[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Proposed Rules]
[Pages 39108-39109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18496]



[[Page 39108]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 99-002]
RIN 2115-AA97


Safety Zone; Gulf of Alaska, southeast of Narrow Cape, Kodiak 
Island, AK

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

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 would be 
prohibited unless specifically authorized by 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 August 20, 1996. The 
proposed safety zone would become effective at 6 a.m. on September 15, 
1999, and terminate at 10 p.m. on November 15, 1999.

ADDRESSES: Address all comments concerning this proposed rule to LCDR 
Byron Black, Planning Officer, Coast Guard Captain of the Port Western 
Alaska, 510 L Street, Suite 100, Anchorage, Alaska 99501.

FOR FURTHER INFORMATION CONTACT: LCDR Byron Black at (907) 271-6723.

SUPPLEMENTARY INFORMATION: .

Background and Purpose

    The Alaska Aerospace Development Corporation (AADC), in conjunction 
with the United States Air Force, will launch an unmanned rocket from 
their facility at Narrow Cape, Kodiak Island Alaska, some time between 
September 15, 1999, and November 15, 1999. The safety zone would be 
necessary to protect spectators and transiting vessels from the 
potential hazards associated with the launch.
    The launch is scheduled to take place sometime between September 
15, 1999, and November 15, 1999. The Coast Guard would announce by 
Broadcast Notice to Mariners the anticipated date and time of the 
launch and would grant general permission to enter the safety zone 
during those times in which the launch did not pose a hazard to 
mariners. Because the hazardous condition should last for about 4 hours 
of one day, and because general permission to enter the safety zone 
would be given during non-hazardous times, the impact of this rule on 
commercial and recreation traffic would be minimal.

Discussion of the Regulation

    The proposed safety zone would encompass an area of about 72 square 
nautical miles in the Gulf of Alaska, southeast of Narrow Cape, Kodiak 
Island, Alaska. Specifically the proposed zone would encompass the 
waters of the Gulf of Alaska within the area bounded by a line drawn 
from a point located at 57 deg.30.5' North, 152 deg.23.5', West, thence 
southeast to a point located at 57 deg.21.0' North, 151 deg.53.0' West 
these southwest to a point located at 57 deg.15.5' North, 151 deg.58.5' 
West, thence northwest to a point located at 57 deg.25.0' North, 
152 deg.29.5' West, and thence northeast to the point located at 
57 deg.30.5' North, 152 deg.23.5' West. All coordinates refer to Datum: 
NAD 1983.
    This proposed 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 would become 
effective at 6 a.m. on September 15, 1999, and terminate at 10 p.m. on 
November 15, 1999.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
subsection 3(f) of Executive Order 12866 and does not require an 
assessment of potential cost and benefits under paragraph 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 rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10(e) of the regulatory policies and procedures of DOT 
is unnecessary

Small Entities

    Under the Regulatory Flexibility Act [5 U.S.C., 601 et seq.], the 
Coast Guard considers whether the proposed rule would have significant 
economic impacts on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
field, an governmental jurisdiction with populations less than 50,000. 
Because the hazardous condition should last for around four hours of 
one day, and because general permission to enter the safety zone would 
be given during non-hazardous times, the impact of this rule on 
commercial and recreational traffic should be minimal. The Coast Guard 
believes there would be minimal impact on small entities. Therefore, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this rule would 
not have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This proposed rule contains no information-collection requirements 
under the Paperwork Reduction Act [44 U.S.C. 3501 et seq.].
    The Coast Guard has analyzed this proposed 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 
proposed 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 
recordkeeping requirements, Security measures, Vessels, 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. Add temporary Sec. 165.T17-002 to read as follows:


Sec. 165.T17-002   Alaska Aerospace Development Corporation, Narrow 
Cape, Kodiak Island: safety zones.

    (a) Description. This safety zone encompasses an area of about 72 
square nautical miles in the Gulf of Alaska, southeast of Narrow Cape, 
Kodiak Island, Alaska. Specifically, it encompasse the waters of the 
Gulf of Alaska within the area bounded by a

[[Page 39109]]

line drawn from a point located at 57 deg.30.5' North, 152 deg.23.5' 
West, thence southeast to a point located at 57 deg.21.0' North, 
151 deg.53.0' West thence southwest to a point located at 57 deg.15.5' 
North, 151 deg.58.5' West, thence notherwest to a point located at 
57 deg.25.0' North, 152 deg.29.5' West, and thence northeast to the 
point located at 57 deg.30.5' North, 152 deg.23.5' West. All 
coordinates refer to Datum: NAD 1983.
    (b) Effective dates. This section becomes effective at 6 a.m. on 
September 15, 1999, and terminates at 10 p.m. on November 15, 1999.
    (c) Regulations. (1) The Captain of the Port Western Alaska, and 
the Duty Officer at Marine Safety Office, Anchorage, Alaska are 
available 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 this behalf in 
enforcing the safety zone.
    (3) The general regulations governing safety zones contained in 33 
CFR Sec. 165.23 of this part 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 is available onboard the U.S. Coast Guard 
cutter in the vicinity of Narrow Cape on VHF marine channel 16.

    Dated: June 2, 1999.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 99-18496 Filed 7-20-99 8:45 am]
BILLING CODE 4910-15-M