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Federal Register / Vol. 72, No.

115 / Friday, June 15, 2007 / Proposed Rules 33181

(a) The Office of the Secretary of policies and procedures that govern (3) Establish one or more FOIA
Defense (OSD), the Military administration of the program. Requester Service Centers as prescribed
Departments, the Chairman of the Joint (3) Designate the FOIA Public by E.O. 13392.
Chiefs of Staff, the Combatant Liaisons for the Department of Defense (4) Submit names of personnel to the
Commands, the Office of the Inspector in accordance with E.O. 13392. The DA&M for designation as FOIA Public
General of the Department of Defense, FOIA Public Liaison for OSD, the Liaisons.
the Defense Agencies, the DoD Field Chairman of the Joint Chiefs of Staff, (5) Ensure their respective chains of
Activities, and all other organizational and the Combatant Commands shall be command, affected legal advisors,
entities in the Department of Defense appointed from the Defense Freedom of public affairs officers, and legislative
(hereafter referred to collectively as the Information Policy Office (DFOIPO). affairs officers are aware of releases
‘‘DoD Components’’). (4) Prepare and submit to the Attorney through the FOIA, inclusive of releases
(b) National Security Agency/Central General the DoD Annual Freedom of through litigation channels, that may be
Security Service records, unless the Information Act Report as required by 5 of significant public, media, or
records are exempt according to 50 U.S.C., and other reports as required by Congressional interest, or of interest to
U.S.C. 402. E.O. 13392. senior DoD officials.
(c) Defense Intelligence Agency, (6) Conduct training on the provisions
National Reconnaissance Office, and (5) Serve as the appellate authority for
appeals to the decisions of the of this part, 5 U.S.C. 552, and 32 CFR
National Geospatial-Intelligence Agency part 286 for officials and employees
records, unless the records are exempt respective Initial Denial Authorities
within OSD, the Chairman of the Joint who implement the FOIA.
according to 50 U.S.C. 403–5e, 10 U.S.C. (7) Submit to DFOIPO inputs to the
424 and 455, or other applicable law. Chiefs of Staff, the DoD Field Activities
(listed in 32 CFR part 286), and the DoD FOIA Annual Report prescribed in
§ 295.3 Policy. Combatant Commands. The DA&M or 32 CFR part 286 and E.O. 13392.
(8) Make records specified in 5 U.S.C.
It is DoD policy to: Washington Headquarters Services
(a) Promote public trust by making the 552(a)(2), unless such records are
(WHS) staff.
maximum amount of information published and copies are offered for
(6) Prepare and maintain a DoD
available to the public, in both hard sale, available for public inspection and
issuance and other discretionary
copy and electronic formats, on the copying in an appropriate facility or
information to ensure timely and
operation and activities of the facilities, according to rules published
reasonably uniform implementation of
Department of Defense, consistent with in the Federal Register. These records
the FOIA in the Department of Defense.
the DoD responsibility to protect shall be made availale to the public in
(b) The Director, WHS, under the both hard copy and electronic formats.
national security and other sensitive authority, direction, and control of the
DoD information. (9) Maintain and make current indices
DA&M, shall administer the FOIA of all records available for public
(b) Allow a requester to obtain records Program, inclusive of training, for OSD
from the Department of Defense that are inspection and copying, a required by 5
and the Chairman of the Joint Chiefs of U.S.C. 552(a)(2).
available through other public Staff.
information services without invoking § 285.5 Information requirement.
(c) The General Counsel of the
the FOIA.
(c) Make available, according to the Department of Defense shall: The reporting requirements of 32 CFR
procedures established by 5 U.S.C. 552, (1) Provide uniformity in the legal part 286 have been assigned Report
DoD records requested by a member of interpretation of this part. Control Symbol D–DA&M(A)1365 in
the public who explicitly or implicitly (2) Ensure affected OSD legal accordance with DoD 8910.1–M.
cites the FOIA. advisors, public affairs officers, and Dated: June 11, 2007
(d) Answer promptly all other legislative affairs officers are aware of L.M. Bynum,
requests for DoD information and releases through litigation channels that Alternate OSD Federal Register Liaison
records under established procedures may be of significant public, media, or Officer, DoD.
and practices. Congressional interest, or of interest to [FR Doc. 07–2950 Filed 6–14–07; 8:45 am]
(e) Release DoD records to the public senior DoD officials. BILLING CODE 5401–06–M
unless those records are exempt from (3) Establish procedures to centralize
disclosure as outlined in 5 U.S.C. 552. processing of FOIA litigation documents
(f) Process requests by individuals for when deemed necessary. DEPARTMENT OF HOMELAND
access to records themselves contained (d) The Under Secretary of Defense for SECURITY
in a Privacy Act system of records Intelligence shall establish uniform
according to the procedures set forth in procedures regarding the Coast Guard
32 CFR part 310 and this part, as declassification of national security
amplified by 32 CFR part 286. information made pursuant to requests 33 CFR Part 165
(g) Provide FOIA requesters with invoking the FOIA.
citizen-centered ways to learn about the [CGD09–07–031]
(e) The Heads of the DoD Components
FOIA process, about DoD records that shall: RIN 1625–AA00
are publicly available, and about the (1) Internally administer the DoD
status of a FOIA request and appropriate FOIA Program; publish any instructions Safety Zone; Roostertail Fireworks,
information about the DoD response. necessary for the administration of this Detroit River, Detroit, MI
§ 285.4 Responsibilities. part within their Components that are AGENCY: Coast Guard, DHS.
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(a) The Director, Administration and not prescribed by this part or by other ACTION: Notice of proposed rulemaking.
Management (DA&M), shall: DA&M issuances in the Federal
(1) Serve as the DoD Chief FOIA Register. SUMMARY: The Coast Guard proposes
Officer in accordance with E.O. 13392. (2) Serve as, or appoint another establishing a temporary safety zone on
(2) Direct and oversee the DoD FOIA Component official as, the FOIA the Detroit River, Detroit, Michigan.
Program to ensure compliance with the appellate authority for the Component. This Zone is intended to restrict vessels

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33182 Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules

from portions of the Detroit River during and spectators from hazards associated an area where the Coast Guard expects
the Roostertail Fireworks display. This with a fireworks display. Based on insignificant adverse impact to mariners
temporary safety zone is necessary to accidents that have occurred in other from the zones’ activation.
protect spectators and vessels from the Captain of the Port zones and the
Small Entities
hazards associated with fireworks explosive hazards of fireworks, the
displays. Captain of the Port Detroit has Under the Regulatory Flexibility Act
determined fireworks launches in close (5 U.S.C. 601–612), we have considered
DATES: Comments and related material
proximity to watercraft pose significant whether this proposed rule would have
must reach the Coast Guard on or before a significant economic impact on a
July 2, 2007. risk to public safety and property. The
likely combination of large numbers of substantial number of small entities.
ADDRESSES: You may mail comments The term ‘‘small entities’’ comprises
recreation vessels, congested waterways,
and related material to U.S. Coast Guard small businesses, not-for-profit
darkness punctuated by bright flashes of
Sector Detroit, 110 Mt. Elliot Ave., organizations that are independently
light, alcohol use, and debris falling into
Detroit, MI 48207. U.S. Coast Guard owned and operated and are not
the water could easily result in serious
Sector Detroit maintains the public dominant in their fields, and
injuries or fatalities. Establishing a
docket for this rulemaking. Comments governmental jurisdictions with
safety zone to control vessel movement
and material received from the public, populations of less than 50,000.
around the location of the launch
as well as documents indicated in this The Coast Guard certifies under 5
platform will help ensure the safety of
preamble as being available in the U.S.C. 605(b) that this proposed rule
persons and property at these events
docket, will become part of this docket would not have a significant economic
and help minimize the associated risks.
and will be available for inspection or impact on a substantial number of small
copying at U.S. Coast Guard Sector Discussion of Proposed Rule entities. This rule will affect the
Detroit, 110 Mt. Elliot Ave., Detroit, MI A temporary safety zone is necessary following entities, some of which may
48207 between 8 a.m. and 4 p.m., to ensure the safety of spectators and be small entities: The owners or
Monday through Friday, except Federal vessels during the setup, loading and operators of vessels intending to transit
holidays. launching of a fireworks display in or anchor in a portion of the Detroit
FOR FURTHER INFORMATION CONTACT: LT conjunction with the Roostertail River between Detroit and Belle Isle
Jeff Ahlgren, Waterways Management, Fireworks display. The fireworks near the Roostertail Restaurant between
U.S. Coast Guard Sector Detroit, 110 display will occur between 9 p.m. and 9 p.m. and 11 p.m. on July 21, 2007.
Mount Elliot Ave., Detroit, MI 48207; 11 p.m. on July 21, 2007. This safety zone will not have a
(313) 568–9580. The safety zone for the July 21, 2007 significant economic impact on a
SUPPLEMENTARY INFORMATION: fireworks will encompass all waters substantial number of small entities for
south and west of the Roostertail the following reasons. This rule will be
Request for Comments Restaurant on the North shore of the in effect for only 2 hours. Vessel traffic
We encourage you to participate in Detroit River within a 300 foot radius of can pass safely around the safety zone.
this rulemaking by submitting the fireworks barge located at 42– In the event that this temporary safety
comments and related material. If you 21′16.67″ N; 082–58′20.41″ W. All zone affects shipping, commercial
do so, please include your name and geographic coordinates are North vessels may request permission from the
address, identify the docket number for American Datum of 1983 (NAD 83). Captain of the Port Detroit to transit
this rulemaking (CGD09–07–031), All persons and vessels shall comply through the safety zone. The Coast
indicate the specific section of this with the instructions of the Coast Guard Guard will give notice to the public via
document to which each comment Captain of the Port or the designated on- a Broadcast Notice to Mariners that the
applies, and give the reason for each scene representative. Entry into, regulation is in effect.
comment. Please submit all comments transiting, or anchoring within the If you think that your business,
and related material in an unbound safety zone is prohibited unless organization, or governmental
format, no larger than 81⁄2 by 11 inches, authorized by the Captain of the Port jurisdiction qualifies as a small entity
suitable for copying. If you would like Detroit or his designated on-scene and that this rule would have a
to know they reached us, please enclose representative. The Captain of the Port significant economic impact on it,
a stamped, self-addressed postcard or or his designated on-scene please submit a comment (see
envelope. We will consider all representative may be contacted via ADDRESSES) explaining why you think it
comments and material received during VHF Channel 16. qualifies and how and to what degree
the comment period. We may change this rule would economically affect it.
Regulatory Evaluation
this proposed rule in view of them. Assistance for Small Entities
This proposed rule is not a
Public Meeting ‘‘significant regulatory action’’ under Under section 213(a) of the Small
We do not now plan to hold a public section 3(f) of Executive Order 12866, Business Regulatory Enforcement
meeting. But you may submit a request Regulatory Planning and Review, and Fairness Act of 1996 (Pub. L. 104–121),
for a meeting by writing to U.S. Coast does not require an assessment of we want to assist small entities in
Guard Sector Detroit at the address potential costs and benefits under understanding this proposed rule so that
under ADDRESSES explaining why one section 6(a)(3) of that Order. The Office they can better evaluate its effects on
would be beneficial. If we determine of Management and Budget has not them and participate in the rulemaking.
that one would aid this rulemaking, we reviewed it under that Order. If the rule would affect your small
will hold one at a time and place We expect the economic impact of business, organization, or governmental
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announced by a later notice in the this proposed rule to be so minimal that jurisdiction and you have questions
Federal Register. a full Regulatory Evaluation is concerning its provisions or options for
unnecessary. compliance, please contact LT Jeff
Background and Purpose This determination is based on the Ahlgren, Waterways Management, U.S.
This temporary safety zone is minimal time that vessels will be Coast Guard Sector Detroit, 110 Mount
necessary to ensure the safety of vessels restricted from the zone and the zone is Elliot Ave., Detroit, MI 48207; (313)–

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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules 33183

568–9580. The Coast Guard will not Moreover, the Coast Guard is committed Environment
retaliate against small entities that to working with Tribal Governments to
We have analyzed this proposed rule
question or complain about this rule or implement local policies and to mitigate under Commandant Instruction
any policy or action of the Coast Guard. tribal concerns. We have determined M16475.lD and Department of
that this safety zone and fishing rights Homeland Security Management
Collection of Information
protection need not be incompatible. Directive 5100.1, which guide the Coast
This proposed rule would call for no We have also determined that this
new collection of information under the Guard in complying with the National
Proposed Rule does not have tribal Environmental Policy Act of 1969
Paperwork Reduction Act of 1995 (44 implications under Executive Order
U.S.C. 3501–3520.). (NEPA) (42 U.S.C. 4321–4370f), and
13175, Consultation and Coordination have made a preliminary determination
Federalism with Indian Tribal Governments, that this action is not likely to have a
because it does not have a substantial significant effect on the human
A rule has implications for federalism direct effect on one or more Indian
under Executive Order 13132, environment. Draft documentation
tribes, on the relationship between the supporting this preliminary
Federalism, if it has a substantial direct Federal Government and Indian tribes,
effect on State or local governments and determination is available in the docket
or on the distribution of power and where indicated under ADDRESSES. We
would either preempt State law or responsibilities between the Federal
impose a substantial direct cost of seek any comments or information that
Government and Indian tribes. may lead to the discovery of a
compliance on them. We have analyzed Nevertheless, Indian Tribes that have
this proposed rule under that Order and significant environmental impact from
questions concerning the provisions of this proposed rule.
have determined that it does not have this Proposed Rule or options for
implications for federalism. compliance are encouraged to contact List of Subjects in 33 CFR Part 165
Unfunded Mandates Reform Act the point of contact listed under FOR Harbors, Marine Safety, Navigation
FURTHER INFORMATION CONTACT. (water), Reporting and recordkeeping
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires Energy Effects requirements, Security measures,
Federal agencies to assess the effects of Waterways.
their discretionary regulatory actions. In We have analyzed this proposed rule For the reasons discussed in the
particular, the Act addresses actions under Executive Order 13211, Actions preamble, the Coast Guard proposes to
that may result in the expenditure by a Concerning Regulations That amend 33 CFR part 165 as follows:
State, local, or tribal government, in the Significantly Affect Energy Supply,
aggregate, or by the private sector of Distribution, or Use. We have PART 165—REGULATED NAVIGATION
$100,000,000 or more in any one year. determined that it is not a ‘‘significant AREAS AND LIMITED ACCESS AREAS
Though this proposed rule would not energy action’’ under that order because 1. The authority citation for part 165
result in such expenditure, we do it is not a ‘‘significant regulatory action’’ continues to read as follows:
discuss the effects of this rule elsewhere under Executive Order 12866 and is not
in this preamble. likely to have a significant adverse effect Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
on the supply, distribution, or use of
Taking of Private Property 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
energy. The Administrator of the Office 107–295, 116 Stat. 2064; Department of
This proposed rule would not affect a of Information and Regulatory Affairs Homeland Security Delegation No. 0170.1.
taking of private property or otherwise has not designated it as a significant
have taking implications under energy action. Therefore, it does not 2. Add § 165.T09–031 to read as
Executive Order 12630, Governmental require a Statement of Energy Effects follows:
Actions and Interference with under Executive Order 13211. § 165.T09–031 Safety Zone; Roostertail
Constitutionally Protected Property Fireworks, Detroit River, Detroit, MI.
Rights. Technical Standards
(a) Location. The following area is a
Civil Justice Reform The National Technology Transfer temporary safety zone: All waters south
and Advancement Act (NTTAA) (15 and west of the Roostertail Restaurant
This proposed rule meets applicable
U.S.C. 272 note) directs agencies to use on the North shore of the Detroit River
standards in sections 3(a) and 3(b)(2) of
voluntary consensus standards in their within a three hundred foot radius of
Executive Order 12988, Civil Justice
regulatory activities unless the agency the fireworks barge located at 42–
Reform, to minimize litigation,
provides Congress, through the Office of 21′16.67″ N; 082–58′20.41″ W. (NAD
eliminate ambiguity, and reduce
Management and Budget, with an 83).
burden.
explanation of why using these (b) Effective period. This regulation is
Protection of Children standards would be inconsistent with effective from 9 p.m. until 11 p.m. on
We have analyzed this proposed rule applicable law or otherwise impractical. July 21, 2007.
under Executive Order 13045, Voluntary consensus standards are (c) Regulations. (1) In accordance with
Protection of Children from technical standards (e.g., specifications the general regulations in section 165.23
Environmental Health Risks and Safety of materials, performance, design, or of this part, entry into, transiting, or
Risks. This rule is not an economically operation; test methods; sampling anchoring within this safety zone is
significant rule and would not create an procedures; and related management prohibited unless authorized by the
environmental risk to health or risk to systems practices) that are developed or Captain of the Port Detroit, or his
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safety that might disproportionately adopted by voluntary consensus designated on-scene representative.
affect children. standards bodies. (2) This safety zone is closed to all
This proposed rule does not use vessel traffic, except as may be
Indian Tribal Governments technical standards. Therefore, we did permitted by the Captain of the Port
The Coast Guard recognizes the treaty not consider the use of voluntary Detroit or his designated on-scene
rights of Native American Tribes. consensus standards. representative.

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33184 Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Proposed Rules

(3) The ‘‘designated on-scene as well as documents indicated in this platform will help ensure the safety of
representative’’ of the Captain of the preamble as being available in the persons and property at these events
Port is any Coast Guard commissioned, docket, will become part of this docket and help minimize the associated risks.
warrant, or petty officer who has been and will be available for inspection or
Discussion of Proposed Rule
designated by the Captain of the Port to copying at U.S. Coast Guard Sector
act on his behalf. The designated on- Detroit, 110 Mt. Elliot Ave., Detroit, MI A temporary safety zone is necessary
scene representative of the Captain of 48207 between 8 a.m. and 4 p.m., to ensure the safety of spectators and
the Port will be aboard either a Coast Monday through Friday, except Federal vessels during the setup, loading and
Guard or Coast Guard Auxiliary vessel. holidays. launching of a fireworks display in
The Captain of the Port or his FOR FURTHER INFORMATION CONTACT: LT conjunction with the Marine City
designated on-scene representative may Jeff Ahlgren, Waterways Management, Maritime Festival Fireworks display.
be contacted via VHF Channel 16. U.S. Coast Guard Sector Detroit, 110 Mt. The fireworks display will occur
(4) Vessel operators desiring to enter Elliot Ave., Detroit, MI 48207; (313) between 9:30 p.m. (local) and 11:30 p.m.
or operate within the safety zone shall 568–9580. (local), September 22, 2007. If this event
contact the Captain of the Port Detroit SUPPLEMENTARY INFORMATION: does not take place at the scheduled
or his designated on-scene time and date due to adverse weather,
representative to obtain permission to Request for Comments the fireworks display will occur
do so. Vessel operators given permission We encourage you to participate in between 9:30 p.m. (local) and 11:30
to enter or operate in the safety zone this rulemaking by submitting p.m., September 23, 2007.
must comply with all directions given to comments and related material. If you The safety zone for the fireworks will
them by the Captain of the Port or his do so, please include your name and encompass all waters of the St. Clair
designated on-scene representative. address, identify the docket number for River enclosed by a line connecting the
this rulemaking (CGD09–06–016), following points: 42–42–51.5N/082–29–
Dated: May 24, 2007.
indicate the specific section of this 13.97W; 42–43–07.55N/082–29–
P.W. Brennan, 08.12W; 42–43–04.93N/082–28–
document to which each comment
Captain, U.S. Coast Guard, Captain of the applies, and give the reason for each 54.11W; 42–42–48.58N/082–29–
Port Detroit. 00.81W. This safety zone is located in
comment. Please submit all comments
[FR Doc. E7–11535 Filed 6–14–07; 8:45 am] and related material in an unbound the St. Clair River, east of the lighthouse
BILLING CODE 4910–15–P format, no larger than 81⁄2 by 11 inches, in Marine City, MI, near the center of
suitable for copying. If you would like the river. All geographic coordinates are
to know they reached us, please enclose North American Datum of 1983 (NAD
DEPARTMENT OF HOMELAND a stamped, self-addressed postcard or 83).
SECURITY envelope. We will consider all All persons and vessels shall comply
comments and material received during with the instructions of the Coast Guard
Coast Guard Captain of the Port or the designated on-
the comment period. We may change
this proposed rule in view of them. scene representative. Entry into,
33 CFR Part 165 transiting, or anchoring within the
Public Meeting
[CGD09–06–016] safety zone is prohibited unless
We do not now plan to hold a public authorized by the Captain of the Port
RIN 1625–AA00 meeting. But you may submit a request Detroit or his designated on-scene
for a meeting by writing to U.S. Coast representative. The Captain of the Port
Safety Zone; Marine City Maritime Guard Sector Detroit at the address
Festival Fireworks, St. Clair River, or his on-scene representative may be
under ADDRESSES explaining why one contacted via VHF Channel 16.
Marine City, MI would be beneficial. If we determine
that one would aid this rulemaking, we Regulatory Evaluation
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
will hold one at a time and place This proposed rule is not a
announced by a later notice in the ‘‘significant regulatory action’’ under
SUMMARY: The Coast Guard proposes Federal Register. section 3(f) of Executive Order 12866,
establishing a temporary safety zone on Background and Purpose Regulatory Planning and Review, and
the St. Clair River, Marine City, does not require an assessment of
Michigan. This zone is intended to This temporary safety zone is potential costs and benefits under
restrict vessels from portions of the St. necessary to ensure the safety of vessels section 6(a)(3) of that Order. The Office
Clair River during the Marine City and spectators from hazards associated of Management and Budget has not
Maritime Festival Fireworks Display. with a fireworks display. Based on reviewed it under that Order.
This temporary safety zone is necessary accidents that have occurred in other We expect the economic impact of
to protect spectators and vessels from Captain of the Port zones and the this proposed rule to be so minimal that
the hazards associated with fireworks explosive hazards of fireworks, the a full Regulatory Evaluation is
displays. Captain of the Port Detroit has unnecessary.
determined fireworks launches in close This determination is based on the
DATES: Comments and related material proximity to watercraft pose significant minimal time that vessels will be
must reach the Coast Guard on or before risk to public safety and property. The restricted from the zone and the zone is
July 16, 2007. likely combination of large numbers of an area where the Coast Guard expects
ADDRESSES: You may mail comments recreation vessels, congested waterways, insignificant adverse impact to mariners
rmajette on PROD1PC64 with PROPOSALS

and related material to U.S. Coast Guard darkness punctuated by bright flashes of from the zones’ activation.
Sector Detroit, 110 Mt. Elliot Ave., light, alcohol use, and debris falling into
Detroit, MI 48207. U.S. Coast Guard the water could easily result in serious Small Entities
Sector Detroit maintains the public injuries or fatalities. Establishing a Under the Regulatory Flexibility Act
docket for this rulemaking. Comments safety zone to control vessel movement (5 U.S.C. 601–612), we have considered
and material received from the public, around the location of the launch whether this proposed rule would have

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