Safety Zone; Gulf of Alaska, Narrow Cape, Kodiak Island, AK, 60559-60561 [E7-20978]
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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations
permission from the Coast Guard Patrol
Commander. Spectator vessels may
anchor outside the regulated area but
may not block a navigable channel.
Because these restrictions will be in
effect for a limited period, they should
not result in a significant disruption of
maritime traffic. The Coast Guard may
be assisted by other Federal, State, or
local law enforcement agencies in
enforcing this regulation.
This notice is issued under authority
of 33 CFR 100.511 and 5 U.S.C. 552(a).
In addition to this notice, the maritime
community will be provided extensive
advance notification via the Local
Notice to Mariners, marine information
broadcasts, local radio stations and area
newspapers, so mariners can adjust
their plans accordingly. If the Captain of
the Port or Patrol Commander
determines that the regulated area need
not be enforced for the full duration
stated in this notice, he or she may use
a Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
Dated: October 15, 2007.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander,
Fifth Coast Guard District.
[FR Doc. E7–20976 Filed 10–24–07; 8:45 am]
BILLING CODE 4910–15–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
rwilkins on PROD1PC63 with RULES
ACTION:
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
VerDate Aug<31>2005
18:00 Oct 24, 2007
Jkt 214001
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
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60559
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°29.8′ North,
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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations
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.
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.
rwilkins on PROD1PC63 with RULES
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
VerDate Aug<31>2005
18:00 Oct 24, 2007
Jkt 214001
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.
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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
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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations
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.
I For the reasons set out in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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 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 § 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
ENVIRONMENTAL PROTECTION
AGENCY
PART 165—[AMENDED]
40 CFR Parts 60, 61, and 63
1. The authority citation for part 165
continues to read as follows:
[FRL–8487–5]
I
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.
2. From September 28, 2007 to
October 31, 2007 add temporary
§ 165.T17–072 to read as follows:
I
rwilkins on PROD1PC63 with RULES
(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°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
18:00 Oct 24, 2007
Jkt 214001
Environmental Protection
Agency (EPA).
ACTION: Notice of delegation of
authority.
AGENCY:
§ 165.T17–072 Alaska Aerospace
Development Corporation, Safety Zone;
Gulf of Alaska, Narrow Cape, Kodiak Island,
AK.
VerDate Aug<31>2005
Delegation of Authority to the States of
Iowa, Kansas, Missouri, and Nebraska
for New Source Performance
Standards (NSPS); National Emission
Standards for Hazardous Air Pollutants
(NESHAP); and Maximum Achievable
Control Technology (MACT) Standards
The states of Iowa, Kansas,
Missouri, and Nebraska have submitted
updated regulations for delegation of
EPA authority for implementation and
enforcement of NSPS, NESHAP, and
MACT standards. The submissions
cover new EPA standards and, in some
instances, revisions to standards
previously delegated. EPA’s review of
the pertinent regulations shows that
they contain adequate and effective
procedures for the implementation and
SUMMARY:
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60561
enforcement of these Federal standards.
This action informs the public of
delegations to the above-mentioned
agencies.
This notice is effective on
October 25, 2007. The dates of
delegation can be found in the
SUPPLEMENTARY INFORMATION section of
this document.
ADDRESSES: Copies of documents
relative to this action are available for
public inspection during normal
business hours at the Environmental
Protection Agency, Air Planning and
Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101. The
interested persons wanting to examine
these documents should make an
appointment with the office at least 24
hours in advance.
Effective immediately, all
notifications, applications, reports, and
other correspondence required pursuant
to the newly delegated standards and
revisions identified in this document
must be submitted with respect to
sources located in the jurisdictions
identified in this document, to the
following addresses:
Iowa Department of Natural Resources,
Air Quality Bureau, 7900 Hickman
Road, Urbandale, Iowa 50322.
Kansas Department of Health and the
Environment, Bureau of Air and
Radiation, 1000 SW Jackson St., Ste.
310, Topeka, Kansas 66612–1367.
Missouri Department of Natural
Resources, Air Pollution Control
Program, PO Box 176, Jefferson City,
MO 65102–0176.
Nebraska Department of Environmental
Quality, Air Quality Division, 1200
‘‘N’’ Street, Suite 400, PO Box 98922,
Lincoln, NE 68509.
Duplicates of required documents
must also continue to be submitted to
the EPA Regional Office at the above
address.
DATES:
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton at (913) 551–7039, or
by e-mail at hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION: The
supplementary information is organized
in the following order:
What does this action do?
What is the authority for delegation?
What does delegation accomplish?
What has been delegated?
What has not been delegated?
List of Delegation Tables
Table I—NSPS, 40 CFR Part 60
Table II—NESHAP, 40 CFR Part 61
Table III—NESHAP, 40 CFR Part 63
What does this action do?
The EPA is providing notice of an
update to its delegable authority for
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]]>Agencies
[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Rules and Regulations]
[Pages 60559-60561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20978]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
