Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Rules and Regulations 76413

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165

[COTP Western Alaska–04–001] 

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 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 

general permission to enter the safety 

zones will be given during nonhazardous 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 1 a.m. each day between 

December 8, 2004 and January 31, 2005 

until rocket launch operations are 

complete. 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 

general permission to enter the safety 

zone will be given during nonhazardous 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 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 this 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°27.50′ N, 

152°25.00′ W, then southeast to a point 

located at 57°22.75′ N, 152°15.00′ W, 

then southwest to a point located at 

57°11.00′ N, 152°36.00′ W, and then 

northwest to a point located at 57°15.75′

N, 152°46.5′ W, and then northeast to 

the point located at 57°27.50′ N, 

152°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°26.1′

N, 152°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 condition is expected to last 

for approximately 8 hours each day, and 

because general permission to enter the 

safety zones will be given during nonhazardous 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.

76414 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Rules and Regulations 

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 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 zones will be given during nonhazardous 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 

M16475.1D, 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 record keeping 

requirements, Security measures, 

Waterways.

■ For the reasons set out in the preamble, 

the Coast Guard amends 33 CFR part 165 

as follows:

■ 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 December 8, 2004 to January 

31, 2005, add temporary § 165.T17–008 

to read as follows:

§ 165.T17–008 Alaska Aerospace 

Development Corporation, Narrow Cape, 

Kodiak Island, AK: Safety Zones. 

(a) Description. The following are 

safety zones: 

(i) An area in the Gulf of Alaska, in 

the proximity of Narrow Cape, Kodiak 

Island, Alaska, including the waters of 

the Gulf of Alaska that are within the 

area defined by a line drawn from a 

point located at 57°27.50′ N, 152°25.00′

W, then southeast to a point located at 

57°22.75′ N, 152°15.00′ W, then 

Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Rules and Regulations 76415

southwest to a point located at 57°11.00′

N, 152°36.00′ W, and then northwest to 

a point located at 57°15.75′ N, 152°46.5′

W, and then northeast to the point 

located at 57°27.50′ N, 152°25.00′ W.

(ii) The area defined by a circle 

centered at 57°26.1′ N, 152°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 1 p.m. to 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 zones. 

(3) The general regulations governing 

safety zones contained in § 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: December 2, 2004. 

T.D. Harrison, 

Commander, U.S. Coast Guard, Captain of 

the Port, Western Alaska, Acting.

[FR Doc. 04–27821 Filed 12–20–04; 8:45 am] 

BILLING CODE 4910–15–P

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.

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 nonhazardous 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°40.50′ N, 

153°42.50′ W, then southeast to a point 

located at 56°34.00′ N, 153°29.50′ W, 

then southwest to a point located at 

56°12.50′ N, 154°2.50′ W, and then 

northwest to a point located at 56°19.00′

N, 154°16.50′ W, and then northeast to 

the point located at 56°40.50′ N, 

153°42.50′ W. All coordinates reference 

Datum: NAD 1983. 

This safety zone is necessary to 

protect transiting vessels from the