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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: July 1, 2002 (Volume 67, Number 126)]
[Rules and Regulations]
[Page 44057-44059]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-11]
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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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