[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Rules and Regulations]
[Pages 18887-18889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7183]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CCGD05-07-035]
RIN 1625-AA00


Safety Zone: Satellite Launch, NASA Wallops Flight Facility, 
Wallops Island, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The U. S. Coast Guard is establishing a safety zone in support 
of a satellite rocket space launch originating from the Mid-Atlantic 
Regional Spaceport (MARS) Pad 0B launch complex. This action is 
intended to restrict vessel traffic within 12-nautical miles of Wallops 
Island, VA as described herein. This safety zone is necessary to 
facilitate the launch process and protect mariners from the hazards 
associated with the satellite launch.

DATES: This rule is effective from 2 a.m. April 21, 2007 until 5 a.m. 
April 24, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-07-035 and are available for 
inspection or copying at the U. S. Coast Guard Sector Hampton Roads, 
Norfolk Federal Building, 200 Granby St., Suite 700, Norfolk, VA, 23510 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: LT Bill Clark, Waterways Management 
Division, U. S. Coast Guard Sector Hampton Roads, Virginia at (757) 
668-5580.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    Pursuant to 5 U.S.C. 553(b)(B), a notice of proposed rulemaking 
(NPRM) was not published for this regulation as good cause exists for 
not publishing a NPRM and for making this regulation effective less 
than 30 days after Federal Register publication under 5 U.S.C. 
553(d)(3). Any delay encountered in this regulation's effective date by 
publishing a NPRM would be contrary to public safety as immediate 
action is required to prevent vessel traffic from transiting through 
the navigable waters in the vicinity of the Wallops Island, 
Chincoteague Inlet, and those waters extending beyond the State of 
Maryland located within the boundaries of the safety zone.

Background and Purpose

    On April 21, 2007, the National Aeronautics and Space 
Administration (NASA) will be attempting to launch a rocket carrying a 
spacecraft from Wallops Island, VA. Spectators are expected to be 
observing from both land and sea.
    Vessel traffic in the vicinity of this location will be temporarily 
restricted while the safety zone is in effect and as described herein. 
The safety zone will be in effect from 2 a.m. on April 21, 2007 until 5 
a.m. on April 24, 2007. This safety zone will be enforced from 2 a.m. 
until 5 a.m. each day the safety zone is in effect. If the launch 
occurs as planned on one of those days during this period, then the 
safety zone will no longer be enforced on subsequent days following the 
launch as identified in this paragraph.
    To protect mariners and spectators from the hazards associated with 
the launch, and to protect the launch vehicle and equipment a warning 
signal will be displayed in accordance with 33 CFR 334.130(b)(3).

Discussion of Rule

    The U.S. Coast Guard is establishing a regulated area that consists 
of a safety zone encompassing all navigable waters from 37[deg]-48'-
30'' N/075[deg]-31'-58'' W on Northam Narrows to 37[deg]-51'-30'' N/
075[deg]-28'-36'' W on Cat Creek. This regulated area will follow the 
Virginia coastal and inland shoreline from the aforementioned position 
in Cat Creek out to a point on the northeast tip of Wallops Island at 
37[deg]-53'-03'' N/075[deg]-25'-05'' W, thence to a point on the 
southwest tip of Assateague Island at 37[deg]-52'-28''N/075[deg]-24'-
20'' W, thence to a point on the southeast side of Assateague Island at 
37[deg]-51'-32''N/075[deg]-22'-01'' W, thence easterly to a point on 
the United States territorial seas boundary line at 37[deg]-47'-30'' N/
075[deg]-09'-55'' W. The regulated area will continue in a southerly 
direction along the United States territorial seas boundary line to a 
point at 37[deg]-40'-56'' N/075[deg]-21'-12'' W, thence westerly to a

[[Page 18888]]

point on Assawoman Island at 37[deg]-47'-11'' N/075[deg]-31'-34'' W, 
thence back again to the point of origin. The safety zone will be 
enforced from 2 a.m. until 5 a.m. on April 21, 2007 and every day there 
after at the same time until April 24, 2007 that the launch is 
attempted. After April 24, 2007 the regulated area will no longer be in 
effect. Except for participants and vessels authorized by the U. S. 
Coast Guard Patrol Commander, no person or vessel may enter or remain 
in the regulated area.

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 costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    Although this regulation restricts access to the regulated area, 
the effect of this rule will not be significant because: (i) The safety 
zone will be in effect for a limited duration; and (ii) the Coast Guard 
will make notifications via maritime advisories so mariners can adjust 
their plans accordingly.

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.
    However, this rule may affect the following entities, some of which 
may be small entities: The owners and operators of vessels intending to 
transit or anchor in the described portion of the safety zone during 
the enforcement periods from 2 a.m. to 5 a.m. from April 21, 2007 until 
April 24, 2007. The safety zone will not have a significant impact on a 
substantial number of small entities, because the zone will only be in 
place for a few hours each day during the effective period and maritime 
advisories will be issued, so the mariners can adjust their plans 
accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Bill Clark, Chief, 
Waterways Management Division, Sector Hampton Roads at (757) 668-5580.
    The Coast Guard will not retaliate against small entities that 
question or complain about this rule or any policy or action of the 
Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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 an economically significant rule and does not create 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 does not have a substantial direct effect 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

[[Page 18889]]

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 rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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. An ``Environmental Analysis Check List'' will be 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 Subpart C as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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. Add temporary Sec.  165.T05-035, to read as follows:


Sec.  165.T05-035  Security Zone: Wallops Island, Virginia.

    (a) Location. The following area is a safety zone: All navigable 
waters from 37[deg]-48[min]-30[sec]N/075[deg]-31[min]-58[sec]W on 
Northam Narrows to 37[deg]-51[min]-30[sec]N/075[deg]-28[min]-36[sec]W 
on Cat Creek, thence to a point following the Virginia coastal and 
inland shoreline to a point on the northeast tip of Wallops Island at 
37[deg]-53[min]-03[sec]N/075[deg]-25[min]-05[sec]W, thence easterly to 
a point on the southwest tip of Assateague Island at 37[deg]-52[min]-
28[sec]N/075[deg]-24[min]-20[sec]W, thence along the shoreline to a 
point on the southeast side of Assateague Island at 37[deg]-51[min]-
32[sec]N/075[deg]-22[min]-01[sec]W, thence easterly to a point on the 
United States territorial seas boundary line at 37[deg]-47[min]-
30[sec]N/075[deg]-09[min]-55[sec]W. The regulated area will continue in 
a southerly direction along the United States territorial seas boundary 
line to a point at 37[deg]-40[min]-56[sec]N/075[deg]-21[min]-12[sec]W, 
thence westerly to a point on Assawoman Island at 37[deg]-47[min]-
11[sec]N/075[deg]-31[min]-34[sec]W, thence back again to the point of 
origin in the Captain of the Port, Hampton Roads, Virginia zone as 
defined in 33 CFR 3.25-10.
    (b) Definition. As used in this section Captain of the Port 
Representative: Any U.S. Coast Guard commissioned, warrant or petty 
officer who has been authorized by the Captain of the Port, Hampton 
Roads, Virginia to act on his behalf.
    (c) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port, Hampton Roads or his designated 
representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on shore or on board a vessel 
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on shore or on board a vessel that is displaying a U.S. Coast 
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads and the Sector Duty 
Officer at Sector Hampton Roads in Portsmouth, Virginia can be 
contacted at telephone number (757) 668-5555 or (757) 484-8192.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM 13 and 16.
    (d) Effective Date. This regulation is effective from 2 a.m. on 
April 21, 2007 until 5 a.m. on April 24, 2007.

    Dated: April 4, 2007.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. E7-7183 Filed 4-13-07; 8:45 am]
BILLING CODE 4910-15-P