Safety Zone; Gulf of Alaska, Narrow Cape, Kodiak Island, AK, 60559-60561 [E7-20978]

Download as PDF 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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, E:\FR\FM\25OCR1.SGM 25OCR1 60560 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. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 E:\FR\FM\25OCR1.SGM 25OCR1 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: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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 E:\FR\FM\25OCR1.SGM 25OCR1

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]


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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