[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Rules and Regulations]
[Pages 49394-49395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23714]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska-99-012]
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 is establishing 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, Seventeen Coast Guard 
District, the Coast Guard Captain of the Port, Western Alaska, or his 
on scene representative. The safety zone will ensure the safety of 
human life and property during the rocket launch.

DATES: This temporary final rule is effective from 6 a.m. on September 
11, 1999, until 10 p.m. on November 15, 1999.

ADDRESSES: The public docket for this rulemaking is maintained by Coast 
Guard Marine Safety Office Anchorage, 510 ``L'' Street, Suite 100, 
Anchorage, AK 99501. Materials in the public docket are available for 
inspection and copying at Coast Guard Marine Safety Office Anchorage. 
Normal Office hours are 7:30 a.m. to 4 p.m., Monday through Friday, 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Byron Black, Marine Safety Office 
Anchorage, at (907) 271-6700.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On July 21, 1999, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Safety Zone; Gulf of Alaska, southeast of 
Narrow Cape in the Federal Register (64 FR 39108). The Coast Guard 
received no letters commenting on the proposed rulemaking. No public 
hearing was requested, and none was held.

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 sometime between 
September 11, 1999, and November 15, 1999. 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 something between 
September 11, 1999, and November 15, 1999. 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 Comments and Changes

    No comments were received relating to the NPRM. Due to the latest 
information received from the Alaska

[[Page 49395]]

Aerospace Development Corporation, the launch window was moved forward 
four days from September 15, 1999, to a new start date of September 11, 
1999. Based upon the trajectory information received after the NPRM was 
published, the size of the safety zone has been expanded to provide a 
greater safety buffer in the event that the launch is aborted shortly 
after take-off. The safety zone includes an area approximately 133 
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 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.22.0' North, 151 deg.52.5' West, 
thence southwest to a point located at 57 deg.15.0' North, 
152 deg.00.0' West, and 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 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 becomes effective at 6 a.m. 
on September 11, 1999, and terminates at 10 p.m. on November 15, 1999.

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 
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 this 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 fields, 
and governmental jurisdictions with populations less than 50,000. 
Because the hazardous condition is expected to last for approximately 
four 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 should be minimal. The 
Coast Guard believes there will be minimal impact to small entities. 
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
offered to assist small entities in understanding the rule so that they 
could better evaluate its effects on them and participate in the 
rulemaking process. No comments or requests for assistance were 
received by the point of contact listed in the NPRM.

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. The justification for this categorical 
exclusion is that this rule is to establish a navigation safety zone. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection or copying where indicated under ADDRESSES.

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.T17-012 to read as follows:


Sec. 165.T17-012  Alaska Aerospace Development Corporation, Narrow 
Cape, Kodiak Island safety zones.

    (a) Description. This safety zone includes an area approximately 
133 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. 30.5' North, 152 deg. 23.5' West, 
thence southeast to a point located at 57 deg. 22.0' North, 151 deg. 
52.5' West, thence southwest to a point located at 57 deg. 15.0' West, 
and 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 reference 
Datum: NAD 1983.
    (b) Effective dates: This section is effective from 6 a.m. on 
September 11, 1999, to 10 p.m. on November 15, 1999.
    (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) 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, part 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: August 30, 1999.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 99-23714 Filed 9-10-99; 8:45 am]
BILLING CODE 4910-15-M