23796 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0343] 

RIN 1625–AA00 

Safety Zone; ESL Air and Water Show, 

Lake Ontario, Ontario Beach Park, 

Rochester, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone for an air and 

water show in the Captain of the Port 

Buffalo zone. This rule is intended to 

restrict vessels from areas of water 

during events that pose a hazard to 

public safety. The safety zone 

established by this rule is necessary to 

protect spectators, participants, and 

vessels from the hazards associated with 

an air and water show. 

DATES: This rule is effective from 10 

a.m. May 28, 2009 through 4:30 p.m. 

May 31, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0343 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays, and the Coast 

Guard Sector Buffalo, 1 Fuhrmann 

Blvd., Buffalo, NY, 14203 between 8 

a.m. and 4 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Lieutenant Brian Sadler, 

Prevention Department, U.S. Coast 

Guard Sector Buffalo, at (716) 843–9385. 

If you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is necessary to ensure 

the safety of vessels, spectators, 

participants, and others in the vicinity 

of the marine event on the dates and 

times this rule will be in effect and 

delay would be contrary to the public 

interest. 

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 because delaying the effective 

date would be contrary to the public 

interest, since immediate action is 

needed to ensure the public’s safety. 

Background and Purpose 

Temporary safety zones are necessary 

to ensure the safety of vessels and 

spectators from the hazards associated 

with air and water shows. Based on 

accidents that have occurred in other 

Captain of the Port zones, the Captain of 

the Port Buffalo has determined air and 

water shows pose significant risks to 

public safety and property. The likely 

combination of large numbers of 

recreational vessels, congested 

waterways, and alcohol use could easily 

result in serious injuries or fatalities. 

Discussion of Rule 

The rule and associated safety zones 

are necessary to ensure the safety of 

vessels and people during events in the 

Captain of the Port Buffalo area of 

responsibility that may pose a hazard to 

the public. The safety zone is described 

in subparagraph (1) of this regulation. 

The safety zone will be enforced only 

immediately before and during the 

event which poses a hazard to the 

public and only upon notice by the 

Captain of the Port. The Captain of the 

Port Buffalo will cause notice of 

enforcement of the safety zone 

established by this section to be made 

by all appropriate means to the affected 

segments of the public including 

publication in the Federal Register, in 

accordance with 33 CFR 165.7(a). Such 

means of notification may also include, 

but are not limited to Broadcast Notice 

to Mariners or Local Notice to Mariners. 

The Captain of the Port will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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 costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

The Coast Guard’s use of this safety 

zone will be periodic in nature, of short 

duration, and designed to minimize the 

impact on navigable waters. This safety 

zone will only be enforced immediately 

before and during the time the event 

occurs. Furthermore, this safety zone 

has been designed to allow vessels to 

transit unrestricted to portions of the 

waterway not affected by the safety 

zone. The Coast Guard expects 

insignificant adverse impact to mariners 

from the activation of this safety zone. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact 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 of 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 would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the area designated as the safety zone in 

subparagraph (1) during the date and 

time the safety zone is being enforced. 

This safety zone would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. The safety zone 

in this rule would be in effect for short 

periods of time and only once per year. 

The safety zone has been designed to 

allow traffic to pass safely around the 

zone whenever possible and vessels will 


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Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Rules and Regulations 23797 

be allowed to pass through the zone 

with the permission of the Captain of 

the Port. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact LT Brian 

Sadler, Prevention Department, Coast 

Guard Sector Buffalo, Buffalo, NY at 

(716) 843–9385. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

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 it 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 

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 

an economically significant rule and 

does not create 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 does 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. 

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 

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 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone and, therefore, paragraph (34)(g) of 

the Instruction applies. An 

environmental analysis checklist and a 

categorical exclusion determination are 

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. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add a new temporary § 165.T09– 

0343 to read as follows: 

§ 165.T09–0343 Safety Zone; ESL Air and 

Water Show, Lake Ontario, Ontario Beach 

Park, Rochester, NY. 

(a) Location. The following area is a 

temporary safety zone: All waters at the 

head of the Genesee River and Lake 

Ontario surrounding Ontario Beach Park 


dwashington3 on PROD1PC60 with RULES
23798 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Rules and Regulations 

located at 43°16′18.202′′ N., 

077°36′38.919′′ W., 43°15′53.209′′ N., 

077°37′00.698′′ W., 43°15′46.366′′ N., 

077°35′30.524′′ W., 43°15′21.376′′ N., 

077°35′52.307′′ W. All Geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

(b) Effective Period. This regulation is 

effective from 10 a.m., May 28, 2009 

through 4:30 p.m., May 31, 2009. This 

zone will be enforced from 10 a.m. to 

4:30 p.m. May 28, 2009 through May 31, 

2009. 

(c) Regulations. 

(1) The general regulations contained 

in 33 CFR 165.23 apply. 

(2) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated on scene patrol personnel. 

Coast Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. Upon 

being hailed by a U.S. Coast Guard 

vessel via siren, radio, flashing light, or 

other means, the operator shall proceed 

as directed. 

(3) Commercial vessels may request 

permission from the Captain of the Port 

Buffalo to transit the safety zone. 

Approval will be made on a case-bycase basis. Requests must be made in 

advance and approved by the Captain of 

the Port before transits will be 

authorized. The Captain of the Port may 

be contacted via U.S. Coast Guard 

Sector Buffalo on Channel 16, VHF–FM. 

Dated: May 1, 2009. 

R.S. Burchell, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. E9–11836 Filed 5–20–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 302, 303 and 307 

RIN 0970–AC01 

State Parent Locator Service; 

Safeguarding Child Support 

Information 

AGENCY: Office of Child Support 

Enforcement (OCSE), Administration for 

Children and Families (ACF), 

Department of Health and Human 

Services. 

ACTION: Delay of effective date. 

SUMMARY: In accordance with the 

memorandum of January 20, 2009, from 

the Assistant to the President and Chief 

of Staff, entitled ‘‘Regulatory Review,’’ 

this action delays until December 30, 

2010, the effective date of the final rule 

entitled ‘‘State Parent Locator Service; 

Safeguarding Child Support 

Information,’’ published in the Federal 

Register on September 26, 2008 (73 FR 

56422). The delay in effective date is 

necessary to give Department officials 

the opportunity for further review of the 

issues of law and policy raised by this 

rule. 

DATES: The effective date of the rule 

amending 45 CFR parts 302, 303, and 

307 published in the September 26, 

2008 Federal Register (73 FR 56442), 

which was delayed on March 20, 2009 

(74 FR 11879), is further delayed until 

December 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Yvette Riddick, Office of Child Support 

Enforcement, Division of Policy, (202) 

401–4885. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 26, 2008, a final rule 

following notice and comment period 

entitled ‘‘State Parent Locator Service; 

Safeguarding Child Support 

Information’’ was published in the 

Federal Register [73 FR 56422] to 

address requirements for State Parent 

Locator Service responses to authorized 

location requests, State IV–D program 

safeguarding of confidential 

information, authorized disclosures of 

this information, and restrictions on the 

use of confidential data and information 

for child support purposes with 

exceptions for certain disclosures 

permitted by statute. The effective date 

given for the final rule was March 23, 

2009. 

In accordance with the memorandum 

of January 20, 2009, from the Assistant 

to the President and Chief of Staff 

entitled ‘‘Regulatory Review’’ [74 FR 

4435], on March 3, 2009, we published 

a notice in the Federal Register [74 FR 

9171], seeking public comment on a 

contemplated delay of 60 days in the 

effective date of the rule entitled ‘‘State 

Parent Locator Service; Safeguarding 

Child Support Information.’’ In response 

to comment, the Department issued a 

subsequent notice on March 20, 2009 

[74 FR 11879] delaying the effective 

date of the September 26, 2008 rule by 

60 days until May 22, 2009, in order to 

permit officials of the new 

Administration an opportunity to 

review and approve the policies in the 

regulation. 

However, subsequent to publication 

of the March 20, 2009 notice, we 

determined that additional time would 

be needed for Department officials to 

complete their review of the rule and to 

assess fully the comments received in 

response to the March 3, 2009 notice. As 

a result, on April 15, 2009, a notice was 

published in the Federal Register [74 

FR 17445] indicating that the 

Department was contemplating a further 

delay in the effective date of the ‘‘State 

Parent Locator; Safeguarding Child 

Support Information’’ final rule to 

December 30, 2010. As discussed below, 

the April 15, 2009 notice generated 

three comments, all of which supported 

the December 30, 2010 effective date. 

II. Provision of This Action 

This action further delays the 

effective date of the September 26, 2008 

final rule. The effective date of the final 

rule which would have been May 22, 

2009, is now December 30, 2010. The 

delay in the effective date is necessary 

to give Department officials the 

opportunity for further review of the 

issues of law and policy raised by the 

rule. 

III. Comments Received in Response to 

the April 15, 2009 Notice 

We received three comments in 

response to the April 15, 2009 notice 

with comment period on the 

contemplated delay in the effective date 

of the ‘‘State Parent Locator Service; 

Safeguarding Child Support 

Information’’ final rule. Although the 

April 15, 2009 notice invited comments 

on the contemplated extension of the 

effective date of the regulation to 

December 30, 2010, it also generated 

comments recommending changes to 

substantive areas of the final rule. All 

commenters supported the delayed 

effective date and as a result, we are 

delaying the effective date of the rule to 

December 30, 2010 to allow sufficient 

time for Department officials to review 

issues of law and policy raised by the 

rule. 

A summary of the comments received 

follows: 

Comments: All three commenters 

supported the contemplated delay in the 

effective date. Two of the commenters 

also provided comments that are 

substantive in nature. One commenter 

was concerned about the provisions of 

the rule that authorize disclosure of 

State child support data to private child 

support collection agencies (PCAs), 

companies that do not operate under a 

contract with the State or county child 

support program, but instead contract 

directly with custodial parents. The 

same commenter also recommended 

that the Department review the child 

welfare provision of the rule to ensure 

that it fully complies with the Fostering 

Connections to Success and Increasing 


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