Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 29129 

Congressional Review Act 

This action pertains to agency 

organization and management and does 

not substantially affect the rights or 

obligations of non-agency parties. 

Accordingly, it is not a ‘‘rule’’ as that 

term is used by the Congressional 

Review Act (Subtitle E of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA)). 

Therefore, the reporting requirement of 

5 U.S.C. 801 does not apply. 

List of Subjects in 28 CFR Part 0 

Authority delegations (Government 

agencies), Government employees, 

Organization and functions 

(Government agencies). 

■ Accordingly, by virtue of the authority 

vested in me as Attorney General, 

including 5 U.S.C. 301 and 28 U.S.C. 

509 and 510, part 0 of title 28 of the 

Code of Federal Regulations is amended 

as follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–19. 

§ 0.23a [Redesignated as § 0.24] 

■ 2. Section 0.23a, currently under 

Subpart D–2, is redesignated as § 0.24, 

transferred to new Subpart D–3, and 

revised to read as follows: 

Subpart D–3—Office of Information 

Policy 

§ 0.24 General functions. 

The Office of Information Policy shall 

be headed by a Director appointed by 

the Attorney General. The Director shall 

report to the Associate Attorney 

General. The following functions are 

assigned to, and shall be conducted, 

handled, or supervised by the Director 

of the Office of Information Policy: 

(a) Exercising the power and 

performing the functions vested in the 

Attorney General under 5 U.S.C. 552(e). 

(b) Developing, coordinating, and 

implementing policy with regard to the 

Freedom of Information Act (‘‘FOIA’’), 

including publishing guidance and 

other material related to FOIA matters; 

(c) Providing legal assistance and 

advice to government agencies and 

organizational components of the 

Department on questions regarding the 

interpretation and application of the 

FOIA; 

(d) Undertaking, arranging, or 

supporting training and informational 

programs concerning the FOIA for 

government agencies and the 

Department; 

(e) Responding to initial requests 

made under the FOIA and the Privacy 

Act for the Office of Information Policy, 

as well as for the following Leadership 

Offices: 

(i) Office of the Attorney General; 

(ii) Office of the Deputy Attorney 

General; 

(iii) Office of the Associate Attorney 

General; 

(iv) Office of Legal Policy; 

(v) Office of Legislative Affairs; 

(vi) Office of Public Affairs; 

(vii) Office of Intergovernmental and 

Public Liaison; and 

(viii) Any other Department 

component that the Attorney General 

assigns to the Office of Information 

Policy for responding to requests made 

to such component under the FOIA and 

the Privacy Act. 

(f) Acting on behalf of the Attorney 

General on FOIA and Privacy Act access 

administrative appeals for all 

components of the Department, except 

that a denial of a request by the 

Attorney General is the final action of 

the Department on that request; 

(g) Representing government agencies 

in civil litigation claims arising under 

the FOIA through and under the 

direction of the United States Attorney’s 

Office for the District of Columbia and 

any such other districts as may be 

designated; 

(h) Providing staff support to the 

Department Review Committee, 

established by § 17.14 of this chapter; 

and 

(i) Encouraging all Federal agencies 

that intend to deny FOIA requests 

raising novel issues to consult with the 

Office of Information Policy to the 

extent practicable. 

Dated: June 12, 2009. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. E9–14413 Filed 6–18–09; 8:45 am] 

BILLING CODE 4410–BE–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0110] 

RIN 1625–AA00 

Safety Zone; Thunder on Niagara, 

Niagara River, North Tonawanda, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing of a safety zone for a 

powerboat race 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 

a powerboat race. 

DATES: This rule is effective from 11 

a.m. August 29, 2009 to 6 p.m. August 

30, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0110 and are 

available online at http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0110 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is 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 or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On April 30, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; Thunder on 

Niagara, Niagara River, North 

Tonawanda, NY in the Federal Register 

(74 FR 82). We received no comments 

on the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

Temporary safety zones are necessary 

to ensure the safety of vessels and 

spectators from the hazards associated 

with powerboat races. Based on recent 

accidents that have occurred in other 

Captain of the Port zones, the Captain of 


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29130 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 

the Port Buffalo, has determined 

powerboat races 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 Comments and Changes 

There were no comments made to the 

proposed rule. Therefore, the temporary 

final rule is the same as the proposed 

rule. 

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 temporary final rule may affect 

the following entities, some of which 

might be small entities: The owners of 

operators of vessels intending to transit 

or anchor in the area designated as the 

safety zone by this rule. 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 temporary final 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 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), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 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 

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 

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. 


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Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 29131 

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 a regulated navigation area and 

as such is covered by this paragraph. 

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; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add new temporary § 165.T09– 

0110 to read as follows: 

§ 165.T09–0110 Safety Zone; Thunder on 

Niagara, Niagara River, North Tonawanda, 

NY. 

(a) Location. The following area is a 

temporary safety zone: all waters of the 

Upper Niagara River, North Tonawanda, 

NY within two miles of the Grand 

Island Bridge located at 42°03′36′′ N, 

078°54′45′′ W to 43°03′09′′ N, 078°55′21′′ 

W to 43°03′00′′ N, 078°53′42′′ W to 

43°02′42′′ N, 078°54′09′′ W. All 

Geographic coordinates are North 

American Datum of 1983 (NAD 83). 

(b) Effective Period. This regulation is 

effective from 11 a.m. August 29, 2009 

to 6 p.m. August 30, 2009. This zone 

will be enforced from 11 a.m. to 6 p.m. 

on August 29, 2009 and August 30, 

2009. 

(c) Regulations. The general 

regulations contained in 33 CFR 165.23 

apply. 

(1) 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. 

(2) 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 29, 2009. 

R.S. Burchell, 

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

Port Buffalo. 

[FR Doc. E9–14382 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0472] 

Safety Zones: Annual Events 

Requiring Safety Zones in the Captain 

of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zones for annual fireworks 

displays in the Captain of the Port 

Buffalo Zone during June 1, 2009 

through June 30, 2009. This action is 

necessary for the safety of life and 

property on navigable waters during 

these events. During the enforcement 

period, no person or vessel may enter 

the safety zones without the permission 

of the Captain of the Port Buffalo. 

DATES: The regulations in 33 CFR 

165.939(a)(10) and (a)(12) will be 

enforced on June 26, 2009 at 9:30 p.m. 

to 10:30 p.m. and June 27, 2009 at 8 

p.m. to 10 p.m. respectively. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail LT Brian Sadler, Waterways 

Management Division Chief, Coast 

Guard Sector Buffalo, 1 Fuhrmann 

Blvd., Buffalo, NY 14203; telephone 

716–843–9573, e-mail 

Brian.L.Sadler@USCG.MIL. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard will enforce the 

safety zone for the City of Syracuse 

Fireworks Celebration on Onondaga 

Lake Inner Harbor, Syracuse, NY in 33 

CFR 165.939(a)(10) on June 26, 2009 

from 9:30 p.m. to 10:30 p.m. and the 

safety zone for Rochester Harbor and 

Carousel Festival Fireworks on the 

Genesee River at Lake Ontario, 

Rochester, NY in 33 CFR 165.939(a)(12) 

on June 27, 2009 from 8 p.m. to 10 p.m. 

These regulations can be found in the 

May 19, 2008 issue of the Federal 

Register (73 FR 28704). 

Under the provisions of 33 CFR 

165.20, entry into, transiting, or 

anchoring within these safety zones is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated representative. Vessels that 

wish to transit through the safety zones 

may request permission from the 

Captain of the Port Buffalo. Requests 

must be made in advance and approved 

by the Captain of Port before transits 

will be authorized. Approvals will be 

granted on a case by case basis. The 

Captain of the Port may be contacted via 

U.S. Coast Guard Sector Buffalo on 

channel 16, VHF–FM. The Coast Guard 

will give notice to the public via a 

Broadcast to Mariners that the 

regulation is in effect. 

This notice is issued under authority 

of 33 CFR 165.939 and 5 U.S.C. 552(a). 

If the District Commander, Captain of 

the Port, or other official authorized to 

do so, 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 

safety zone. 

Dated: June 4, 2009. 

R.S. Burchell, 

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

Port Buffalo. 

[FR Doc. E9–14384 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0478] 

RIN 1625–AA00 

Safety Zone; Southside Summer 

Fireworks, St. Clair River, Port Huron, 

MI 

AGENCY: Coast Guard, DHS. 


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