Ports and waterways safety: Gulf of Alaska, southeast of Narrow Cape, Kodiak Island, AK; safety zone,

[Federal Register: June 10, 1998 (Volume 63, Number 111)]

[Proposed Rules]

[Page 31681-31682]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10jn98-40]

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, AK

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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 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 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 July 10, 1998. The proposed safety zone is intended to become effective at 6 a.m. on September 1, 1998, and terminate at 10 p.m. on September 10, 1998.

ADDRESSES: Address all comments concerning this proposal rule to 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 (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 September 1, 1998 and September 10, 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.

The Coast Guard only recently became aware of the shape and extent of a potential debris path in the unlikely event that a launch is aborted. This information was needed to determine the size and shape of the safety zone protect people and vessels in the vicinity of the launch. Publication of a notice of proposed rulemaking within the usual ninety (90) day comment period is impracticable. A thirty (30) day comment period comment is justified to ensure that a safety zone is in place to protect the safety of human life and property in the trajectory path. The thirty (30) day comment period is also justified because vessel traffic is usually sparse within the safety zone and few comments are expected.

Discussion of the Regulation

The proposed safety zone would include an area approximately 57 square nautical miles in the Gulf of Alaska, southeast of Narrow cape, Kodiak Island, Alaska. Specifically, the proposed 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 by 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.

[[Page 31682]]

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 proposed safety zone is intended to becomes effective at 6 a.m. on September 1, 1998, and terminate at 10 p.m. on September 10, 1998.

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.

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.T17-003 to read as follows:

   Sec. 165.T17-003 Alaska Aerospace Development Corporation, Narrow Cape, Kodiak Island safety zones.

   (a) Description. This safety zone includes 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 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 then 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 proposed regulation would become effective at 6 a.m. on September 1, 1998, and terminates at 10 p.m. on September 10, 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 Sec. 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: June 1, 1998. E.P. Thompson, Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.

   [FR Doc. 98-15423Filed6-9-98; 8:45 am]

   BILLING CODE 4910-15-M