[Federal Register Volume 72, Number 145 (Monday, July 30, 2007)]
[Proposed Rules]
[Pages 41470-41471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14651]


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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


United States Army restricted area, Kuluk Bay, Adak, Alaska

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers is proposing to establish a restricted 
area within Kuluk Bay, Adak, Alaska. The purpose of this restricted 
area is to ensure the security and safety of the Sea Based Radar, its 
crew, and other vessels transiting the area. The proposed restricted 
area is within an established moorage restriction area for the U.S. 
Navy. The restricted area will be marked on navigation charts as a 
restricted area to insure security and safety for the public.

DATES: Written comments must be submitted on or before August 29, 2007.

ADDRESSES: You may submit comments, identified by docket number COE-
2007-0023, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: [email protected]. Include the docket number 
COE-2007-0023 in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. Olson), 
441 G Street, NW., Washington, DC 20314-1000.

[[Page 41471]]

    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2007-0023. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
e-mail. The regulations.gov Web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail directly to the Corps without going through regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, we recommend that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If we cannot read your 
comment because of technical difficulties and cannot contact you for 
clarification, we may not be able to consider your comment. Electronic 
comments should avoid the use of any special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. All documents in 
the docket are listed. Although listed in the index, some information 
is not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.
    Consideration will be given to all comments received within 30 days 
of the date of publication of this notice.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 
(202) 761-4922, or Mr. Leroy Phillips, Corps of Engineers, Alaska 
District, Regulatory Branch, at (907) 753-2828.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of 
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C.1) and 
Chapter XIX, of the Army Appropriations Act of 1919 (40 Stat. 892; 33 
U.S.C.3), the Corps proposes to amend the restricted area regulations 
in 33 CFR Part 334 by adding Sec.  334.1325 as a restricted area within 
Kuluk Bay, Adak, Alaska as described below. The proposed restricted 
area is completely within a moorage restriction area for the United 
States Navy in Kuluk Bay, Adak, Alaska, which was established at 33 CFR 
334.1320 and is designated on NOAA chart 16475.

Procedural Requirements

    a. Review under Executive Order 12866. This proposed rule is issued 
with respect to a military function of the Defense Department and the 
provisions of Executive Order 12866 do not apply.
    b. Review under the Regulatory Flexibility Act. This proposed rule 
has been reviewed under the Regulatory Flexibility Act (Pub. L. 96-354) 
which requires the preparation of a regulatory flexibility analysis for 
any regulation that will have a significant economic impact on a 
substantial number of small entities (i.e., small businesses and small 
Governments). The Corps expects that the economic impact of the 
identification of this restrictive area would have practically no 
impact on the public, no anticipated navigational hazard or 
interference with existing waterway traffic, and accordingly, certifies 
that this proposed regulation, if adopted, will have no significant 
economic impact on small entities.
    c. Review under the National Environmental Policy Act. Due to the 
administrative nature of this action and because there is no intended 
change in the use of the area, the Corps expects that this regulation, 
if adopted, will not have a significant impact to the quality of the 
human environment and therefore preparation of an environmental impact 
statement is not required. An environmental assessment will be prepared 
after the public notice period is closed and all comments have been 
received and considered. It may be reviewed at the district office 
listed at the end of FOR FURTHER INFORMATION CONTACT, above.
    d. Unfunded Mandates Act. This proposed rule does not impose an 
enforceable duty among the private sector and, therefore, it is not a 
Federal private sector mandate and it is not subject to the 
requirements of either Section 202 or Section 205 of the Unfunded 
Mandates Act. We have also found under Section 203 of the Act, that 
small governments will not be significantly and uniquely affected by 
this rulemaking.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.

    For the reasons set out in the preamble, the Corps proposes to 
amend 33 CFR Part 334 as follows:

PART 334-DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for 33 CFR Part 334 continues to read as 
follows:

    Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

    2. Add Sec.  334.1325 to read as follows:


Sec.  334.1325  United States Army restricted area, Kuluk Bay, Adak, 
Alaska.

    (a) The area. The area within a radius 1,000 yards around the Sea 
Base Radar mooring site in all directions from latitude 
51[deg]53'05.4'' N, longitude 176[deg]33'47.4'' W (NAD 83).
    (b) The regulation. (1) No vessel, person, or other craft shall 
enter or remain in the restricted area except as may be authorized by 
the enforcing agency.
    (2) A ring of eight lighted and marked navigation buoys marking the 
perimeter of the mooring anchor system will provide a visible distance 
reference at a radius of approximately 800 yards from latitude 
51[deg]53'05.4'' N, longitude 176[deg]33'47.4'' W (NAD 83). Each buoy 
has a white light, flashing at 3 second intervals with a 2 nautical 
mile range. Vessels, persons or other craft must stay at least 200 
yards outside the buoys.
    (3) The regulation in this section shall be enforced by personnel 
attached to the Missile Defense Agency and/or by such other agencies as 
the Director, MDA-AK, Fort Richardson, Alaska, may designate.

    Dated: July 25, 2007.
Mark Sudol,
Acting Chief, Operations, Directorate of Civil Works.
 [FR Doc. E7-14651 Filed 7-27-07; 8:45 am]
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