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Security Zone; Liquefied Natural Gas Tankers, Cook Inlet, AK
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 25, 2002 (Volume 67, Number 80)]
[Proposed Rules]
[Page 20474-20477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap02-14]
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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: Notice of proposed rulemaking.
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[[Page 20475]]
SUMMARY: The Coast Guard is proposing to establish permanent security
zones for Liquefied Natural Gas (LNG) tankers within the Western Alaska
Marine Inspection Zone and Captain of the Port Zone. These security
zones would establish a 1000-yard radius around the LNG tankers while
they are loading at Phillips Petroleum LNG Pier and also while they are
transiting inbound and outbound in 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 terrorism, sabotage or other subversive acts
and incidents of a similar nature during loading operations and LNG
transits in Cook Inlet.
DATES: Comments must be received on or before May 28, 2002.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office, 510 L Street, Suite 100, Anchorage, AK 99501.
Coast Guard Marine Safety Office Anchorage maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at Coast Guard Marine Safety Office Anchorage
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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (COTP
Western Alaska 02-001), indicate the specific section of this document
to which each comment applies, and give the reason for each comment.
Please submit all comments and related material in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know they reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Marine Safety Office
Anchorage at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
In light of the terrorist attacks in New York City and Washington,
DC on September 11, 2001, the Coast Guard is proposing to establish
permanent security zones on the navigable waters of Cook Inlet, Alaska
to protect the LNG tankers that frequently traverse these waters, the
Nikiski marine terminals, the community of Nikiski and the maritime
community from potential sabotage or subversive acts and incidents of a
similar nature.
This rulemaking proposes to make permanent the temporary security
zones published on February 13, 2002 in the Federal Register (67 FR
6650) under temporary section 165.T17-006 of Title 33 of the Code of
Federal Regulations (CFR). That rulemaking established temporary
security zones with identical boundaries in the rulemaking proposed
herein. This rulemaking is necessary to provide permanent protection of
the LNG tankers when moored at the Phillips Petroleum LNG Pier and when
transiting Cook Inlet.
Discussion of Proposed Rule
We propose to establish a 1000-yard radius security zone around LNG
tankers while the vessels are moored at the Phillips Petroleum LNG
Pier, Nikiski, Alaska. Our proposed rule would also create a 1000-yard
radius moving security zone around the LNG tankers during their inbound
and outbound transits in Cook Inlet, Alaska; specifically, starting and
ending at the Homer Pilot Station in Cook Inlet, AK. These security
zones prohibit entry into or movement within the specified areas. 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 adds a collection of information requirement in
paragarph 165.1709(b)(1)(ii)(B) for vessels fishing in the vicinity of
the Phillips Petroleum LNG Pier that would penetrate the 1000-yard
security zone when the LNG tankers are moored at the pier. This
collection of information was not required in the temporary final rule
published in the Federal Register (67 FR 6650; February 13, 2002)
because the fishing season does not occur in this area until the summer
months. We require this information from fishing vessels to ensure the
security of the LNG tankers and LNG facility against terrorism,
sabotage or other subversive acts and incidents of a similar nature.
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 minimal and 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
[[Page 20476]]
of fishing vessels fishing in the vicinity of the Phillips Petroleum
LNG Pier during the months of June 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
offload 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 be required to
notify and provide information to the local Coast Guard Marine Safety
Detachment in Kenai before being allowed to fish at the LNG pier. The
Coast Guard will collect current 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. The title and description of the information collection, a
description of those who must collect the information, and an estimate
of the total annual burden follow. The estimate covers the time for
reviewing instructions, searching existing sources of data, gathering
and maintaining the data needed, and completing and reviewing the
collection.
Title: Ports and Waterways Safety.
OMB Control Number: 2115-0540.
Summary of the 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.
Need for Information: To ensure port and vessel safety and security
and to ensure the fishing industry openings are uninterrupted.
Proposed use of Information: This information is required to
control vessel traffic, develop contingency plans, and enforce
regulations.
Description of the Respondents: The respondents are owners,
operators, or persons in charge of fishing vessels operating in the
vicinity of the Phillips Petroleum LNG Pier.
Number of Respondents: The existing OMB-approved collection number
of respondents is 1,329. This proposed rule would increase the number
of respondents by 10 to a total of 1,339.
Frequency of Response: The existing OMB-approved collection annual
number of responses is 1,329. This temporary rule will increase the
number of responses by 10 to a total of 1,339.
Burden of Response: The existing OMB-approved collection burden of
response is 2 and 1/4 hours. This proposed rule would not change the
burden of response because it will take less time for the responders to
complete this response. Their vessels and crew are smaller.
Estimate of Total Annual Burden: The existing OMB-approved
collection total annual burden is 2,924 hours. This proposed rule would
increase the total annual burden by 5 hours to a total of 2,929 hours.
We ask for public comment on the collection of information to help
us determine how useful the information is; whether it can help us
perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. The OMB approval is
valid until November 30, 2003.
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 proposed 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 proposed 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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 proposed 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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''
[[Page 20477]]
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 proposed 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 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 area 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) The Captain of the Port must approve a vessel's request prior
to being allowed into the security zone.
(D) 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 Coast Guard 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 will notify the maritime
community of periods during which these security zones will be in
effect by providing advance notice of scheduled arrivals and departures
of the LNG tankers via a marine Broadcast Notice to Mariners.
Dated: February 27, 2002.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 02-10175 Filed 4-24-02; 8:45 am]
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