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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska-98-003]

RIN 2115-AA97

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

Island, Alaska

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has established 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, the Coast Guard Captain of the Port, Western Alaska, or

his on scene representative. The affect of the safety zone is to ensure

the safety of human life and property during the rocket launch.

DATES: The safety zone becomes effective at 6 a.m. October 6, 1998, and

terminates at 10 p.m. October 20, 1998, Alaska local time.

ADDRESSES: Documents as indicated in this preamble are available for

inspection and copying at the following address: LCDR Rick Rodriguez,

Chief of Port Operations, Coast Guard Captain of the Port Western

Alaska, 510 L Street, Suite 100, Anchorage, Alaska, 99501.

FOR FURTHER INFORMATION CONTACT:

LCDR Rick Rodriguez at Chief of Port Operations, Coast Guard Captain of

the Port Western Alaska, 510 L Street, Suite 100, Anchorage, Alaska,

99501, (907) 271-6700.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The Alaska Aerospace Development Corporation (AADC), in conjunction

with the United States Air Force, will be launching unmanned rockets

from their facility at Narrow Cape, Kodiak Island, Alaska beginning in

September 1998. The safety zone is necessary to protect spectators and

transiting vessels from the potential hazards associated with the

launch.

The launch time is scheduled to take place sometime between October

6, 1998 and October 20, 1998. 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 one day, 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 the Regulation

The safety zone will include an area approximately 57 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.29.7' North, 152 deg.18.9' West, thence southeast to

a point located at 57 deg.22.3' North, 152 deg.07.7' West, thence

southwest to a point located at 57 deg. 18.5' North, 152 deg.16.3'

West, and thence northwest to a point located at 57 deg.26.0' North,

152 deg.27.7' West, and thence northeast to the point located at

57 deg.29.7' North, 152 deg.18.9' 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 safety zone will become

effective at 6 a.m. September 26, 1998, and terminates at 10 p.m.

October 8, 1998, Alaska local time.

[[Page 45950]]

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.

Collection of Information

This rule contains no information collection requirements under the

Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

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.

Publication History

A Notice of Proposed Rulemaking regarding this Temporary Final Rule

was published at 63 FR 31681, June 10, 1998. The Notice of Proposed

Rulemaking provided a thirty (30) day comment period rather than the

usual ninety (90) day comment period. The justification for the

shortened comment period can be found at 63 FR 31681, June 10, 1998.

Since the publication of the Notice of Proposed Rulemaking at 63 FR

31681, June 10, 1998, the safety zone dates for the rocket launch at

Kodiak Island has changed from 6 a.m. September 1, 1998, through 10

p.m. September 10, 1998, to 6 a.m. September 26, 1998, through 10 p.m.

October 8, 1998. The change has occurred as a result of logistical

delays in obtaining hardware for the launch payload.

One comment was received during the comment period. The comment

concerned the time length of the safety zone indicated in the Notice of

Proposed Rulemaking. The concern was that the safety zone, as

scheduled, would interfere with a commercial fishing groundfish opening

in the Gulf of Alaska. However, since the safety zone has been

rescheduled for October, the groundfish opening will not be affected.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and record

keeping requirements, Security measures, Vessels, 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 continues 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.T17-003 to read as follows:

Sec. 165.T17-003 Alaska Aerospace Development Corporation, Narrow

Cape, Kodiak Island safety zone.

(a) Regulated Area. A safety zone is established in the waters of

the Gulf of Alaska that are within the area bounded by a line drawn

from a point located 57 deg.29.7' North, 152 deg. 18.9' West, thence

southeast to a point located at 57 deg.22.3' North, 152 deg.07.7' West,

thence southwest to a point located at 57 deg.18.5' North,

152 deg.16.3' West, and thence northwest to a point located at

57 deg.26.0' North, 152 deg.27.7' West, and thence northeast to the

point located at 57 deg.29.7' North, 152 deg.18.9' West. All

coordinates reference Datum: NAD 1983.

(b) Effective Dates. This Section becomes effective at 6 a.m.

October 6, 1998, and terminates at 10 p.m. October 20, 1998.

(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 of Federal Regulations, Sec. 165.23 apply. No person or

vessel may enter or remain in this safety zone, 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 marine VHF channel 16.

Dated: July 28, 1998.

W.J. Hutmacher,

Captain, U.S. Coast Guard Captain of the Port, Western Alaska.

[FR Doc. 98-23221 Filed 8-27-98; 8:45 am]

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