[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Rules and Regulations]
[Pages 23217-23218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11225]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05-98-008]
RIN 2115-AA97


Safety Zone; Atlanta Ocean, Vicinity of Cape Henlopen State Park, 
DE

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a safety zone in the Atlantic 
Ocean near Cape Henlopen State Park, Delaware. The safety zone is 
necessary to protect spectators and other vessels from the potential 
hazards associated with the Super Loki Rocket Launch from Cape Henlopen 
State Park.

DATES: This rule is effective May 9 and May 10, 1998.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Ward, Project 
Manager, Waterways and Waterfront Facilities Branch, at (215) 271-4888.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking (NPRM) was not published for this regulation and 
good cause exists for making it effective in less than 30 days after 
Federal Register publication. Publishing a NPRM and delaying its 
effective date would be contrary to the public's interest because 
immediate action is needed to protect vessel traffic from the potential 
hazards associated with the splashdown of the motor from a Super Loki 
Meteorological Rocket.

    Drafting Information: The principal persons involved in drafting 
this document are S. L. Phillips, Project Manager, Operations Division, 
Auxiliary Section, Fifth Coast Guard District and LTJG P. Markland, 
Project Counsel, Maintenance and Logistics Command Atlantic, Legal 
Division.

Background and Purpose

    The Delaware Aerospace Education Foundation is launching a Super 
Loki Meteorological Rocket from Cape Henlopen State Park for the 
purpose of collecting meteorological data. The rocket payload will 
splash down in the Atlantic Ocean approximately 22 nautical miles 
southeast of the launch point. The rocket motor is expected to splash 
down within 2 nautical miles of the launch point. This safety zone is 
necessary to protect spectators and transiting vessels from the 
potential hazards associated with the launch of the Super Loki 
Meteorological Rocket and the subsequent splashdown of the rocket 
motor.

Discussion of the Regulation

    This safety zone includes an 8 square mile section of the Atlantic 
Ocean adjacent to the launch site at Cape Henlopen State Park in 
Delaware. Specifically, the safety zone includes the waters of the 
Atlantic Ocean that are within the area bounded by a line drawn north 
from the tip of Cape Henlopen located at latitude 38 deg.48.2' North, 
longitude 75 deg.05.5' West, to a point located at latitude 
38 deg.49.4' North, longitude 75 deg.05.5' West; then east to a point 
located at latitude 38 deg.49.4' North, longitude 75 deg.01.0' West; 
then south to a

[[Page 23218]]

point located at latitude 38 deg.43.0' North, longitude 75 deg.01.0' 
West; then west to a point on the shoreline located at latitude 
38 deg.43.0' North, longitude 75 deg.04.5' West.
    This safety zone is necessary to protect spectators and transiting 
vessels from the potential hazards associated with the launch of the 
Super Loki Meteorological Rocket and subsequent splashdown of the 
rocket motor. The safety zone is effective on May 9 and May 10, 1998 
and will be enforced on those days until the Coast Guard is satisfied 
that the spent rocket no longer poses a hazard to mariners. The Coast 
Guard will announce via Broadcast Notice to Mariners the anticipated 
time of the launch. Vessels are prohibited from transiting through the 
safety zone without first obtaining permission from the Captain of the 
Port, Philadelphia.

Regulatory Evaluation

    This temporary rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget 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). The Coast Guard expects the 
economic impact of this temporary rule to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary. Because the regulated area is 
limited to 8 square miles and will only be enforced while the rocket's 
spent motor poses a hazard, the impact on routine navigation is 
expected to be minimal.

Collection of Information

    This temporary rule contains no Collection of Information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this temporary rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this action does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
temporary rule and concluded that, under section 2.b.2.b and item 
(34)(g) of Figure 2-1 of Commandant Instruction M16475.1C dated 14 
November 1997, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons set out in the preamble, 33 CFR part 165 is amended 
as follows:

PART 165--[AMENDED]

    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, and 160.5; 49 CFR 1.46.

    2. Section 165.T05.008 is added to read as follows:


Sec. 165.T05.008  Safety Zone: Atlantic Ocean, Vicinity of Cape 
Henlopen State Park, Delaware.

    (a) Location. The following area is a safety zone: All the waters 
of the Atlantic Ocean that are within the area bounded by a line drawn 
north from the tip of Cape Henlopen located at latitude 38 deg.48.2' 
North, longitude 75 deg.05.5' West, to a point located at latitude 
38 deg.49.4' North, longitude 75 deg.05.5' West; thence east to a point 
located at latitude 38 deg.49.4' North, longitude 75 deg.01.0' West; 
thence south to a point located at latitude 38 deg.43.0' North, 
longitude 75 deg.01.0' West; thence west to a point on the shoreline 
located at latitude 38 deg.43.0' North, longitude 75 deg.04.5' West. 
All coordinates reference Datum: NAD 1983.
    (b) Effective Dates. This section is effective May 9 and May 10, 
1998.
    (c) General Information.
    (1) The Captain of the Port and the Duty Officer at the Marine 
Safety Office, Philadelphia, Pennsylvania, can be contacted at 
telephone number (215) 271-4940 and on VHF channels 13 and 16.
    (2) The Captain of the Port may authorize and designate any Coast 
Guard commissioned, warrant, or petty officer to act on his behalf in 
enforcing this safety zone.
    (d) Regulation. The general regulations governing safety zones 
contained in Sec. 165.23 apply. Vessels may not transit the safety zone 
without first obtaining permission from the Captain of the Port.

    Dated: April 3, 1998.
John E. Veentjer,
Captain, U.S. Coast Guard, Captain of the Port, Philadelphia, PA.
[FR Doc. 98-11225 Filed 4-27-98; 8:45 am]
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