[Federal Register: November 23, 2007 (Volume 72, Number 225)]
[Rules and Regulations]
[Page 65669-65670]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23no07-9]
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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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