[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Rules and Regulations]
[Pages 76413-76415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27821]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Western Alaska-04-001]
RIN 1625-AA00


Safety Zones; Gulf of Alaska, Narrow Cape, Kodiak Island, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones in 
the Gulf of Alaska, in the proximity of Narrow Cape, Kodiak Island, 
Alaska. These zones are needed to protect persons and vessels operating 
in the vicinity of the safety zones during a rocket launch from the 
Alaska Aerospace Development Corporation, Narrow Cape, Kodiak Island 
facility. Entry of vessels or persons into these zones 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 1 p.m. on December 
8, 2004 through 6:30 p.m. on January 31, 2005.

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: LT Meredith Gillman, 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)(8), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Because general permission to 
enter the safety zones 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 because immediate action is 
needed to protect human life and property from possible fallout from 
the rocket launch. The parameters of the zones 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 zones 
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 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 zones 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 zones during those times in which the 
launch does not pose a hazard to mariners.

Background and Purpose

    The Alaska Aerospace Development Corporation will launch an 
unmanned rocket from their facility at Narrow Cape, Kodiak Island, 
Alaska between 5 p.m. and 1 a.m. each day between December 8, 2004 and 
January 31, 2005 until rocket launch operations are complete. The 
safety zones are 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 zones during those times in which a 
launch schedule does not pose a hazard to mariners. 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 8 hours 
each day between December 8, 2004 and January 31, 2004. The sizes of 
the safety zones have 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 Pacific Range Support Team has 
identified a launch area exclusion zone at Narrow Cape and southwest 
along the launch trajectory. The COTP will enforce two safety zones in 
support of this exclusion zone. The first established safety zone 
includes the waters of the Gulf of Alaska and adjacent coastal areas 
within the boundaries defined by a line drawn from a point located at 
57[deg]27.50' N, 152[deg]25.00' W, then southeast to a point located at 
57[deg]22.75' N, 152[deg]15.00' W, then southwest to a point located at 
57[deg]11.00' N, 152[deg]36.00' W, and then northwest to a point 
located at 57[deg]15.75' N, 152[deg]46.5' W, and then northeast to the 
point located at 57[deg]27.50' N, 152[deg]25.00' W. The second 
established safety zone includes the waters adjacent to Narrow Cape 
within the boundaries defined by a circle centered at 57[deg]26.1' N, 
152[deg]20.49' W, with a radius of 5 nautical miles. All coordinates 
reference Datum: NAD 1983.
    These safety zones are necessary to protect spectators and 
transiting vessels from the potential hazards associated with the 
rocket 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 zones 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. 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 Homeland 
Security (DHS). 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 DHS is unnecessary. 
Because the hazardous condition is expected to last for approximately 8 
hours each day, and because general permission to enter the safety 
zones 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.

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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 Narrow 
Cape from 1 p.m. to 1 a.m. each day from December 8, 2004 until January 
31, 2005 until rocket launch operations are complete. Because the 
hazardous situation, during the planned rocket launch hours, is 
expected to last for approximately 8 hours each day, and because 
general permission to enter the safety zones 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.

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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation because it is a safety zone.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 165 as follows:
0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From December 8, 2004 to January 31, 2005, 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. The following are safety zones:
    (i) An area in the Gulf of Alaska, in the proximity of Narrow Cape, 
Kodiak Island, Alaska, including the waters of the Gulf of Alaska that 
are within the area defined by a line drawn from a point located at 
57[deg]27.50' N, 152[deg]25.00' W, then southeast to a point located at 
57[deg]22.75' N, 152[deg]15.00' W, then

[[Page 76415]]

southwest to a point located at 57[deg]11.00' N, 152[deg]36.00' W, and 
then northwest to a point located at 57[deg]15.75' N, 152[deg]46.5' W, 
and then northeast to the point located at 57[deg]27.50' N, 
152[deg]25.00' W.
    (ii) The area defined by a circle centered at 57[deg]26.1' N, 
152[deg]20.49' W, with a radius of 5 nautical miles. All coordinates 
reference Datum: NAD 1983.
    (b) Enforcement periods. The safety zones in this section will be 
enforced from 1 p.m. to 1 a.m. each day from December 8, 2004 to 
January 31, 2005.
    (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 zones.
    (3) The general regulations governing safety zones contained in 
Sec.  165.23 apply. No person or vessel may enter or remain in these 
safety zones, 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: December 2, 2004.
T.D. Harrison,
Commander, U.S. Coast Guard, Captain of the Port, Western Alaska, 
Acting.
[FR Doc. 04-27821 Filed 12-20-04; 8:45 am]
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