[Federal Register Volume 72, Number 225 (Friday, November 23, 2007)]
[Rules and Regulations]
[Pages 65669-65670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22876]


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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, AK

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

ACTION: Final rule.

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SUMMARY: The Corps of Engineers is issuing a final rule establishing 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 restricted 
area is within an established moorage restriction area for the U.S. 
Navy. The restricted area will be marked on navigation charts to ensure 
security and safety for the public.

DATES: Effective Date: December 24, 2007.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. 
Olson), 441 G Street, NW, Washington, DC 20314-1000.

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: In the July 30, 2007, issue of the Federal 
Register (72 FR 41470), the Corps published a proposed rule to 
establish a restricted area in Kuluk Bay, Adak, Alaska. No comments 
were received in response to the proposed rule.
    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 is 
amending the restricted area regulations in 33 CFR 334 by adding Sec.  
334.1325 as a restricted area within Kuluk Bay, Adak, Alaska as 
described below. The restricted area is completely within an existing 
restricted area for the United States Navy in Kuluk Bay, Adak, Alaska, 
which was established at 33 CFR 334.1320 and designated on NOAA chart 
16475.

Procedural Requirements

    a. Review under Executive Order 12866. This 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 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 has determined that the establishment of this 
restricted area would have practically no economic impact on the public 
and no anticipated navigational hazard or interference with existing 
waterway traffic. Accordingly, the Corps certifies that this regulation 
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 has determined that this 
regulation 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 has been 
prepared. It may be reviewed at the district office listed at the end 
of FOR FURTHER INFORMATION CONTACT, above.
    d. Unfunded Mandates Act. This 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.
    e. Submission to Congress and the General Accountability Office. 
Pursuant to Section 801(a)(1)(A) of the Administrative Procedure Act, 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, the Corps has submitted a report containing this rule to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the General Accountability Office. This rule is not a major rule 
within the meaning of section 804(2) of the Administrative Procedure 
Act, as amended.

List of Subjects in 33 CFR Part 334

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

0
For the reasons set out in the preamble, the Corps amends part 334 as 
follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
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).


0
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.


[[Page 65670]]


    Dated: November 16, 2007.
Lawrence A. Lang,
Deputy, Operations, Directorate of Civil Works.
 [FR Doc. E7-22876 Filed 11-21-07; 8:45 am]
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