Safety Zone; Gulf of Alaska, southeast of Narrow Cape, Kodiak Island, AK

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska 99-002]

RIN 2115-AA97

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

Island, AK

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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 would be

prohibited unless specifically authorized by the Coast Guard Captain of

the Port, Western Alaska, or his on-scene representative. The intended

affect of the proposed safety zone is to ensure the safety of human

life and property during the rocket launch.

DATES: Comments must be received on or before August 20, 1996. The

proposed safety zone would become effective at 6 a.m. on September 15,

1999, and terminate at 10 p.m. on November 15, 1999.

ADDRESSES: Address all comments concerning this proposed rule to LCDR

Byron Black, Planning Officer, Coast Guard Captain of the Port Western

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

FOR FURTHER INFORMATION CONTACT: LCDR Byron Black at (907) 271-6723.

SUPPLEMENTARY INFORMATION: .

Background and Purpose

The Alaska Aerospace Development Corporation (AADC), in conjunction

with the United States Air Force, will launch an unmanned rocket from

their facility at Narrow Cape, Kodiak Island Alaska, some time between

September 15, 1999, and November 15, 1999. The safety zone would be

necessary to protect spectators and transiting vessels from the

potential hazards associated with the launch.

The launch is scheduled to take place sometime between September

15, 1999, and November 15, 1999. The Coast Guard would announce by

Broadcast Notice to Mariners the anticipated date and time of the

launch and would grant general permission to enter the safety zone

during those times in which the launch did not pose a hazard to

mariners. Because the hazardous condition should last for about 4 hours

of one day, and because general permission to enter the safety zone

would be given during non-hazardous times, the impact of this rule on

commercial and recreation traffic would be minimal.

Discussion of the Regulation

The proposed safety zone would encompass an area of about 72 square

nautical miles in the Gulf of Alaska, southeast of Narrow Cape, Kodiak

Island, Alaska. Specifically the proposed zone would encompass the

waters of the Gulf of Alaska within the area bounded by a line drawn

from a point located at 57 deg.30.5' North, 152 deg.23.5', West, thence

southeast to a point located at 57 deg.21.0' North, 151 deg.53.0' West

these southwest to a point located at 57 deg.15.5' North, 151 deg.58.5'

West, thence northwest to a point located at 57 deg.25.0' North,

152 deg.29.5' West, and thence northeast to the point located at

57 deg.30.5' North, 152 deg.23.5' West. All coordinates refer to Datum:

NAD 1983.

This proposed 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 would become

effective at 6 a.m. on September 15, 1999, and terminate at 10 p.m. on

November 15, 1999.

Regulatory Evaluation

This proposed rule is not a significant regulatory action under

subsection 3(f) of Executive Order 12866 and does not require an

assessment of potential cost and benefits under paragraph 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

Small Entities

Under the Regulatory Flexibility Act [5 U.S.C., 601 et seq.], the

Coast Guard considers whether the proposed rule would have significant

economic impacts on a substantial number of small entities. ``Small

entities'' include small businesses, not-for-profit organizations that

are independently owned and operated and are not dominant in their

field, an governmental jurisdiction with populations less than 50,000.

Because the hazardous condition should last for around four hours of

one day, and because general permission to enter the safety zone would

be given during non-hazardous times, the impact of this rule on

commercial and recreational traffic should be minimal. The Coast Guard

believes there would be minimal impact on small entities. Therefore,

the Coast Guard certifies under 5 U.S.C. 605(b) that this rule would

not have a significant economic impact on a substantial number of small

entities.

Collection of Information

This proposed rule contains no information-collection requirements

under the Paperwork Reduction Act [44 U.S.C. 3501 et seq.].

The Coast Guard has analyzed this proposed 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

proposed 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.

List of Subjects in 33 CFR Part 165

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

recordkeeping requirements, Security measures, Vessels, Waterways.

For the reasons set out in the preamble, the Coast Guard proposes

to amend 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),

6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

2. Add temporary Sec. 165.T17-002 to read as follows:

Sec. 165.T17-002 Alaska Aerospace Development Corporation, Narrow

Cape, Kodiak Island: safety zones.

(a) Description. This safety zone encompasses an area of about 72

square nautical miles in the Gulf of Alaska, southeast of Narrow Cape,

Kodiak Island, Alaska. Specifically, it encompasse the waters of the

Gulf of Alaska within the area bounded by a

[[Page 39109]]

line drawn from a point located at 57 deg.30.5' North, 152 deg.23.5'

West, thence southeast to a point located at 57 deg.21.0' North,

151 deg.53.0' West thence southwest to a point located at 57 deg.15.5'

North, 151 deg.58.5' West, thence notherwest to a point located at

57 deg.25.0' North, 152 deg.29.5' West, and thence northeast to the

point located at 57 deg.30.5' North, 152 deg.23.5' West. All

coordinates refer to Datum: NAD 1983.

(b) Effective dates. This section becomes effective at 6 a.m. on

September 15, 1999, and terminates at 10 p.m. on November 15, 1999.

(c) Regulations. (1) The Captain of the Port Western Alaska, and

the Duty Officer at Marine Safety Office, Anchorage, Alaska are

available 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 this behalf in

enforcing the safety zone.

(3) The general regulations governing safety zones contained in 33

CFR 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 is available onboard the U.S. Coast Guard

cutter in the vicinity of Narrow Cape on VHF marine channel 16.

Dated: June 2, 1999.

W.J. Hutmacher,

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

[FR Doc. 99-18496 Filed 7-20-99 8:45 am]

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