[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45949-45950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23221]


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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, Alaska

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has established 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 affect of the safety zone is to ensure 
the safety of human life and property during the rocket launch.

DATES: The safety zone becomes effective at 6 a.m. October 6, 1998, and 
terminates at 10 p.m. October 20, 1998, Alaska local time.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection and copying at the following address: 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 Chief of Port Operations, Coast Guard Captain of 
the Port Western Alaska, 510 L Street, Suite 100, Anchorage, Alaska, 
99501, (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 October 
6, 1998 and October 20, 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.

Discussion of the Regulation

    The safety zone will include 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 at 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 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. 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 safety zone will become 
effective at 6 a.m. September 26, 1998, and terminates at 10 p.m. 
October 8, 1998, Alaska local time.

[[Page 45950]]

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.

Publication History

    A Notice of Proposed Rulemaking regarding this Temporary Final Rule 
was published at 63 FR 31681, June 10, 1998. The Notice of Proposed 
Rulemaking provided a thirty (30) day comment period rather than the 
usual ninety (90) day comment period. The justification for the 
shortened comment period can be found at 63 FR 31681, June 10, 1998.
    Since the publication of the Notice of Proposed Rulemaking at 63 FR 
31681, June 10, 1998, the safety zone dates for the rocket launch at 
Kodiak Island has changed from 6 a.m. September 1, 1998, through 10 
p.m. September 10, 1998, to 6 a.m. September 26, 1998, through 10 p.m. 
October 8, 1998. The change has occurred as a result of logistical 
delays in obtaining hardware for the launch payload.
    One comment was received during the comment period. The comment 
concerned the time length of the safety zone indicated in the Notice of 
Proposed Rulemaking. The concern was that the safety zone, as 
scheduled, would interfere with a commercial fishing groundfish opening 
in the Gulf of Alaska. However, since the safety zone has been 
rescheduled for October, the groundfish opening will not be affected.

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 continues to read 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 zone.

    (a) Regulated Area. A safety zone is established in 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 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.
    (b) Effective Dates. This Section becomes effective at 6 a.m. 
October 6, 1998, and terminates at 10 p.m. October 20, 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 
Title 33 Code of Federal Regulations, Sec. 165.23 apply. No person or 
vessel may enter or remain in this safety zone, 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 marine VHF channel 16.

    Dated: July 28, 1998.
W.J. Hutmacher,
Captain, U.S. Coast Guard Captain of the Port, Western Alaska.
[FR Doc. 98-23221 Filed 8-27-98; 8:45 am]
BILLING CODE 4910-15-M