[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Proposed Rules]
[Pages 31681-31682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15423]


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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, AK

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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 intended affect of the 
proposed safety zone is to ensure the safety of human life and property 
during the rocket launch.

DATES: Comments must be received on or before July 10, 1998. The 
proposed safety zone is intended to become effective at 6 a.m. on 
September 1, 1998, and terminate at 10 p.m. on September 10, 1998.

ADDRESSES: Address all comments concerning this proposal rule to 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 (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 
September 1, 1998 and September 10, 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.
    The Coast Guard only recently became aware of the shape and extent 
of a potential debris path in the unlikely event that a launch is 
aborted. This information was needed to determine the size and shape of 
the safety zone protect people and vessels in the vicinity of the 
launch. Publication of a notice of proposed rulemaking within the usual 
ninety (90) day comment period is impracticable. A thirty (30) day 
comment period comment is justified to ensure that a safety zone is in 
place to protect the safety of human life and property in the 
trajectory path. The thirty (30) day comment period is also justified 
because vessel traffic is usually sparse within the safety zone and few 
comments are expected.

Discussion of the Regulation

    The proposed safety zone would include an area approximately 57 
square nautical miles in the Gulf of Alaska, southeast of Narrow cape, 
Kodiak Island, Alaska. Specifically, the proposed 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 by 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.

[[Page 31682]]

    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 proposed safety zone is intended to 
becomes effective at 6 a.m. on September 1, 1998, and terminate at 10 
p.m. on September 10, 1998.

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.

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 reads 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 zones.

    (a) Description. This safety zone includes 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 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 then 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 proposed regulation would become 
effective at 6 a.m. on September 1, 1998, and terminates at 10 p.m. on 
September 10, 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 
Sec. 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 onboard the U.S. Coast Guard 
cutter in the vicinity of Narrow Cape via VHF marine channel 16.

    Dated: June 1, 1998.
E.P. Thompson,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 98-15423 Filed 6-9-98; 8:45 am]
BILLING CODE 4910-15-M