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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Western Alaska-99-012]

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 is establishing 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, Seventeen Coast Guard

District, the Coast Guard Captain of the Port, Western Alaska, or his

on scene representative. The safety zone will ensure the safety of

human life and property during the rocket launch.

DATES: This temporary final rule is effective from 6 a.m. on September

11, 1999, until 10 p.m. on November 15, 1999.

ADDRESSES: The public docket for this rulemaking is maintained by Coast

Guard Marine Safety Office Anchorage, 510 ``L'' Street, Suite 100,

Anchorage, AK 99501. Materials in the public docket are available for

inspection and copying at Coast Guard Marine Safety Office Anchorage.

Normal Office hours are 7:30 a.m. to 4 p.m., Monday through Friday,

except federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Byron Black, Marine Safety Office

Anchorage, at (907) 271-6700.

SUPPLEMENTARY INFORMATION:

Regulatory History

On July 21, 1999, the Coast Guard published a notice of proposed

rulemaking (NPRM) entitled Safety Zone; Gulf of Alaska, southeast of

Narrow Cape in the Federal Register (64 FR 39108). The Coast Guard

received no letters commenting on the proposed rulemaking. No public

hearing was requested, and none was held.

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 sometime between

September 11, 1999, and November 15, 1999. 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 something between

September 11, 1999, and November 15, 1999. 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 Comments and Changes

No comments were received relating to the NPRM. Due to the latest

information received from the Alaska

[[Page 49395]]

Aerospace Development Corporation, the launch window was moved forward

four days from September 15, 1999, to a new start date of September 11,

1999. Based upon the trajectory information received after the NPRM was

published, the size of the safety zone has been expanded to provide a

greater safety buffer in the event that the launch is aborted shortly

after take-off. The safety zone includes an area approximately 133

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 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.22.0' North, 151 deg.52.5' West,

thence southwest to a point located at 57 deg.15.0' North,

152 deg.00.0' West, and 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 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 becomes effective at 6 a.m.

on September 11, 1999, and terminates at 10 p.m. on November 15, 1999.

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

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 this 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 fields,

and governmental jurisdictions with populations less than 50,000.

Because the hazardous condition is expected to last for approximately

four 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 should be minimal. The

Coast Guard believes there will be minimal impact to small entities.

Therefore, 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.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard

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. No comments or requests for assistance were

received by the point of contact listed in the NPRM.

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. The justification for this categorical

exclusion is that this rule is to establish a navigation 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, 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 reads 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.T17-012 to read as follows:

Sec. 165.T17-012 Alaska Aerospace Development Corporation, Narrow

Cape, Kodiak Island safety zones.

(a) Description. This safety zone includes an area approximately

133 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. 30.5' North, 152 deg. 23.5' West,

thence southeast to a point located at 57 deg. 22.0' North, 151 deg.

52.5' West, thence southwest to a point located at 57 deg. 15.0' West,

and 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 reference

Datum: NAD 1983.

(b) Effective dates: This section is effective from 6 a.m. on

September 11, 1999, to 10 p.m. on November 15, 1999.

(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) 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, part 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 onboard

the U.S. Coast Guard cutter in the vicinity of Narrow Cape via VHF

marine channel 16.

Dated: August 30, 1999.

W.J. Hutmacher,

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

[FR Doc. 99-23714 Filed 9-10-99; 8:45 am]

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