Ports and waterways safety: Gulf of Alaska, Narrow Cape, Kodiak Island, AK; safety zone,
[Federal Register: September 13, 1999 (Volume 64, Number 176)]
[Rules and Regulations]
[Page 49394-49395]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se99-22]
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.
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
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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]
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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.
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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. 99-23714Filed9-10-99; 8:45 am]
BILLING CODE 4910-15-M
