[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Rules and Regulations]
[Pages 76415-76417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27822]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Western Alaska-04-002]
RIN 1625-AA00


Safety Zone; Gulf of Alaska, Sitkinak Island, 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, east of Sitkinak Island, Kodiak Island, Alaska. 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.

DATES: This temporary final rule is effective from 1 p.m. on December 
8, 2004 through 6:30 p.m. on January 31, 2005.

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 8 hours 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 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 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 5 p.m. and 1 a.m. each day between December 8, 
2004 and January 31, 2005 until rocket launch operations are complete. 
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 8 hours 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.

Discussion of Rule

    From the latest information received from the Alaska Aerospace 
Development Corporation, the launch window is scheduled for 8 hours 
each day between December 8, 2004 and January 31, 2004. The size of the 
safety zone has been set to protect the public from the reentry and 
impact of a rocket motor. The Pacific Range Support Team has identified 
a first stage exclusion zone at Sitkinak Island along the launch 
trajectory. The COTP will enforce a single safety zone in support of 
this exclusion zone. The 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 56[deg]40.50' N, 
153[deg]42.50' W, then southeast to a point located at 56[deg]34.00' N, 
153[deg]29.50' W, then southwest to a point located at 56[deg]12.50' N, 
154[deg]2.50' W, and then northwest to a point located at 56[deg]19.00' 
N, 154[deg]16.50' W, and then northeast to the point located at 
56[deg]40.50' N, 153[deg]42.50' W. All coordinates reference Datum: NAD 
1983.
    This safety zone is necessary to protect transiting vessels from 
the

[[Page 76416]]

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 condition 
is expected to last for approximately 8 hours 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 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 off 
Sitkinak Island from 1 p.m. to 1 a.m. each day from December 8, 2004 
until January 31, 2005 until rocket launch operations are complete. 
Because the hazardous situation, during the planned rocket launch 
hours, is expected to last for approximately 8 hours 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 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 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. 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 proposed 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

[[Page 76417]]

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 record 
keeping 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(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 December 8, 2004 to January 31, 2005, add temporary Sec.  
165.T17-009 to read as follows:


Sec.  165.T17-009  Alaska Aerospace Development Corporation, Sitkinak 
Island, Kodiak Island, AK: Safety Zones

    (a) Description. This safety zone includes an area in the Gulf of 
Alaska, west of Sitkinak 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 56[deg]40.50' N, 
153[deg]42.50' W, then southeast to a point located at 56[deg]34.00' N, 
153[deg]29.50' W, then southwest to a point located at 56[deg]12.50' N, 
154[deg]2.50' W, and then northwest to a point located at 56[deg]19.00' 
N, 154[deg]16.50' W, and then northeast to the point located at 
56[deg]40.50' N, 153[deg]42.50' W. All coordinates reference Datum: NAD 
1983.
    (b) Enforcement periods. The safety zone in this section will be 
enforced from 1 p.m. 1 a.m. each day from December 8, 2004 to January 
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 zone.
    (3) The general regulations governing safety zones contained in ? 
165.23 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.
    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: December 2, 2004.
T.D. Harrison,
Commander, U.S. Coast Guard, Captain of the Port, Western Alaska, 
Acting.
[FR Doc. 04-27822 Filed 12-20-04; 8:45 am]
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