1144 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 

1 5 U.S.C. 553(b). 

2 5 U.S.C. 553(d). 

3See 44 U.S.C. 3501 et seq. 

Senior Attorney for Commercial Space 

Transportation, Office of the Chief 

Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3150; facsimile 

(202) 267–7971, email 

laura.montgomery@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 7, 2012, the FAA 

published a final rule entitled, 

‘‘Explosive Siting Requirements’’ (77 FR 

55108). 

In that final rule, the FAA revised the 

requirements for siting explosives under 

a license to operate a launch site. The 

rule increased flexibility for launch site 

operators in site planning for the storage 

and handling of energetic liquids and 

explosives. In the discussion of the 

Overview of the Final Rule, the FAA 

explained that it was dispensing with 

the hazard groups of tables E–3 through 

E–6 of appendix E of Title 14, Code of 

Federal Regulations part 420 as a means 

of classification to be consistent with 

the Department of Defense (DOD) 

Explosives Safety Board (DDESB) and 

National Fire Protection Association 

(NFPA) practices. In the full title of 

DDESB, the FAA inadvertently used the 

word ‘‘siting’’ instead of ‘‘safety.’’ The 

FAA is now correcting the error to 

properly identify DDESB. 

Correction to Preamble 

1. On page 55109, in the first column, 

in the first paragraph under Section I., 

correct ‘‘Department of Defense (DOD) 

Explosives Siting Board’s (DDESB)’’ to 

read ‘‘Department of Defense (DOD) 

Explosives Safety Board (DDESB)’’. 

Issued in Washington, DC on January 2, 

2013. 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2013–00109 Filed 1–7–13; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 9, 12, and 171 

Rules of Practice; Amendments to 

Delegations of Authority to the Office 

of General Counsel 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or 

‘‘Commission’’) is amending its 

regulations delegating authority to the 

Commission’s Office of General 

Counsel, so that all delegations thereto 

will be to the General Counsel, with 

authority to sub-delegate to any 

Commission employee under the 

supervision of the General Counsel. 

DATES: Effective Date: January 8, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Bulan, Counsel, Office of General 

Counsel, 1155 21st Street NW., 

Washington, DC 20581, lbulan@cftc.gov 

and (202) 418–5120. 

SUPPLEMENTARY INFORMATION: The 

Commission is revising delegations of 

authority to the Office of General 

Counsel, replacing delegations to the 

Deputy General Counsel for Opinions 

and Review with delegations to the 

General Counsel. The reason for this 

change is due to the elimination of the 

position of Deputy General Counsel for 

Opinions and Review under a 

reorganization within the Office of 

General Counsel. The revisions will 

permit the General Counsel to subdelegate authority to any Commission 

employee under his or her supervision. 

I. Rules Being Amended 

The following CFTC rules are being 

amended. 

A. 17 CFR 9.9 

CFTC rule 9.9 delegates certain 

authority to the Deputy General Counsel 

for Opinions and Review. Currently, the 

rule authorizes the Deputy General 

Counsel for Opinions and Review or 

his/her designee to handle certain 

procedural and technical matters and, in 

his/her discretion, to submit matters 

otherwise falling within this rule to the 

Commission for its consideration. The 

CFTC is changing the rule to grant this 

authority to the General Counsel. As a 

result, references to the Deputy General 

Counsel for Opinions and Review in 

rule 9.9 have been changed to the 

General Counsel, and to any employee 

under the General Counsel’s supervision 

as he or she may designate. 

B. 17 CFR 12.10 

CFTC rule 12.10(a)(3) sets forth all the 

persons upon whom the Proceedings 

Clerk must serve all notices, rulings, 

opinions, and orders. This list of 

persons includes the Deputy General 

Counsel for Opinions and Review. The 

rule is being revised such that all 

references to the Deputy General 

Counsel for Opinions and Review in 

rule 12.10 have been changed to the 

General Counsel, and permits the 

General Counsel to sub-delegate this 

authority to any Commission employee 

under his or her supervision. 

C. 17 CFR 12.408 

CFTC rule 12.408 is titled ‘‘Delegation 

of Authority to the Deputy General 

Counsel for Opinions.’’ The text of the 

rule delegates certain functions to the 

General Counsel and not the Deputy 

General Counsel for Opinions. In order 

to conform the title of the section to the 

substance of the section, the reference in 

the title of the section has been changed 

to ‘‘Delegation of Authority to the 

General Counsel.’’ 

D. 17 CFR 171.1(c) 

CFTC rule 171.1(c) provides the 

Deputy General Counsel for Opinions 

the authority to strike a notice of appeal 

in certain circumstances. All references 

to the Deputy General Counsel for 

Opinions in rule 171.1(c) have been 

changed to the General Counsel, or the 

General Counsel’s delegate. 

E. 17 CFR 171.50 

CFTC rule 171.50 delegates certain 

authority to the Deputy General Counsel 

for Opinions. The current rule 

authorizes the Deputy General Counsel 

for Opinions and Review or his/her 

designee to handle certain procedural 

and technical matters and, in his/her 

discretion, to submit matters otherwise 

falling within this rule to the 

Commission for its consideration. 

References in rule 171.50 have been 

changed to the General Counsel. 

II. Administrative Compliance 

A. Administrative Procedure Act 

The Administrative Procedure Act 

does not require notice of the proposed 

rulemaking and an opportunity for 

public participation in connection with 

these amendments, as they relate solely 

to agency organization, procedure and 

practice.1 For the same reason, these 

rules will become effective upon 

publication in the Federal Register.2

Pursuant to the authority contained in 

the Commodity Exchange Act, in 

particular section 2(a)(4), 7 U.S.C. 

2(a)(4), the CFTC corrects part 9, 12 and 

171 of Title 17 of the Code of Federal 

regulations as described below. 

B. Paperwork Reduction Act and 

Regulatory Flexibility Act 

This rulemaking does not contain any 

collections of information for which the 

Commission must seek a control 

number under the Paperwork Reduction 

Act.3 Moreover, the Regulatory 

Flexibility Act requires the Commission 

to consider whether a rulemaking will 

mstockstill on DSK4VPTVN1PROD with 

Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 1145 

4See 5 U.S.C. 601(2). 

have a significant economic impact on 

a substantial number of small 

businesses only when the agency is 

obligated to publish a general notice of 

proposed rulemaking under section 

553(b). As this rulemaking relates to 

agency organization and procedure, and 

therefore is not subject to notice and 

comment under section 553(b), a 

regulatory flexibility analysis is not 

required.4

List of Subjects in 17 CFR Parts 9, 12 

and 171 

Administrative practice and 

procedure, Commodity exchanges, 

Commodity futures, Rules of practice 

before administrative agency. 

For the reasons stated in the 

preamble, the Commodity Futures 

Trading Commission amends 17 CFR 

Parts 9, 12 and 171 as set forth below: 

PART 9—RULES RELATING TO 

REVIEW OF EXCHANGE 

DISCIPLINARY, ACCESS DENIAL OR 

OTHER ADVERSE ACTIONS 

■ 1. The authority citation for Part 9 

continues to read as follows: 

Authority: 7 U.S.C. 4a, 6c, 7a, 12a, 12c, 

16a, as amended by Title XIII of the Food, 

Conservation and Energy Act of 2008, Pub. L. 

110–246, 122 Stat. 1624 (June 18, 2008), 

unless otherwise noted. 

■ 2. Section 9.9 is amended by revising 

paragraphs (b)(1) introductory text, 

(b)(3) and (b)(4), to read as follows: 

§ 9.9 Waiver of rules; delegation of 

authority. 

* * * * * 

(b) * * * 

(1) The Commission hereby delegates, 

until the Commission orders otherwise, 

to the General Counsel, or to any 

employee under the General Counsel’s 

supervision as the General Counsel may 

designate, the authority: 

* * * * * 

(3) The General Counsel, or his 

designee, may submit to the 

Commission for its consideration any 

matter which has been delegated 

pursuant to paragraph (b)(1) of this 

section. 

(4) Nothing in this section will be 

deemed to prohibit the Commission, at 

its election, from exercising the 

authority delegated to the General 

Counsel, or his designee, under this 

section. 

PART 12—RULES RELATING TO 

REPARATION PROCEEDINGS 

■ 3. The authority citation for Part 12 

continues to read as follows: 

Authority: 7 U.S.C. 2(a)(12), 12a(5), and 

18, as amended by Title XIII of the Food, 

Conservation and Energy Act of 2008, Pub. L. 

110–246, 122 Stat. 1624 (June 18, 2008), 

unless otherwise noted. 

■ 4. Section 12.10 is amended by 

revising paragraph (a)(3) to read as 

follows: 

§ 12.10 Service. 

* * * * * 

(a) * * * 

(3) Service of orders and decisions. A 

copy of all notices, rulings, opinions 

and orders of the Proceedings Clerk, the 

Director of the Office of Proceedings, a 

Judgment Officer, Administrative Law 

Judge, the General Counsel or any 

employee under the General Counsel’s 

supervision as the General Counsel may 

designate, or the Commission shall be 

served by the Proceedings Clerk on each 

of the parties. 

* * * * * 

■ 5. Section 12.408 is amended by 

revising the section heading to read as 

follows: 

§ 12.408 Delegation of authority to the 

General Counsel. 

* * * * * 

PART 171—RULES RELATING TO 

REVIEW OF NATIONAL FUTURES 

ASSOCIATION DECISIONS IN 

DISCIPLINARY, MEMBERSHIP DENIAL, 

REGISTRATION AND MEMBERSHIP 

RESPONSIBILITY ACTIONS 

Authority and Issuance 

■ 6. The authority citation for Part 171 

continues to read as follows: 

Authority: 7 U.S.C. 4a, 12a, and 21, as 

amended by Title XIII of the Food, 

Conservation and Energy Act of 2008, Pub. L. 

110–246, 122 Stat. 1624 (June 18, 2008), 

unless otherwise noted. 

■ 7. Section 171.1 is amended by 

revising paragraph (c) to read as follows: 

§ 171.1 Scope of rules. 

* * * * * 

(c) Appeals from excluded decisions. 

If the General Counsel, or any employee 

under the General Counsel’s supervision 

as the General Counsel may designate, 

determines that a notice of appeal 

submitted to the Commission is from a 

decision that is excluded from review 

under this part, the notice of appeal may 

be stricken and ordered to be returned 

to the aggrieved party who submitted it. 

* * * * * 

■ 8. Section 171.50 is amended by 

revising paragraphs (a) introductory 

text, (c), and (d) to read as follows: 

§ 171.50 Delegation to the General 

Counsel. 

(a) The Commission hereby delegates, 

until it orders otherwise, to the General 

Counsel, or any employee under the 

General Counsel’s supervision as the 

General Counsel may designate, the 

authority: 

* * * * * 

(c) The General Counsel, or his 

designee, may submit to the 

Commission for its consideration any 

matter which has been delegated 

pursuant to paragraph (a) of this section. 

(d) Nothing in this section will be 

deemed to prohibit the Commission, at 

its election, from exercising the 

authority delegated to the General 

Counsel, or his designee, under this 

section. 

Issued in Washington, DC on December 31, 

2012, by the Commission. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2012–31721 Filed 1–7–13; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2012–0824] 

RIN 1625–AA11 

Regulated Navigation Area; 

Housatonic River, Bridge Replacement 

Operations; Stratford, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a regulated navigation area 

(RNA) on the navigable waters of the 

Housatonic River surrounding the 

Interstate 95 (I–95) Bridge, between 

Stratford and Milford, CT. This RNA 

allows the Coast Guard to enforce speed 

and wake restrictions and prohibit all 

vessel traffic through the RNA during 

bridge replacement operations, both 

planned and unforeseen, that could 

pose an imminent hazard to persons and 

vessels operating in the area. This rule 

is necessary to provide for the safety of 

life on the navigable waters during the 

replacement of the bridge. 

DATES: This rule is effective and will be 

enforced from January, 7, 2013 through 

November 30, 2017. 

Comments and related material may 

be received by the Coast Guard through 

the effective period. 

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