[Federal Register: March 25, 2003 (Volume 68, Number 57)]
[Rules and Regulations]
[Page 14326-14328]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr03-12]
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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
[[Page 14328]]
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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