[Federal Register Volume 66, Number 53 (Monday, March 19, 2001)]
[Rules and Regulations]
[Pages 15350-15352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6740]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska-01-001]
RIN 2115-AA97


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

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, Seventeenth Coast 
Guard District, and 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: This temporary final rule is effective from 11 a.m. on March 23, 
2001, until 8 p.m. on March 30, 2001.

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 Rick Rodriguez, Marine Safety 
Office Anchorage, at (907) 271-6700.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation. Good cause exists for not 
publishing a NPRM and for making this regulation effective in less than 
30 days after Federal Register publication. The parameters of the zone 
will not unduly impair business and transits of vessels. The Coast 
Guard will announce via Broadcast Notice to Mariners the anticipated 
date and time of each 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 5 hours of each day for eight days, 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. Therefore, notice and comment is 
unnecessary. Additionally, the process of scheduling a rocket launch is 
uncertain due to unforeseen delays that can cause cancellation of the 
launch. The Coast Guard attempts to publish a Final Rule, with a 30-day 
window, as close to the expected launch date as possible, when it is 
conveyed to them in time. Any delay encountered in this regulation's 
effective date would be unnecessary and contrary to public interest 
since immediate action is needed to protect human life and property 
from possible fallout from the rocket launch. This safety zone should 
have minimal impact on vessel transits and announcements via Broadcast 
Notice to Mariners will give vessels advanced notice of the launch.

Background and Purpose

    The Alaska Aerospace Development Corporation (AADC) will launch an 
unmanned rocket from their facility at Narrow Cape, Kodiak Island, 
Alaska sometime between 1 p.m. and 6 p.m. each day between March 23, 
2001 and March 30, 2001. The safety zone is necessary to protect 
spectators and transiting vessels from the potential hazards associated 
with the launch.
    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 5 hours of each day for 
eight days, 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 Regulation

    From the latest information received from the Alaska Aerospace 
Development Corporation, the launch window is scheduled for 5 hours 
each day between March 23, 2001 and March 30, 2001. The size of the 
safety zone has been set based upon the trajectory information in order 
to provide a greater safety buffer in the event that the launch is 
aborted shortly after take-off. The proposed 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(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

[[Page 15351]]

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 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.

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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this 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 
fields, and governmental jurisdictions with populations less than 
50,000. Because the hazardous condition is expected to last for 
approximately five hours of each day for eight days, 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. Sec. 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 (Public Law 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.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal Regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided that funds to 
pay those costs. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not economically significant and does not cause an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Consultation and Coordination With Indian Tribal Governments

    This proposed rule will not have tribal implications; will not 
impose substantial direct compliance costs on Indian tribal 
governments; and will not preempt tribal law. Therefore, it is exempt 
from the consultation requirements of Executive Order 13175. If tribal 
implications are identified during the comment period we will undertake 
appropriate consultations.

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, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:
    1. The authority citation for Part 165 continue 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.T17-012 to read as follows:


Sec. 165.T17-012  Alaska Aerospace Development Corporation, Narrow 
Cape, Kodiak Island, AK: 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' 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.
    (b) Effective Dates. This regulation is effective at 11 a.m. on 
March 23, 2001, and terminates at 8 p.m. on March 30, 2001.
    (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

[[Page 15352]]

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: February 22, 2001.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 01-6740 Filed 3-16-01; 8:45 am]
BILLING CODE 4910-15-U