Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Rules and Regulations 55739 

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 

an economically significant rule and 

does not create 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 does 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. 

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 rule under 

Commandant Instruction M16475.lD 

and Department of Homeland Security 

Management Directive 5100.1, which 

guide 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. 

Paragraph (34)(g) is applicable 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. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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; 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. Add § 165.T11–146, to read as 

follows: 

§ 165.T11–110 Safety Zone; San Francisco 

Bay, California. 

(a) Location. This safety zone will 

encompass the navigable waters from 

the surface to the sea floor, in the San 

Francisco Bay, and its limits will 

encompass a circular safety zone with a 

radius of 750-feet extending from and 

around the Crane Barge DOGBONE. 

This safety zone will move and continue 

to extend 750-feet from the Barge 

DOGBONE while it operates along the 

charted BART Transbay tube between 

the following two points: 37°47′50.97′′ N 

Latitude, by 122°23′17.01′′W Longitude 

at the western extreme, and 

37°48′25.65′′N Latitude by 

122°21′03.59′′W Longitude at the eastern 

extreme. 

(b) Effective Dates.This rule is 

effective from September 25, 2006 

through December 31, 2006. If the need 

for the safety zone ends prior to the 

scheduled termination time, the Captain 

of the Port (COTP) will cease 

enforcement of the safety zone. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transit through, or 

anchoring within this safety zone by all 

vessels and persons is prohibited, 

unless specifically authorized by the 

COTP San Francisco, or his designated 

representative. 

(d) Enforcement. All persons and 

vessels shall comply with the 

instructions of the Coast Guard COTP or 

his designated representative. The 

COTP’s designated representative can be 

comprised of commissioned, warrant, 

and petty officers of the Coast Guard 

onboard Coast Guard, Coast Guard 

Auxiliary, local, State, and Federal law 

enforcement vessels. Upon being hailed 

by U.S. Coast Guard patrol personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed. 

The U.S. Coast Guard may be assisted 

in the patrol and enforcement of these 

two safety zones by local law 

enforcement as necessary. 

Dated: September 8, 2006. 

W.J. Uberti, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Francisco, California. 

[FR Doc. 06–8132 Filed 9–22–06; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Western Alaska 06–003] 

RIN 1625–AA00 

Safety Zone; Gulf of Alaska, Narrow 

Cape, 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, 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 


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55740 Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Rules and Regulations 

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 2 a.m. through 11:30 a.m., 

August 31, 2006 through September 30, 

2006. The safety zones will be enforced 

each of these days from 2 a.m. through 

11:30 a.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: LT 

Patrick Lee, Marine Safety Detachment, 

at (907) 486–5918. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

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. 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. The 

safety zone is necessary to protect 

spectators and transiting vessels from 

the potential hazards associated with 

the launch. 

For similar reasons 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. 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. 

Background and Purpose 

The Alaska Aerospace Development 

Corporation will launch an unmanned 

rocket from their facility at Narrow 

Cape, Kodiak Island, Alaska sometime 

between 6 a.m. and 11 a.m. during a 

five-day period between August 31, 

2006 and September 30, 2006. 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. 

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 

August 31, 2006 and September 30, 

2006. The size 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 

Captain of the Port, Western Alaska 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°29.8′ North, 152°17.0′ 

West, then southeast to a point located 

at 57°21.1′ North, 152°11.2′ West, then 

southwest to a point located at 57°19.9′ 

North, 152°14.2′ West, and then 

northwest to a point located at 57°25.4′ 

North, 152°28.2′ West, and then 

northeast to the point located at 57°29.8′ 

North, 152°17.0′ West. All coordinates 

reference Datum: NAD 1983. 

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 nine and a half (9.5) 

hours each day during the five-day 

launch window period, and because 

general permission to enter the safety 

zone 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. 

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 2 a.m. to 11:30 a.m. 

each day from August 31 until 

September 30, 2006 until rocket launch 

operations are complete. Because the 

hazardous situation is expected to last 

for approximately nine and a half (9.5) 

hours of each day during the five-day 

launch window period, 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 

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 


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Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Rules and Regulations 55741 

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. 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 

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 

and Department of Homeland Security 

Management Directive 5100.1, which 

guide 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, 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 record keeping 

requirements, Security measures, 

Waterways. 

■ For the reasons set out in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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. Add § 165.T17–072 to read as 

follows: 

§ 165.T17–072 Alaska Aerospace 

Development Corporation, Safety Zone; 

Gulf of Alaska, Narrow Cape, Kodiak Island, 

AK. 

(a) Location. 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°29.8′′ North, 152°17.0′′ West, then 

southeast to a point located at 57°21.1′′ 

North, 152°11.2′ West, then southwest 

to a point located at 57°19.9′ North, 

152°14.2′ West, and then northwest to a 

point located at 57°25.4′ North, 

152°28.2′ West, and then northeast to 

the point located at 57°29.8′ North, 

152°17.0′ West. All coordinates 

reference Datum: NAD 1983. 

(b) Enforcement periods. The safety 

zones in this section will be enforced 

from 2 a.m. to 11:30 a.m. during each 

day of a five-day launch window period 

from August 31, 2006 to September 30, 

2006. 

(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 1 contained in § 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: August 30, 2006. 

M. R. DeVries, 

Captain, U.S. Coast Guard, Captain of the 

Port, Western Alaska. 

[FR Doc. 06–8138 Filed 9–22–06; 8:45 am] 

BILLING CODE 4910–15–P 


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