14327 Federal Register

/ Vol. 68, No. 57 / Tuesday, March 25, 2003 / Rules and Regulationsrequired by 33 CFR 165.1709(b)(1)(ii) aspublished on July 1, 2002. This finalrule is effective April 24, 2003.ADDRESSES: Comments and materialreceived from the public, as well asdocuments indicated in this preamble asbeing available in the docket, are part ofdocket (COTP Western Alaska 02-001)and are available for inspection orcopying at Coast Guard Marine SafetyOffice Anchorage, AK between 7:30 a.m.and 4 p.m., Monday through Friday,except Federal holidays.FOR FURTHER INFORMATION CONTACT:Lieutenant Mark McManus, USCGMarine Safety Detachment Kenai, at(907) 283-3292 or LieutenantCommander Chris Woodley, USCGMarine Safety Office Anchorage, at (907)271-6700.SUPPLEMENTARY INFORMATION:

Regulatory Information

On July 1, 2002 we published aninterim rule with requests for commentsentitled ''Security Zone, LiquefiedNatural Gas Tankers, Cook Inlet, AK'' inthe Federal Register (67 FR 44057). Wereceived no comments. No publichearing was requested, and none washeld.

Background and Purpose

In its July 2002 interim rule, the CoastGuard established 1000-yard securityzones around LNG tankers to safeguardthe tankers, Nikiski marine terminals,the community of Nikiski, and themaritime community from sabotage orsubversive acts and incidents of asimilar nature. Paragraph 33 CFR165.1709(b)(1)(ii) of that interim rulewas not made effective because theOffice of Management and Budget hadnot yet approved the collection ofinformation called for by that paragraph.On September 4, 2002, OMB approvedthe collection of information. We aretherefore adopting the interim rule asfinal and making paragraph 33 CFR165.1709(b)(1)(ii) effective.You can find more detailedbackground information in the preambleof the interim rule (67 FR 44057) underSUPPLEMENTARY INFORMATION.

Regulatory Evaluation

This rule is not a ''significantregulatory action'' under section 3(f) ofExecutive Order 12886, RegulatoryPlanning and Review, and does notrequire an assessment of potential costsand benefits under section 6(a)(3) of thatOrder. The Office of Management andBudget has not reviewed it under thatOrder. It is not ''significant'' under theregulatory policies and procedures ofthe Department of Homeland Security(DHS). We expect the economic impactof this rule to be so minimal that a fullRegulatory Evaluation under theregulatory policies and procedures ofDHS is unnecessary. This finding isbased on the minimal time that vesselswill be restricted from the zone, thatvessels may still transit through thewaters of Cook Inlet and dock at otherNikiski marine terminals.

Small Entities

Under the Regulatory Flexibility Act(5 U.S.C. 601-612), we have consideredwhether this rule would have asignificant economic impact on asubstantial number of small entities.The term ''small entities'' comprisessmall businesses, not-for-profitorganizations that are independentlyowned and operated and are notdominant in their fields, andgovernmental jurisdictions withpopulations of less than 50,000.The Coast Guard certifies under 5U.S.C. 605(b) that this rule will not havea significant economic impact on asubstantial number of small entities.This rule will affect the followingentities, some of which may be smallentities: The owners or operators ofvessels intending to transit or anchor inthe vicinity of the Phillips PetroleumLNG Pier during the time this zone isactivated; and the owners or operatorsof fishing vessels operating their nets inthe vicinity of the Phillips PetroleumLNG Pier during the months of Julythrough August.These security zones will not have asignificant economic impact on asubstantial number of small entities forthe following reasons. Marine trafficwill still be able to transit through CookInlet during the zones' activation.Additionally, vessels with cargo to loador unload from other Nikiski marineterminals in the vicinity of the zone willnot be precluded from mooring at orgetting underway from the terminals.The owners of fishing vessels thattypically fish in the vicinity of the LNGpier during the summer months will notbe prohibited from operating if theynotify and provide information to theCoast Guard Marine Safety Detachmentin Kenai before fishing in the securityzone. The Coast Guard will collectinformation from them that is essentialto keeping the pier secure from sabotageor subversive activities.

Collection of InformationThe Captain of the Port, WesternAlaska requires information on fishingvessel owners and operators, and theirvessels and crew, desiring to fish in thesecurity zone around the PhillipsPetroleum LNG Pier. This information isrequired to ensure port and vessel safetyand security, to ensure uninterruptedfishing industry openings, to controlvessel traffic, develop contingencyplans, and enforce regulations. Thiscollection of information is controlledby the Office of Management andBudget (OMB) under OMB control no.1625-0043 (Formerly 2115-0540).Recently, security zones wereestablished for LNG tankers in CookInlet, AK through an interim rulepublished in the Federal Register onJuly 1, 2002 (67 FR 44057). A copy isavailable in the docket [COTP WesternAlaska 02-001] under ADDRESSES orelectronically through a Web site athttp://www.archives.gov/federal_register/.It became effective on July 6, 2002,with the exception of one paragraph, 33CFR 165.1709(b)(1)(ii), which containscollection of information requirements.This rule modified an existingcollection of information under thePaperwork Reduction Act of 1995 (44U.S.C. 3501-3520).As required by 44 U.S.C. 3507(d), wesubmitted a copy of the interim rule(which we have adopted as the finalrule without change) to the Office ofManagement and Budget (OMB) for itsreview of the collection of information.On September 4, 2002, after reviewingthe rule and the overall collection ofinformation burden under OMB ControlNumber 1625-0043 (Formerly 2115-0540), OMB approved the collection ofinformation required under this rule.The section number is 33 CFR 165.1709,and the corresponding approval numberfrom OMB is OMB Control Number1625-0043, which expires on September30, 2005.