[Federal Register: February 15, 2005 (Volume 70, Number 30)]
[Rules and Regulations]
[Page 7653-7655]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe05-6]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Western Alaska-05-002]
RIN 1625-AA00
Safety Zones; Gulf of Alaska, Narrow Cape, Kodiak Island, AK
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones in
the Gulf of Alaska, in the proximity of Narrow Cape, Kodiak Island,
Alaska. These zones are needed to protect persons and vessels operating
in the vicinity of the safety zones during a rocket launch from the
Alaska Aerospace Development Corporation, Narrow Cape, Kodiak Island
facility. Entry of vessels or persons into these zones 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.
DATES: This temporary final rule is effective from 4 p.m. on February
12, 2005 through 11 p.m. on March 31, 2005. The safety zones will be
enforced each day of the effective period from 4 p.m. through 11 p.m.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are available for inspection and copying at Coast Guard
Marine Safety Office Anchorage, 510 ``L'' Street, Suite 100, Anchorage,
AK 99501. Normal Office hours are 7:30 a.m. to 4 p.m., Monday through
Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Meredith Gillman, Marine Safety
Office Anchorage, at (907) 271-6700.
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. Because the hazardous
condition is expected to last for approximately six (6) hours of each
day, and because general permission to enter the safety zones will be
given during non-hazardous times, the impact of this rule on commercial
and recreational traffic is expected to be minimal. Any delay
encountered in this regulation's effective date would be contrary to
public interest because immediate action is needed to protect human
life and property from possible fallout from the rocket launch. The
parameters of the zones 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 zones during those times in which the
launch does not pose a hazard to mariners.
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. The Coast Guard attempts to publish a
final rule as close to the expected launch date as possible, however,
these attempts often prove futile due to frequent re-scheduling. Any
delay encountered in this regulation's effective date would be 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 zones 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 zones 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 between 5 p.m. and 11 p.m. during a seven-day period between
February 12, 2005 and March 31, 2005. The safety zones are 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 zones during those times in which a
launch schedule does not pose a hazard to mariners. Because
[[Page 7654]]
the hazardous situation is expected to last for six (6) hours each day
during the seven-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 5 p.m. to
11 p.m. during a seven-day period between February 12, 2005 and March
31, 2005. The sizes of the safety zones have 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
Pacific Range Support Team has identified a launch area exclusion zone
at Narrow Cape and southwest along the launch trajectory. The COTP will
enforce two safety zones in support of their exclusion zone. The first
established safety zone includes the waters of the Gulf of Alaska and
adjacent coastal areas within the boundaries defined by a line drawn
from a point located at 57[deg]27.50' N, 152[deg]25.00' W, then
southeast to a point located at 57[deg]22.75' N, 152[deg]15.00' W, then
southwest to a point located at 57[deg]11.00' N, 152[deg]36.00' W, and
then northwest to a point located at 57[deg]15.75' N, 152[deg]46.5' W,
and then northeast to the point located at 57[deg]27.50' N,
152[deg]25.00' W. The second established safety zone includes the
waters adjacent to Narrow Cape within the boundaries defined by a
circle centered at 57[deg]26.1' N, 152[deg]20.49' W, with a radius of 5
nautical miles. All coordinates reference Datum: NAD 1983.
These safety zones are necessary to protect spectators and
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 zones 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). 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
six (6) hours during the seven-day launch window period, and because
general permission to enter the safety zones will be given during non-
hazardous times, the impact of this rule on commercial traffic should
be minor. 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 off Narrow
Cape from 4 p.m. to 11 p.m. each day from February 12, 2005 until March
31, 2005 when rocket launch operations are complete. Because the
hazardous situation is expected to last for approximately six (6) hours
of each day during the seven-day launch window period, and because
general permission to enter the safety zones 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.
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 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.
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''
[[Page 7655]]
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 concluded 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, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because it is a safety zone.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR
part 165 as follows:
0
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.
0
2. From February 12, 2005 to March 31, 2005, 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. These safety zones include an area in the Gulf of
Alaska, in the proximity of Narrow Cape, Kodiak Island, Alaska.
Specifically, these zones include the waters of the Gulf of Alaska that
are within the area defined by a line drawn from a point located at
57[deg]27.50' N, 152[deg]25.00' W, then southeast to a point located at
57[deg]22.75' N, 152[deg]15.00' W, then southwest to a point located at
57[deg]11.00' N, 152[deg]36.00' W, and then northwest to a point
located at 57[deg]15.75' N, 152[deg]46.5' W, and then northeast to the
point located at 57[deg]27.50' N, 152[deg]25.00' W, and also within the
area defined by a circle centered at 57[deg]26.1' N, 152[deg]20.49' W,
with a radius of 5 nautical miles. All coordinates reference Datum: NAD
1983.
(b) Enforcement periods. The safety zones in this section will be
enforced from 4 p.m. to 11 p.m. during each day of a six-day launch
window period from February 12, 2005 to March 31, 2005.
(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 zones.
(3) The general regulations governing safety zones contained in
Sec. 165.23 apply. No person or vessel may enter or remain in these
safety zones, 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 at the Kodiak Launch Complex via
VHF marine channel 16.
Dated: January 21, 2005.
R.J. Morris,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 05-2867 Filed 2-14-05; 8:45 am]
BILLING CODE 4910-15-P