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Safety Zone; Gulf of Alaska, Southeast of Narrow Cape, Kodiak Island, AK
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: March 19, 2001 (Volume 66, Number 53)]
[Rules and Regulations]
[Page 15350-15352]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr01-6]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Western Alaska-01-001]
RIN 2115-AA97
Safety Zone; Gulf of Alaska, Southeast of Narrow Cape, Kodiak
Island, AK
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, Seventeenth Coast
Guard District, and 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: This temporary final rule is effective from 11 a.m. on March 23,
2001, until 8 p.m. on March 30, 2001.
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 Rick Rodriguez, Marine Safety
Office Anchorage, at (907) 271-6700.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing a NPRM and for making this regulation effective in less than
30 days after Federal Register publication. The parameters of the zone
will not unduly impair business and transits of vessels. The Coast
Guard will announce via Broadcast Notice to Mariners the anticipated
date and time of each 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 5 hours of each day for eight days, 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. Therefore, notice and comment is
unnecessary. Additionally, the process of scheduling a rocket launch is
uncertain due to unforeseen delays that can cause cancellation of the
launch. The Coast Guard attempts to publish a Final Rule, with a 30-day
window, as close to the expected launch date as possible, when it is
conveyed to them in time. Any delay encountered in this regulation's
effective date would be unnecessary and contrary to public interest
since immediate action is needed to protect human life and property
from possible fallout from the rocket launch. This safety zone should
have minimal impact on vessel transits and announcements via Broadcast
Notice to Mariners will give vessels advanced notice of the launch.
Background and Purpose
The Alaska Aerospace Development Corporation (AADC) will launch an
unmanned rocket from their facility at Narrow Cape, Kodiak Island,
Alaska sometime between 1 p.m. and 6 p.m. each day between March 23,
2001 and March 30, 2001. The safety zone is necessary to protect
spectators and transiting vessels from the potential hazards associated
with the launch.
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 5 hours of each day for
eight days, 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 Regulation
From the latest information received from the Alaska Aerospace
Development Corporation, the launch window is scheduled for 5 hours
each day between March 23, 2001 and March 30, 2001. The size of the
safety zone has been set based upon the trajectory information in order
to provide a greater safety buffer in the event that the launch is
aborted shortly after take-off. The proposed 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(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
[[Page 15351]]
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 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.
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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this 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
fields, and governmental jurisdictions with populations less than
50,000. Because the hazardous condition is expected to last for
approximately five hours of each day for eight days, 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. Sec. 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 (Public Law 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.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal Regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided that funds to
pay those costs. This rule will not impose an unfunded mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not economically significant and does not cause an environmental
risk to health or risk to safety that may disproportionately affect
children.
Consultation and Coordination With Indian Tribal Governments
This proposed rule will not have tribal implications; will not
impose substantial direct compliance costs on Indian tribal
governments; and will not preempt tribal law. Therefore, it is exempt
from the consultation requirements of Executive Order 13175. If tribal
implications are identified during the comment period we will undertake
appropriate consultations.
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, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
1. The authority citation for Part 165 continue 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.T17-012 to read as follows:
Sec. 165.T17-012 Alaska Aerospace Development Corporation, Narrow
Cape, Kodiak Island, AK: 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' 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.
(b) Effective Dates. This regulation is effective at 11 a.m. on
March 23, 2001, and terminates at 8 p.m. on March 30, 2001.
(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
[[Page 15352]]
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: February 22, 2001.
W.J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 01-6740 Filed 3-16-01; 8:45 am]
BILLING CODE 4910-15-U