[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Proposed Rules]
[Pages 31681-31682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15423]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Western Alaska-98-003]
RIN 2115-AA97
Safety Zone; Gulf of Alaska, Southeast of Narrow Cape, Kodiak
Island, AK
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
in the Gulf of Alaska, southeast of Narrow Cape, Kodiak Island, Alaska.
The zone is needed to protect the safety of persons and vessels
operating in the vicinity of the safety zone during a rocket launch
from the Alaska Aerospace Development Corporation, Narrow Cape, Kodiak
Island facility. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Commander, Seventeenth
Coast Guard District, the Coast Guard Captain of the Port, Western
Alaska, or his on scene representative. The intended affect of the
proposed safety zone is to ensure the safety of human life and property
during the rocket launch.
DATES: Comments must be received on or before July 10, 1998. The
proposed safety zone is intended to become effective at 6 a.m. on
September 1, 1998, and terminate at 10 p.m. on September 10, 1998.
ADDRESSES: Address all comments concerning this proposal rule to LCDR
Rick Rodriguez, Chief of Port Operations, Coast Guard Captain of the
Port Western Alaska, 510 L Street, Suite 100, Anchorage, Alaska, 99501.
FOR FURTHER INFORMATION CONTACT: LCDR Rick Rodriguez at (907) 271-6700.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The Alaska Aerospace Development Corporation (AADC), in conjunction
with the United States Air Force, will be launching unmanned rockets
from their facility at Narrow Cape, Kodiak Island, Alaska beginning in
September 1998. The safety zone is necessary to protect spectators and
transiting vessels from the potential hazards associated with the
launch.
The launch time is scheduled to take place sometime between
September 1, 1998 and September 10, 1998. The Coast Guard will announce
via Broadcast Notice to Mariners the anticipated date and time of the
launch and will grant general permission to enter the safety zone
during those times in which the launch does not pose a hazard to
mariners. Because the hazardous condition is expected to last for
approximately 4 hours of one day, and because general permission to
enter the safety zone will be given during non-hazardous times, the
impact of this rule on commercial and recreational traffic is expected
to be minimal.
The Coast Guard only recently became aware of the shape and extent
of a potential debris path in the unlikely event that a launch is
aborted. This information was needed to determine the size and shape of
the safety zone protect people and vessels in the vicinity of the
launch. Publication of a notice of proposed rulemaking within the usual
ninety (90) day comment period is impracticable. A thirty (30) day
comment period comment is justified to ensure that a safety zone is in
place to protect the safety of human life and property in the
trajectory path. The thirty (30) day comment period is also justified
because vessel traffic is usually sparse within the safety zone and few
comments are expected.
Discussion of the Regulation
The proposed safety zone would include an area approximately 57
square nautical miles in the Gulf of Alaska, southeast of Narrow cape,
Kodiak Island, Alaska. Specifically, the proposed zone includes the
waters of the Gulf of Alaska that are within the area bounded by a line
drawn from a point located at 57 deg.29.7' North, 152 deg.18.9' West,
thence southeast to a point located by 57 deg.22.3' North,
152 deg.07.7' West, thence southwest to a point located at 57 deg.18.5'
North, 152 deg.16.3' West, and thence northwest to a point located at
57 deg.26.0' North, 152 deg.27.7' West, and thence northeast to the
point located at 57 deg.29.7' North, 152 deg.18.9' West. All
coordinates reference Datum: NAD 1983.
[[Page 31682]]
This safety zone is necessary to protect spectators and transiting
vessels from the potential hazards associated with the launch of the
Alaskan Aerospace rocket. The proposed safety zone is intended to
becomes effective at 6 a.m. on September 1, 1998, and terminate at 10
p.m. on September 10, 1998.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential cost and benefits under section 6(a)(3) of that order. It has
not been reviewed 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under Figure 2-1, paragraph 34(g) of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water). Reporting and record
keeping requirements, Security measures, Vessels, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--AMENDED
1. The authority citation for part 165 reads as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.401-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T17-003 to read as follows:
Sec. 165.T17-003 Alaska Aerospace Development Corporation, Narrow
Cape, Kodiak Island safety zones.
(a) Description. This safety zone includes an area approximately 57
square nautical miles in the Gulf of Alaska, southeast of Narrow Cape,
Kodiak Island, Alaska. Specifically, the zone includes the waters of
the Gulf of Alaska that are within the area bounded by a line drawn
from a point located 57 deg.29.7' North, 152 deg.18.9' West, thence
southeast to a point located at 57 deg.22.3' North, 152 deg.07.7' West,
thence southwest to a point located at 57 deg.18.5' North,
152 deg.16.3' West, and then northwest to a point located at
57 deg.26.0' North, 152 deg.27.7' West, and thence northeast to the
point located at 57 deg.29.7' North, 152 deg.18.9' West. All
coordinates reference Datum: NAD 1983.
(b) Effective Dates. This proposed regulation would become
effective at 6 a.m. on September 1, 1998, and terminates at 10 p.m. on
September 10, 1998.
(c) Regulations. (1) The Captain of the Port and the Duty Officer
at Marine Safety Office, Anchorage, Alaska can be contacted at
telephone number (907) 271-6700 or on VHF marine channel 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 the safety zone.
(3) The general regulations governing safety zones contained in
Sec. 165.23 apply. No person or vessel may enter or remain in this
safety zone, with the exception of attending vessels, without first
obtaining permission from the Captain of the Port, or his on scene
representative. The Captain of the Port, Western Alaska, or his on
scene representative may be contacted onboard the U.S. Coast Guard
cutter in the vicinity of Narrow Cape via VHF marine channel 16.
Dated: June 1, 1998.
E.P. Thompson,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 98-15423 Filed 6-9-98; 8:45 am]
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