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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: November 7, 2001 (Volume 66, Number 216)]
[Rules and Regulations]
[Page 56216-56218]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no01-11]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Western Alaska-01-008]
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 effect 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 6:30 a.m. to 10:30
a.m. each day starting November 9, 2001 through November 14, 2001, and
then from 5 a.m. to 9:15 a.m. each day starting November 15, 2001
through November 21, 2001.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket COTP Western Alaska-01-008 and are available for
inspection or copying at Coast Guard Marine Safety Office Anchorage,
510 ``L'' Street, Suite 100, Anchorage, AK 99501 between 7:30 a.m. to 4
p.m. Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Diane Kalina, Marine Safety
Office Anchorage, at (907) 271-6700.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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 publication in the Federal Register. 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 4 hours of each day for
13 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 attempt to
launch an unmanned rocket from their facility at Narrow Cape, Kodiak
Island, Alaska sometime between 8:24 a.m. and 10:10 a.m. each day from
November 9, 2001 through November 14, 2001 and between 7:02 a.m. and
8:54 a.m. each day from November 15, 2001 through November 21, 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 4 hours of each day for
13 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 4 hours
each day from November 9, 2001 through November 21, 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 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.26'53" North, 152 deg.22'14" West, then south to a point located
at 57 deg.24'42" North, 152 deg.23'18" West, then southeast to a point
located at 57 deg.11'32" North, 152 deg.05'35" West, then northeast to
a point located at
[[Page 56217]]
57 deg.18'45" North, 151 deg.53'47" West, then west northwest to the
point located at 57 deg.27'45" North, 152 deg.18'31" West, then back to
the first point. 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
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. The
Office of Management and Budget has not reviewed it 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. Because
the hazardous condition is expected to last for only approximately 4
hours of each day for 13 days, and because general permission to enter
the safety zone will be given during non-hazardous times, the economic
impact of this rule on commercial traffic should be minimal. In
addition, before the effective period, we will issue maritime
advisories widely available to users of the affected portion of the
Gulf of Alaska. We believe there will be minimal economic impact on
commercial traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
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.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to
transit, anchor, or fish in a portion of the Gulf of Alaska off Ugak
Island and Narrow Cape from 6:30 a.m. to 10:30 a.m. each day starting
November 9, 2001 through November 14, 2001, and then from 5 a.m. to
9:15 a.m. each day starting November 15, 2001 through November 21,
2001. Because the hazardous condition is expected to last for
approximately 4 hours of each day for 13 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. Before the effective period, we will issue maritime
advisories widely available to users of the affected portion of the
Gulf of Alaska. We believe there will be minimal impact to small
entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we 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 calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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 does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct affect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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. This rule is excluded under paragraph
(34)(g) because it is a safety zone. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
[[Page 56218]]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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, 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T17-008 to read as follows:
Sec. 165.T17-008 Alaska Aerospace Development Corporation, Narrow
Cape, Kodiak Island, AK: Safety Zones.
(a) Description. This safety zone includes an area 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.26'53"
North, 152 deg.22'14" West, then south to a point located at
57 deg.24'42" North, 152 deg.23'18" West, then southeast to a point
located at 57 deg.11'32" North, 152 deg.05'35" West, then northeast to
a point located at 57 deg.18'45" North, 151 deg.53'47" West, then west
northwest to the point located at 57 deg.27'45" North, 152 deg.18'31"
West, then back to the first point. All coordinates reference Datum:
NAD 1983.
(b) Effective dates. This section is effective from 6:30 a.m. to
10:30 a.m. each day starting November 9, 2001 through November 14,
2001, and then from 5 a.m. to 9:15 a.m. each day starting November 15,
2001 through November 21, 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.
(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 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. In the vicinity of Narrow Cape, the Captain of the
Port, Western Alaska's on-scene representative may be contacted at the
Kodiak Launch Complex via VHF marine channel 16.
Dated: October 26, 2001.
W. J. Hutmacher,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 01-28005 Filed 11-6-01; 8:45 am]
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