[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Rules and Regulations]
[Pages 56216-56218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28005]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska-01-008]
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 effect 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 6:30 a.m. to 10:30 
a.m. each day starting November 9, 2001 through November 14, 2001, and 
then from 5 a.m. to 9:15 a.m. each day starting November 15, 2001 
through November 21, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket COTP Western Alaska-01-008 and are available for 
inspection or copying at Coast Guard Marine Safety Office Anchorage, 
510 ``L'' Street, Suite 100, Anchorage, AK 99501 between 7:30 a.m. to 4 
p.m. Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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 publication in the Federal Register. 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 4 hours of each day for 
13 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 attempt to 
launch an unmanned rocket from their facility at Narrow Cape, Kodiak 
Island, Alaska sometime between 8:24 a.m. and 10:10 a.m. each day from 
November 9, 2001 through November 14, 2001 and between 7:02 a.m. and 
8:54 a.m. each day from November 15, 2001 through November 21, 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 4 hours of each day for 
13 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 4 hours 
each day from November 9, 2001 through November 21, 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 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.26'53" North, 152 deg.22'14" West, then south to a point located 
at 57 deg.24'42" North, 152 deg.23'18" West, then southeast to a point 
located at 57 deg.11'32" North, 152 deg.05'35" West, then northeast to 
a point located at

[[Page 56217]]

57 deg.18'45" North, 151 deg.53'47" West, then west northwest to the 
point located at 57 deg.27'45" North, 152 deg.18'31" West, then back to 
the first point. 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 
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. The 
Office of Management and Budget has not reviewed it 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. Because 
the hazardous condition is expected to last for only approximately 4 
hours of each day for 13 days, and because general permission to enter 
the safety zone will be given during non-hazardous times, the economic 
impact of this rule on commercial traffic should be minimal. In 
addition, before the effective period, we will issue maritime 
advisories widely available to users of the affected portion of the 
Gulf of Alaska. We believe there will be minimal economic impact on 
commercial traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    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.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to 
transit, anchor, or fish in a portion of the Gulf of Alaska off Ugak 
Island and Narrow Cape from 6:30 a.m. to 10:30 a.m. each day starting 
November 9, 2001 through November 14, 2001, and then from 5 a.m. to 
9:15 a.m. each day starting November 15, 2001 through November 21, 
2001. Because the hazardous condition is expected to last for 
approximately 4 hours of each day for 13 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. Before the effective period, we will issue maritime 
advisories widely available to users of the affected portion of the 
Gulf of Alaska. We believe there will be minimal impact to small 
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we 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 calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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 does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct affect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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. This rule is excluded under paragraph 
(34)(g) because it is a safety zone. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

[[Page 56218]]

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 amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 160.5; 49 CFR 1.46.

    2. Add temporary Sec. 165.T17-008 to read as follows:


Sec. 165.T17-008  Alaska Aerospace Development Corporation, Narrow 
Cape, Kodiak Island, AK: Safety Zones.

    (a) Description. This safety zone includes an area 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.26'53" 
North, 152 deg.22'14" West, then south to a point located at 
57 deg.24'42" North, 152 deg.23'18" West, then southeast to a point 
located at 57 deg.11'32" North, 152 deg.05'35" West, then northeast to 
a point located at 57 deg.18'45" North, 151 deg.53'47" West, then west 
northwest to the point located at 57 deg.27'45" North, 152 deg.18'31" 
West, then back to the first point. All coordinates reference Datum: 
NAD 1983.
    (b) Effective dates. This section is effective from 6:30 a.m. to 
10:30 a.m. each day starting November 9, 2001 through November 14, 
2001, and then from 5 a.m. to 9:15 a.m. each day starting November 15, 
2001 through November 21, 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.
    (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 
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. In the vicinity of Narrow Cape, the Captain of the 
Port, Western Alaska's on-scene representative may be contacted at the 
Kodiak Launch Complex via VHF marine channel 16.

    Dated: October 26, 2001.
W. J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 01-28005 Filed 11-6-01; 8:45 am]
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