point located at 
61[deg]14.39' North, 149[deg]53.64' West; thence east to a point 
located at 61[deg]13.94' North, 149[deg]53.55' West; thence along the 
shoreline back to the beginning point.
    (b) Effective period. This section is effective from 12:01 p.m., 
September 23, 2003 to 12:01 p.m., March 23, 2004.
    (c) 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 the Port 
of Anchorage that have provided the Coast Guard with an Advance Notice 
of Arrival.
    (ii) Tow vessels contracted, specifically Cook Inlet Tug and Barge, 
to assist vessels to the dock at the Port of Anchorage.
    (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.

    Dated: September 23, 2003.
Thomas D. Harrison,
Commander, Coast Guard, Acting Captain of the Port, Western Alaska.
[FR Doc. 03-26555 Filed 10-20-03; 8:45 am]
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