[Federal Register Volume 67, Number 78 (Tuesday, April 23, 2002)]
[Rules and Regulations]
[Pages 19674-19676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9836]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska-02-005]
RIN 2115-AA97


Safety Zone; Gulf of Alaska, 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 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, the 
Coast Guard Captain of the Port, Western Alaska, or their on-scene 
representative.

DATES: This temporary final rule is effective from 11:30 a.m. April 22, 
2002 through 5:30 p.m. May 15, 2002. The safety zone will be enforced 
each of these days only from 11:30 a.m. to 5:30 p.m.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are available for inspection and copying at Coast Guard 
Marine Safety Office Anchorage, 510 ``L'' Street, Suite 100, Anchorage, 
AK 99501. Normal Office hours are 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 History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Because the hazardous 
condition is expected to last for approximately 4 hours of each day for 
24 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. Any 
delay encountered in this regulation's effective date would be contrary 
to public interest since immediate action is needed to protect human 
life and property from possible fallout from the rocket launch. 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.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The process of scheduling a rocket 
launch is uncertain due to unforeseen delays such as weather that can 
cause cancellation of the launch. The Coast Guard attempts to publish a 
final rule as close to the expected launch date as possible, however, 
these attempts often prove futile due to frequent re-scheduling. 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 advance 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 1:30 p.m. and 5:30 p.m. each day from April 22, 
2002 through May 15, 2002. The safety zone

[[Page 19675]]

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 a 
launch schedule does not pose a hazard to mariners. Because the 
hazardous situation is expected to last for approximately 4 hours of 
each day for 24 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 Rule

    From the latest information received from the Alaska Aerospace 
Development Corporation, the launch window is scheduled for 4 hours 
each day from April 22, 2002 through May 15, 2002. 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.26'41" N, 152 deg.22'23" W, then northeast to a point located at 
57 deg.27'49" N, 152 deg.18'36" W, then east to a point located at 
57 deg.26'37" N, 152 deg.09'20" W, then southeast to a point located at 
57 deg.21'07" N, 151 deg.52'40" W, then south to a point located at 
57 deg.13'25" N, 152 deg.01'18" W, then northwest to a point located at 
57 deg.20'34" N, 152 deg.15'48" W, then northwest to a point located at 
57 deg.24'23" N, 152 deg.22'24" W and 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, Regulatory Planning and Review, 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. Because the 
hazardous condition is expected to last for approximately 4 hours of 
each day for 24 days, and because general permission to enter the 
safety zone will be given during non-hazardous times, the impact of 
this rule on commercial 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 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 significant economic impacts 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 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 11:30 a.m. to 5:30 p.m. each day from April 
22, 2002 through May 15, 2002. Because the hazardous situation, during 
the planned rocket launch hours, is expected to last for approximately 
4 hours of each day for 24 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 this rule 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 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination

[[Page 19676]]

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.

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:

PART 165--[AMENDED]

    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, 160.5; 49 CFR 1.46.

    2. From April 22, 2002, through May 15, 2002, 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.26'41" N, 
152 deg.22'23" W, then northeast to a point located at 57 deg.27'49" N, 
152 deg.18'36" W, then east to a point located at 57 deg.26'37" N, 
152 deg.09'20" W, then southeast to a point located at 57 deg.21'07" N, 
151 deg.52'40" W, then south to a point located at 57 deg.13'25" N, 
152 deg.01'18" W, then northwest to a point located at 57 deg.20'34" N, 
152 deg.15'48" W, then northwest to a point located at 57 deg.24'23" N, 
152 deg.22'24" W and back to the first point. All coordinates reference 
Datum: NAD 1983.
    (b) Enforcement periods. The safety zone in this section will be 
enforced from 11:30 a.m. to 5:30 p.m. each day from April 22, 2002 
through May 15, 2002.
    (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 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 at the Kodiak Launch Complex via 
VHF marine channel 16.

    Dated: April 11, 2002.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 02-9836 Filed 4-22-02; 8:45 am]
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