[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Proposed Rules]
[Pages 6006-6008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2973]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD 05-98-043]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Delaware Aerospace Education Foundation plans to launch a 
Super Loki Meteorological Rocket from Cape Henlopen State Park on the 
second Saturday of May each year. The Coast Guard proposes to establish 
a Safety Zone in the Atlantic Ocean near Cape Henlopen State Park, 
Delaware to protect spectators and vessels from the potential hazards 
associated with this launch.

DATES: Comments must be received on or before March 25, 1999.

ADDRESSES: Comments may be mailed to Commanding Officer, USCG MSO/Group 
Office, 1 Washington Avenue, Philadelphia, Pennsylvania 19147-4395, 
Attention: Chief Petty Officer Ward, or hand-delivered to the same 
address between 8 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (215) 271-4888. Comments will 
become part of this docket and will be available for inspection and 
copying at the above address.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Fallacy or Chief Petty Officer Ward, Project 
Managers, Waterways and Waterfront Facilities Branch, at (215) 271-
4888.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, data, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 05-98-043) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to the address listed under ADDRESSES. The request 
should include the reasons why a hearing would be beneficial. If it 
determines that the opportunity for oral presentations will aid this 
rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    The Delaware Aerospace Education Foundation plans to launch a Super 
Loki Meteorological Rocket from Cape Henlopen State Park each year on 
the second Saturday in May for the purpose of collecting meteorological 
data. If the Saturday launch is canceled due to inclement weather, it 
will be scheduled

[[Page 6007]]

for the next day. The rocket motor is expected to splash down within 2 
nautical miles of the launch point. This proposed safety zone is 
necessary to protect spectators and transiting vessels from the 
potential hazards associated with the launch and the subsequent 
splashdown of the rocket motor.
    Although the exact launch time is subject to change due to weather, 
the entire launch/splashdown process is expected to occur between 2 
p.m. and 4:30 p.m. The Coast Guard will announce via Broadcast Notice 
to Mariners the anticipated day (either Saturday or Sunday) and time of 
the launch and will grant general permission to enter the safety zone 
during those times in which the launch and spent rocket motor do not 
pose a hazard to mariners. Because the hazardous condition is expected 
to last for only 2\1/2\ 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 rocket payload, assisted by parachute, is expected to splash 
down in the Atlantic Ocean approximately 22 nautical miles southeast of 
the launch point, which is an area outside of the proposed safety zone. 
The Coast Guard advises all marine traffic to exercise caution when 
transiting that area during launch times.

Discussion of Proposed Rule

    The proposed safety zone would include an 8 square mile section of 
the Atlantic Ocean adjacent to the launch site at Cape Henlopen State 
Park in Delaware. Specifically, the proposed safety zone would include 
the waters of the Atlantic Ocean that are within the area bounded by a 
line drawn north from the tip of Cape Henlopen located 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.01.4' 
West; then south to a point located at latitude 38 deg.43.0' North, 
longitude 75 deg.01.4' West; then west to a point on the shoreline 
located at latitude 38 deg.43.0' North, longitude 75 deg.04.5' West.
    The proposed 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 
spashdown of the rocket motor. The safety zone would be in effect on 
the second Saturday in May and the following day. Vessels would be 
prohibited from transiting through the safety zone without first 
obtaining permission from the Captain of the Port of Philadelphia. The 
Captain of the Port would announce via Broadcast Notice to Mariners the 
anticipated day and time of the launch and grant general permission to 
enter the safety zone during all non-hazardous times.

Regulatory Evaluation

    This proposal 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 regulated area would be limited to 8 square 
miles and permission to enter the area would be denied only during the 
2\1/2\ hours in which the rocket launch poses a hazard. Therefore, the 
Coast Guard expects the economic impact of this proposal to be so 
minimal that a full Regulatory Evaluation under paragraph 10e is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
Entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). The proposed regulated area would be limited to 8 
square miles and permission to enter it would be withheld for about 
2\1/2\ hours each year. Because it expects the impact of this proposal 
to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b), that 
this proposal, if adopted, will not have a significant economic impact 
on a substantial number of small entities.

Collection of Information

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

Federalism

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

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under figure 2-1, paragraph (34)(g), of 
COMDTINST M16475.1C, this proposal is categorically excluded from 
further environmental documentation. A Categorical Exclusion 
Determination statement has been prepared and placed in the rulemaking 
docket.

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, the Coast Guard proposes 
to amend 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), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new Section 165.535 is added to read as follows:


Sec. 165.535  Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen 
State Park, Delaware.

    (a) Location. The following area is a safety zone: All 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.01.4' 
West; thence south to a point located at latitude 38 deg.43.0' North, 
longitude 75 deg.01.4' 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) Regulation. The general regulations governing safety zones 
contained in Sec. 165.23 apply. Vessels may not enter the safety zone 
without first obtaining permission from the Captain of the Port (COTP) 
Philadelphia.
    (c) Effective Dates. This rule is effective annually on the second 
Saturday in May and the following day.
    (d) General Information.
    (1) Those times during which hazardous conditions exist inside the 
safety zone will be announced via Broadcast Notice to Mariners. General 
permission to enter the safety zone will be broadcast during non-
hazardous times.

[[Page 6008]]

    (2) The COTP Philadelphia 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.
    (3) The COTP Philadelphia may authorize and designate any Coast 
Guard commissioned, warrant, or petty officer to act on his behalf in 
enforcing this safety zone.

    Dated: January 25, 1999.
T.E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 99-2973 Filed 2-5-99; 8:45 am]
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