[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45949-45950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23221]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Western Alaska-98-003]
RIN 2115-AA97
Safety Zone; Gulf of Alaska, Southeast of Narrow Cape, Kodiak
Island, Alaska
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard has established 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, the Coast Guard Captain of the Port, Western Alaska, or
his on scene representative. The affect of the safety zone is to ensure
the safety of human life and property during the rocket launch.
DATES: The safety zone becomes effective at 6 a.m. October 6, 1998, and
terminates at 10 p.m. October 20, 1998, Alaska local time.
ADDRESSES: Documents as indicated in this preamble are available for
inspection and copying at the following address: LCDR Rick Rodriguez,
Chief of Port Operations, Coast Guard Captain of the Port Western
Alaska, 510 L Street, Suite 100, Anchorage, Alaska, 99501.
FOR FURTHER INFORMATION CONTACT:
LCDR Rick Rodriguez at Chief of Port Operations, Coast Guard Captain of
the Port Western Alaska, 510 L Street, Suite 100, Anchorage, Alaska,
99501, (907) 271-6700.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The Alaska Aerospace Development Corporation (AADC), in conjunction
with the United States Air Force, will be launching unmanned rockets
from their facility at Narrow Cape, Kodiak Island, Alaska beginning in
September 1998. 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 sometime between October
6, 1998 and October 20, 1998. 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 the Regulation
The safety zone will include an area approximately 57 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.29.7' North, 152 deg.18.9' West, thence southeast to
a point located at 57 deg.22.3' North, 152 deg.07.7' West, thence
southwest to a point located at 57 deg. 18.5' North, 152 deg.16.3'
West, and thence northwest to a point located at 57 deg.26.0' North,
152 deg.27.7' West, and thence northeast to the point located at
57 deg.29.7' North, 152 deg.18.9' 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 will become
effective at 6 a.m. September 26, 1998, and terminates at 10 p.m.
October 8, 1998, Alaska local time.
[[Page 45950]]
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.
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.
Publication History
A Notice of Proposed Rulemaking regarding this Temporary Final Rule
was published at 63 FR 31681, June 10, 1998. The Notice of Proposed
Rulemaking provided a thirty (30) day comment period rather than the
usual ninety (90) day comment period. The justification for the
shortened comment period can be found at 63 FR 31681, June 10, 1998.
Since the publication of the Notice of Proposed Rulemaking at 63 FR
31681, June 10, 1998, the safety zone dates for the rocket launch at
Kodiak Island has changed from 6 a.m. September 1, 1998, through 10
p.m. September 10, 1998, to 6 a.m. September 26, 1998, through 10 p.m.
October 8, 1998. The change has occurred as a result of logistical
delays in obtaining hardware for the launch payload.
One comment was received during the comment period. The comment
concerned the time length of the safety zone indicated in the Notice of
Proposed Rulemaking. The concern was that the safety zone, as
scheduled, would interfere with a commercial fishing groundfish opening
in the Gulf of Alaska. However, since the safety zone has been
rescheduled for October, the groundfish opening will not be affected.
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]
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),
6.401-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T17-003 to read as follows:
Sec. 165.T17-003 Alaska Aerospace Development Corporation, Narrow
Cape, Kodiak Island safety zone.
(a) Regulated Area. A safety zone is established in the waters of
the Gulf of Alaska that are within the area bounded by a line drawn
from a point located 57 deg.29.7' North, 152 deg. 18.9' West, thence
southeast to a point located at 57 deg.22.3' North, 152 deg.07.7' West,
thence southwest to a point located at 57 deg.18.5' North,
152 deg.16.3' West, and thence northwest to a point located at
57 deg.26.0' North, 152 deg.27.7' West, and thence northeast to the
point located at 57 deg.29.7' North, 152 deg.18.9' West. All
coordinates reference Datum: NAD 1983.
(b) Effective Dates. This Section becomes effective at 6 a.m.
October 6, 1998, and terminates at 10 p.m. October 20, 1998.
(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 of Federal Regulations, 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, or his on
scene representative may be contacted onboard the U.S. Coast Guard
cutter in the vicinity of Narrow Cape via marine VHF channel 16.
Dated: July 28, 1998.
W.J. Hutmacher,
Captain, U.S. Coast Guard Captain of the Port, Western Alaska.
[FR Doc. 98-23221 Filed 8-27-98; 8:45 am]
BILLING CODE 4910-15-M
