

[Federal Register: October 25, 2007 (Volume 72, Number 206)]
[Rules and Regulations]               
[Page 60559-60561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc07-13]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. COTP Western Alaska-07-003]
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 this 
safety zone is to ensure the safety of human life and property during 
the rocket launch.

DATES: This temporary final rule is effective from 12 p.m. through 4 
p.m. September 28, 2007 through October 31, 2007. The safety zones will 
be enforced each of these days from 12 p.m. through 4 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 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: LCDR 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. Because the hazardous 
condition is expected to last for approximately four (4) hours of each 
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. 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 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.
    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 and unexpected re-
scheduling. 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. 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 12 p.m. and 4 p.m. during a five-day period 
between September 28, 2007 and October 31, 2007. The safety zone is 
necessary to protect spectators and transiting vessels from the 
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 Captain of the Port, 
Western Alaska will terminate the safety zone after rocket launch 
operations are complete.
    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 four (4) 
hours each day during the five-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 five-day period between September 28, 2007 and October 
31, 2007. The size and duration of the safety zone has been set to 
protect the public from potential hazards associated with the 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' North,

[[Page 60560]]

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.
    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 four (4) hours each day during 
the five-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 12 p.m. to 4 p.m. each day 
from September 28, 2007 until October 31, 2007 until rocket launch 
operations are complete. Because the hazardous situation is expected to 
last for approximately four (4) hours of each day during the five-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 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 effect 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

[[Page 60561]]

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.

0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 165 as follows:

PART 165--[AMENDED]

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, 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 September 28, 2007 to October 31, 2007 add temporary Sec.  
165.T17-072 to read as follows:


Sec.  165.T17-072  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 zones in this section will be 
enforced from 12 p.m. to 4 p.m. during each day of a five-day launch 
window period from September 28, 2007 to October 31, 2007.
    (c) Regulations. (1) The Duty Officer at Marine Safety Detachment, 
Kodiak, Alaska can be contacted at telephone number (907) 486-5918 or 
(907) 539-5841.
    (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: September 28, 2007.
M.R. Devries,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. E7-20978 Filed 10-24-07; 8:45 am]

BILLING CODE 4910-15-P
