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Safety Zone; Gulf of Alaska, Narrow Cape, Kodiak Island, AK
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 16, 2006 (Volume 71, Number 32)]
[Rules and Regulations]
[Page 8213-8215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16fe06-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Western Alaska-06-002]
RIN 1625-AA00
Safety Zone; Gulf of Alaska, Narrow Cape, Kodiak Island, AK
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Gulf of Alaska, encompassing the navigable waters in the vicinity of
Narrow Cape and Ugak Island. The zone is needed to protect 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 their on-scene representative. The intended effect of the
safety zone is to ensure the safety of human life and property during
the rocket launch.
DATES: This temporary final rule is effective from 2 a.m. on February
20, 2006 through 10:30 a.m. on February 23, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are available for inspection and copying at Coast Guard
Marine Safety Detachment Kodiak, Kodiak, AK 99619. Normal Office hours
are 7:30 a.m. to 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Patrick Lee, Marine Safety
Detachment, at (907) 486-5918.
SUPPLEMENTARY INFORMATION:
Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(8), the Coast Guard finds that good
cause exists for not publishing an NPRM. The dates for rocket launches
often change at the last moment or the rocket launch is cancelled. In
the past, the Coast Guard has received several changes to rocket launch
dates before the rocket launch actually occurs. As a result, it is
impracticable to publish and NPRM because the date for the rocket
launch is likely to change at the last minute.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The process of scheduling a rocket
launch is uncertain due to unforeseen delays such as weather that can
cause cancellation of the launch. Any delay encountered in this
[[Page 8214]]
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. 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.
Background and Purpose
The Alaska Aerospace Development Corporation will launch an
unmanned rocket from their facility at Narrow Cape, Kodiak Island,
Alaska sometime between 6 a.m. and 10 a.m. during a four-day period
between February 20, 2006 and February 23, 2006. 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 a
launch schedule does not pose a hazard to mariners. Because the
hazardous situation is expected to last for approximately eight and a
half (8.5) hours each day during the four-day launch window period, 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 Rule
From the latest information received from the Alaska Aerospace
Development Corporation, the launch window is scheduled for four (4)
hours during a four-day period between February 20 and February 23,
2006. The safety zone will be enforced from 2 a.m. to 10:30 a.m. on
each of these days. The Captain of the Port, Western Alaska will
terminate the safety zone after rocket launch operations are complete.
The size of the safety zone has been set to protect the public from
potential hazards associated with the launch. The duration of the
safety zone period will allow time for proper surveillance to be
conducted to ensure the public is clear of the hazard area prior to and
immediately following the rocket launch. The Pacific Range Support Team
has identified a launch area exclusion zone from the area north of
Narrow Cape to a point south of Ugak Island along the launch
trajectory. The COTP will enforce a single safety zone in support of
their exclusion zone. The established safety zone includes the
navigable waters in the vicinity of Narrow Cape and Ugak Island, within
the boundaries defined by a line drawn from a point located at
57[deg]29.8[min] North, 152[deg]17.0[min] West, then southeast to a
point located at 57[deg]21.1[min] North, 152[deg]11.2[min] West, then
southwest to a point located at 57[deg]19.9[min] North, 152[deg]14.2[min]
West, and then northwest to a point located at 57[deg]25.4[min] North,
152[deg]28.2[min] West, and then northeast to the point located at
57[deg]29.8[min] North, 152[deg]17.0[min] West. All coordinates reference
Datum: NAD 1983.
This safety zone is necessary to protect transiting vessels from
the potential hazards associated with the Rocket 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.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland
Security (DHS) (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 DHS is unnecessary. Because the hazardous situation
is expected to last for approximately eight and a half (8.5) hours each
day during the four-day launch window period, and because general
permission to enter the safety zone will be given during non-hazardous
times, the impact of this rule on commercial 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 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 significant economic impacts 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 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 from north
of Narrow Cape to South of Ugak Island from 2:30 a.m. to 10:30 a.m.
each day from February 20 until February 23, 2006 until rocket launch
operations are complete. Because the hazardous situation is expected to
last for approximately eight and a half (8.5) hours of each day during
the four-day launch window period, 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.
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 this rule 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 effect a taking of private property or otherwise
have
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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.
Indian Tribal Governments
This 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. We invite your
comments on how this proposed rule might impact tribal governments,
even if that impact may not constitute a ``tribal implication'' under
the Order.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g) of the
Instruction, from further environmental documentation because this rule
establishes a safety zone. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' will be
available in the docket where indicated under ADDRESSES.
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
? 2. From February 20, 2006 to February 23, 2006 add temporary Sec.
165.T17-124 to read as follows:
Sec. 165.T17-124 Alaska Aerospace Development Corporation, Safety
Zone; Gulf of Alaska, Narrow Cape, Kodiak Island, AK.
(a) Description. The established safety zone includes the navigable
waters in the vicinity of Narrow Cape and Ugak Island, within the
boundaries defined by a line drawn from a point located at 57[deg]29.8'
North, 152[deg]17.0' West, then southeast to a point located at
57[deg]21.1' North, 152[deg]11.2' West, then southwest to a point
located at 57[deg]19.9' North, 152[deg]14.2' West, and then northwest
to a point located at 57[deg]25.4' North, 152[deg]28.2' West, and then
northeast to the point located at 57[deg]29.8' North, 152[deg]17.0'
West. All coordinates reference Datum: NAD 1983.
(b) Enforcement periods. The safety zone in this section will be
enforced from 2 a.m. to 10:30 a.m. during each day of a four-day launch
window period from February 20, 2006 to February 23, 2006.
(c) Regulations. (1) The Duty Officer at Marine Safety Detachment,
Kodiak, Alaska can be contacted at telephone number (907) 486-5918.
(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 without first obtaining permission from the Captain of the
Port or his on-scene representative. The Captain of the Port, Western
Alaska, on-scene representative may be contacted at Marine Safety
Detachment Kodiak.
Dated: January 31, 2006.
M.R. DeVries,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 06-1438 Filed 2-15-06; 8:45 am]
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