Organization; Office of the Deputy Attorney General, Office of the Associate Attorney General, 41623-41624 [E7-14707]
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Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations
under one or more nonqualified
deferred compensation plans as
matching amounts or other similar
amounts contingent on such elective
deferrals, pre-tax contributions, or aftertax contributions, provided that the total
of such matching or contingent
amounts, as applicable, never exceeds
100 percent of the matching or
contingent amounts that would be
provided under the qualified employer
plan absent any plan-based restrictions
that reflect limits on qualified plan
contributions under the Internal
Revenue Code.
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§ 1.409A–6
[Corrected]
existing investment measure, an
investment measure that qualifies as a
predetermined actual investment within
the meaning of § 31.3121(v)(2)–1(d)(2) of
this chapter or, for any given taxable
year, reflects a reasonable rate of interest
(determined in accordance with
§ 31.3121(v)(2)–1(d)(2)(i)(C) of this
chapter). * * *
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Guy R. Traynor,
Federal Register Liaison, Legal Processing
Division, Publication & Regulations Branch,
Associate Chief Counsel (Procedure &
Administration).
[FR Doc. E7–14624 Filed 7–30–07; 8:45 am]
BILLING CODE 4830–01–P
Par. 5. Section 1.409A–6 is amended
by revising paragraphs (a)(3)(i) and (ii)
and (a)(4)(iv) to read as follows:
I
DEPARTMENT OF JUSTICE
Office of the Attorney General
*
rmajette on PROD1PC64 with RULES
§ 1.409A–6 Application of section 409A
and effective dates.
28 CFR Part 0
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(a) * * *
(3) * * *
(i) * * * The amount of
compensation deferred before January 1,
2005, under a nonqualified deferred
compensation plan that is a nonaccount
balance plan (as defined in § 1.409A–
1(c)(2)(i)(C)), equals the present value of
the amount to which the service
provider would have been entitled
under the plan if the service provider
voluntarily terminated services without
cause on December 31, 2004, and
received a payment of the benefits
available from the plan on the earliest
possible date allowed under the plan to
receive a payment of benefits following
the termination of services, and received
the benefits in the form with the
maximum value. * * *
(ii) * * * The amount of
compensation deferred before January 1,
2005, under a nonqualified deferred
compensation plan that is an account
balance plan (as defined in § 1.409A–
1(c)(2)(i)(A)), equals the portion of the
service provider’s account balance as of
December 31, 2004, the right to which
was earned and vested (as defined in
paragraph (a)(2) of this section) as of
December 31, 2004, plus any future
contributions to the account, the right to
which was earned and vested (as
defined in paragraph (a)(2) of this
section) as of December 31, 2004, to the
extent such contributions are actually
made.
*
*
*
*
*
(4) * * *
(iv) * * * With respect to an account
balance plan (as defined in § 1.409A–
1(c)(2)(i)(A)), it is not a material
modification to change a notional
investment measure to, or to add to an
VerDate Aug<31>2005
13:44 Jul 30, 2007
Jkt 211001
[A.G. Order No. 2897–2007]
Organization; Office of the Deputy
Attorney General, Office of the
Associate Attorney General
Department of Justice.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule amends the
regulations that describe the structure,
functions, and responsibilities of the
Offices of the Deputy Attorney General
and Associate Attorney General, United
States Department of Justice.
EFFECTIVE DATE: July 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Stuart Frisch, General Counsel, Justice
Management Division, U.S. Department
of Justice, Washington, DC 20530, (202)
514–3452.
SUPPLEMENTARY INFORMATION: This rule
removes paragraph (h) of 28 CFR 0.15
and paragraph (d) of 28 CFR 0.19, which
reserve certain personnel administration
authorities within the Department of
Justice to the Attorney General. These
paragraphs are reserved for future use.
This rule only makes changes to the
Department’s internal organization and
structure and does not affect the rights
or obligations of the general public.
Administrative Procedure Act
This rule relates to matters of agency
management and personnel, and is
therefore exempt from the requirements
of prior notice and comment and a 30day delay in the effective date. See 5
U.S.C. 553(a)(2), (b)(3)(A), (d)(3).
Regulatory Flexibility Act
The Attorney General, in accordance
with the Regulatory Flexibility Act, 5
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
41623
U.S.C. 605(b), has reviewed this rule
and, by approving it, certifies that this
regulation will not have a significant
economic impact on a substantial
number of small entities because it
pertains to personnel and administrative
matters affecting the Department.
Further, a Regulatory Flexibility
Analysis was not required to be
prepared for this final rule because the
Department was not required to publish
a general notice of proposed rulemaking
for this matter.
Executive Order 12866
This rule has been drafted and
reviewed in accordance with Executive
Order 12866, Regulatory Planning and
Review, § 1(b), Principles of Regulation.
This rule is limited to agency
organization, management, and
personnel as described by Executive
Order 12866 § 3(d)(3) and, therefore, is
not a ‘‘regulation’’ or ‘‘rule’’ as defined
by that Executive Order. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget.
Executive Order 13132
This rule will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rule does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
Executive Order 12988
This rule meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil
Justice Reform.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local, and tribal
government, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1501 et seq.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by section 251 of the Small
Business Regulatory Enforcement
Fairness Act of 1996, 5 U.S.C. 804. This
rule will not result in an annual effect
on the economy of $100 million or
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31JYR1
41624
Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations
more; a major increase in costs or prices;
or significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of United States-based enterprises to
compete with foreign-based enterprises
in domestic and export markets.
Congressional Review Act
The Department has determined that
this action pertains to agency
management, personnel, and
organizations and, accordingly, 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).
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:
I
PART 0—ORGANIZATION OF THE
DEPARTMENT OF JUSTICE
1. The authority citation for part 0
continues to read as follows:
I
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510, 515–519.
§ 0.15
Deputy Attorney General.
2. Remove and reserve paragraph (h)
of § 0.15.
I
§ 0.19
Associate Attorney General.
3. Remove and reserve paragraph (d)
of § 0.19.
I
Dated: July 25, 2007.
Alberto R. Gonzales,
Attorney General.
[FR Doc. E7–14707 Filed 7–30–07; 8:45 am]
BILLING CODE 4410–19–P
DEPARTMENT OF HOMELAND
SECURITY
COAST GUARD
33 CFR Part 165
[CGD08–07–007]
rmajette on PROD1PC64 with RULES
RIN 1625–AA11
Regulated Navigation Area;
Mississippi River, Eighty-One Mile
Point
AGENCY:
Coast Guard, DHS.
VerDate Aug<31>2005
13:44 Jul 30, 2007
Jkt 211001
ACTION:
Final rule.
SUMMARY: The Coast Guard has
amended the regulated navigation area
(RNA) for the Lower Mississippi River
(LMR) mile marker (MM) 233.9 through
South and South West Passes by
establishing mandatory check-in
procedures for vessels transiting on the
waters of the Mississippi River between
(MM) 167.5 LMR and 187.9 LMR. This
rule is needed to minimize the risk of
collisions, allisions, and groundings
occurring as a result of vessels meeting
unanticipated traffic in the vicinity of
Eighty-One Mile Point, MM 178 LMR.
This rule requires vessels, subject to the
Bridge to Bridge Radiotelephone Act (33
U.S.C. 26), to notify Vessel Traffic
Center Lower Mississippi River, New
Orleans (VTC New Orleans) prior to
entering or getting underway in this
section of the RNA.
DATES: This rule is effective August 30,
2007.
ADDRESSES: Documents indicated in this
preamble as being in the docket, are part
of docket [CGD08–07–007] and are
available for inspection or copying at
U.S. Coast Guard Marine Safety Unit
Baton Rouge, 6041 Crestmount Drive,
Baton Rouge, LA 70809 between 7:30
a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Todd Peterson, Marine
Safety Unit Baton Rouge, at (225) 298–
5400.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 5, 2007 we published a
notice of proposed rulemaking (NPRM)
entitled Regulated Navigation Area;
Mississippi River, Eighty-One Mile
Point in the Federal Register (72 FR 65).
We received no comments on the
proposed rule. No public meetings were
requested and none were held.
Background and Purpose
From 1999 to 2006 there have been 64
reported collisions, allisions, or
groundings on the Lower Mississippi
River between MM 167.5 and 187.9.
There have been 21 allisions, 2 barge
breakaways, 13 collisions and 28
groundings. Of these 64 casualties, 3
were categorized by 46 CFR part 4 as
serious marine incidents and 5 as major
marine casualties. These casualties have
involved all sectors of the maritime
industry including deep draft shipping,
towing vessels, and barge fleets and
have occurred at high, normal and low
water conditions.
A waterways user group
subcommittee of the Lower Mississippi
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Sfmt 4700
River Waterway Safety Advisory
Committee (LMRWSAC) examined
marine casualties on the LMR in the
vicinity of 81 Mile Point. This
subcommittee consisted of members of
the pilots association, towing vessel
industry, barge fleets and the Coast
Guard. This subcommittee reviewed the
location and marine investigation
associated with each casualty and
subjectively examined river conditions
within this RNA. This committee
determined that existing waterways
management tools may not be sufficient
to safely navigate in the vicinity of 81
Mile Point. Providing position reports to
VTC New Orleans would allow the
Coast Guard to track vessels in this RNA
and provide advice to mariners about
upcoming traffic in an effort to
eliminate meeting and overtaking
scenarios at Eighty-One Mile Point.
Discussion of Comments and Changes
There were no comments received on
this rule change. No public meetings
were requested and none were held.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866 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.
This rule does not prohibit vessel
transits, barge fleeting, or towboat
operations within the RNA, but merely
requires checking in with VTS New
Orleans using existing equipment. The
impacts on routine navigation are
expected to be minimal.
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 does not
have a significant economic impact on
a substantial number of small entities.
This RNA will not have an impact on
a substantial number of small entities
because this rule will not obstruct the
regular flow of commercial vessel traffic
conducting business within the RNA. It
does not require the purchase of
additional equipment and instead uses
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31JYR1
]]>Agencies
[Federal Register Volume 72, Number 146 (Tuesday, July 31, 2007)]
[Rules and Regulations]
[Pages 41623-41624]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14707]
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DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 0
[A.G. Order No. 2897-2007]
Organization; Office of the Deputy Attorney General, Office of
the Associate Attorney General
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the regulations that describe the structure,
functions, and responsibilities of the Offices of the Deputy Attorney
General and Associate Attorney General, United States Department of
Justice.
EFFECTIVE DATE: July 31, 2007.
FOR FURTHER INFORMATION CONTACT: Stuart Frisch, General Counsel,
Justice Management Division, U.S. Department of Justice, Washington, DC
20530, (202) 514-3452.
SUPPLEMENTARY INFORMATION: This rule removes paragraph (h) of 28 CFR
0.15 and paragraph (d) of 28 CFR 0.19, which reserve certain personnel
administration authorities within the Department of Justice to the
Attorney General. These paragraphs are reserved for future use. This
rule only makes changes to the Department's internal organization and
structure and does not affect the rights or obligations of the general
public.
Administrative Procedure Act
This rule relates to matters of agency management and personnel,
and is therefore exempt from the requirements of prior notice and
comment and a 30-day delay in the effective date. See 5 U.S.C.
553(a)(2), (b)(3)(A), (d)(3).
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it,
certifies that this regulation will not have a significant economic
impact on a substantial number of small entities because it pertains to
personnel and administrative matters affecting the Department. Further,
a Regulatory Flexibility Analysis was not required to be prepared for
this final rule because the Department was not required to publish a
general notice of proposed rulemaking for this matter.
Executive Order 12866
This rule has been drafted and reviewed in accordance with
Executive Order 12866, Regulatory Planning and Review, Sec. 1(b),
Principles of Regulation. This rule is limited to agency organization,
management, and personnel as described by Executive Order 12866 Sec.
3(d)(3) and, therefore, is not a ``regulation'' or ``rule'' as defined
by that Executive Order. Accordingly, this rule has not been reviewed
by the Office of Management and Budget.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with Executive Order 13132, it
is determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Executive Order 12988
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal government, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1501 et seq.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This rule will not result in an annual effect on the economy of
$100 million or
[[Page 41624]]
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.
Congressional Review Act
The Department has determined that this action pertains to agency
management, personnel, and organizations and, accordingly, 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).
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).
0
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
0
1. The authority citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
Sec. 0.15 Deputy Attorney General.
0
2. Remove and reserve paragraph (h) of Sec. 0.15.
Sec. 0.19 Associate Attorney General.
0
3. Remove and reserve paragraph (d) of Sec. 0.19.
Dated: July 25, 2007.
Alberto R. Gonzales,
Attorney General.
[FR Doc. E7-14707 Filed 7-30-07; 8:45 am]
BILLING CODE 4410-19-P
