Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 65477 

§§ 388.108 or 388.113 of this chapter. By 

treating the documents as nonpublic, 

the Commission is not making a 

determination on any claim of privilege 

or CEII status. The Commission retains 

the right to make determinations with 

regard to any claim of privilege or CEII 

status, and the discretion to release 

information as necessary to carry out its 

jurisdictional responsibilities. 

(ii) The request for privileged or CEII 

treatment and the public version of the 

document will be made available while 

the request is pending. 

(2) For documents submitted to 

Commission staff. The notification 

procedures of paragraphs (d), (e), and (f) 

of this section will be followed before 

making a document public. 

(d) Notification of request and 

opportunity to comment. When a FOIA 

or CEII requester seeks a document for 

which privilege or CEII status has been 

claimed, or when the Commission itself 

is considering release of such 

information, the Commission official 

who will decide whether to release the 

information or any other appropriate 

Commission official will notify the 

person who submitted the document 

and give the person an opportunity (at 

least five calendar days) in which to 

comment in writing on the request. A 

copy of this notice will be sent to the 

requester. 

(e) Notification before release. Notice 

of a decision by the Commission, the 

Chairman of the Commission, the 

Director, Office of External Affairs, the 

General Counsel or General Counsel’s 

designee, a presiding officer in a 

proceeding under part 385 of this 

chapter, or any other appropriate official 

to deny a claim of privilege, in whole 

or in part, or to make a limited release 

of CEII, will be given to any person 

claiming that the information is 

privileged or CEII no less than 5 

calendar days before disclosure. The 

notice will briefly explain why the 

person’s objections to disclosure are not 

sustained by the Commission. A copy of 

this notice will be sent to the FOIA or 

CEII requester. 

(f) Notification of suit in Federal 

courts. When a FOIA requester brings 

suit to compel disclosure of information 

for which a person has claimed 

privileged treatment, the Commission 

will notify the person who submitted 

the documents of the suit. 

§ 388.113 [Amended] 

■ 27. In § 388.113(d)(1) and (d)(2), 

remove the phrase ‘‘paragraph (d)(3)’’ 

and add the phrase ‘‘paragraph (d)(4)’’ 

in its place. 

[FR Doc. 2012–26126 Filed 10–26–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF STATE 

22 CFR Part 52 

[Public Notice 8074] 

RIN 1400–AD27 

Repeal of Regulations on Marriages 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: In accordance with Executive 

Order 13563, the Bureau of Consular 

Affairs is repealing the regulations on 

marriages. The current regulations are 

outdated and duplicative of other 

authorities that detail procedures for 

authentications and documentation of 

life events. Further, in light of other 

authorities, it is unnecessary to 

specifically state in the regulations how 

consular authority is limited. 

DATES: Effective Date: This rule is 

effective October 29, 2012. 

FOR FURTHER INFORMATION CONTACT: Dara 

Morenoff, Office of Legal Affairs, 

Overseas Citizen Services, U.S. 

Department of State, 2201 C Street NW., 

SA–29, Washington, DC 20520, (202) 

736–4995, morenoffdj@state.gov. 

SUPPLEMENTARY INFORMATION: This rule 

removes Part 52 of the Code of Federal 

Regulations, which relates to the 

consular role in marriages. The 

Department is removing Part 52 because 

it is outdated and duplicative of other 

federal laws and regulations. For 

example: 

—Section 52.1 provides that consular 

officers may not conduct marriages or 

serve as witnesses to a marriage. The 

law authorizing consular officers to 

act in this capacity, 22 U.S.C. 4192, 

was repealed in 1990. 

—Section 52.2 relates to authentication 

of marriage documents. This section 

is unnecessary because the laws and 

regulations that apply to 

authentications in general also apply 

to marriage documents, and these 

functions are already covered in 22 

CFR 92.41. 

—Finally, Section 52.3 is unnecessary 

because there is no longer demand for 

official certificates with respect to 

marriage laws in foreign countries. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

This action is being taken as a final 

rule pursuant to the ‘‘good cause’’ 

provision of 5 U.S.C. 553(b). It is the 

position of the Department that notice 

and comment are not necessary in light 

of the fact that Part 52 is obsolete or 

duplicative of other authorities. 

Regulatory Flexibility Act 

It is hereby certified that the repeal of 

these regulations will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act, 5 U.S.C. 605(b), because 

the issues addressed are not of an 

economic nature. In addition, the repeal 

of this regulation does not have 

federalism implications under E.O. 

13132. 

Unfunded Mandates Reform Act 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, 2 U.S.C. 

1532, generally requires agencies to 

prepare a statement before proposing 

any rule that may result in an annual 

expenditure of $100 million or more by 

State, local, or tribal governments, or by 

the private sector. This rule will not 

result in any such expenditure, nor will 

it significantly or uniquely affect small 

governments. 

Executive Orders 12866 and 13563 

The Department of State has reviewed 

this rule to ensure its consistency with 

the regulatory philosophy and 

principles set forth in Executive Order 

12866 and has determined that the 

benefits of this regulation justify its 

costs. The Department does not consider 

this rule to be an economically 

significant action within the scope of 

section 3(f)(1) of the Executive Order 

since it is not likely to have an annual 

effect on the economy of $100 million 

or more or to adversely affect in a 

material way the economy, a sector of 

the economy, competition, jobs, the 

environment, public health or safety, or 

State, local or tribal governments or 

communities. The Department has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Civil Justice Reform 

The Department has reviewed the 

regulations in light of sections 3(a) and 

3(b)(2) of Executive Order No. 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 


rmajette on DSK2TPTVN1PROD with 
65478 Federal Register / Vol. 77, No. 209 / Monday, October 29, 2012 / Rules and Regulations 

Consultations With Tribal Governments 

The Department has determined that 

this rulemaking will not have Tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian Tribal governments, and will not 

pre-empt Tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

This rule does not impose information 

collection requirements under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 52 

Authentication of marriage, Marriage 

and divorce, Marriage laws. 

■ Accordingly, under the authority of 22 

U.S.C. 2651a, and because the statutory 

authority for Part 52 has been repealed, 

22 CFR Chapter I, Subchapter F is 

amended by removing Part 52. 

Dated: October 2, 2012. 

Janice L. Jacobs, 

Assistant Secretary, Bureau of Consular 

Affairs, Department of State. 

[FR Doc. 2012–26554 Filed 10–26–12; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0228] 

RIN 1625–AA00 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone; Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 at various times on 

November 14, 2012. This action is 

necessary to protect the waterways, 

waterway users, and vessels from 

hazards associated with the Illinois 

Department of Natural Resources netting 

and electro-fishing clearing operation. 

During any of the below listed 

enforcement periods, entry into, 

transiting, mooring, laying-up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

DATES: The regulations in 33 CFR 

165.930 will be enforced from 7:00 a.m. 

to 11:00 a.m. and from 1:00 p.m. to 5:00 

p.m. on November 14, 2012. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email MST1 Joseph McCollum, 

Prevention Department, Coast Guard 

Sector Lake Michigan, telephone 414– 

747–7148, email address 

Joseph.p.Mccollum@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.930. Specifically, 

the Coast Guard will enforce this safety 

zone between Mile Marker 296.1 to Mile 

Marker 296.7 on all waters of the 

Chicago Sanitary and Ship Canal. 

Enforcement will occur from 7:00 a.m. 

until 11:00 a.m. and 1:00 p.m. until 5:00 

p.m. on November 14, 2012. 

This enforcement action is necessary 

because the Captain of the Port, Sector 

Lake Michigan has determined that the 

Illinois Department of Natural 

Resources netting and electro-fishing 

clearing operation poses risks to life and 

property. The passage of vessel traffic 

during the same time as the Operation 

makes the controlling of vessels through 

the impacted portion of the Chicago 

Sanitary and Ship Canal necessary to 

prevent injury and property loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

This notice is issued under authority 

of 33 CFR 165.930 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Captain of the Port, Sector 

Lake Michigan, will also provide notice 

through other means, which may 

include, but are not limited to, 

Broadcast Notice to Mariners, Local 

Notice to Mariners, local news media, 

distribution in leaflet form, and onscene oral notice. 

Additionally, the Captain of the Port, 

Sector Lake Michigan, may notify 

representatives from the maritime 

industry through telephonic and email 

notifications. 

Dated: October 11, 2012. 

M.W. Sibley, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2012–26489 Filed 10–26–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0805; EPA–R05– 

OAR–2012–0567; FRL–9742–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois; 

Indiana; Michigan; Minnesota; Ohio; 

Wisconsin; Infrastructure SIP 

Requirements for the 2006 PM2.5

National Ambient Air Quality 

Standards; Indiana NSR/PSD 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve most elements, and disapprove 

narrow portions of other elements, of 

State Implementation Plan (SIP) 

submissions by Illinois, Indiana, 

Michigan, Minnesota, Ohio, and 

Wisconsin regarding the infrastructure 

requirements of the Clean Air Act (CAA) 

for the 2006 24-hour fine particle 

national ambient air quality standards 

(2006 PM2.5 NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

State’s air quality management program 

are adequate to meet the State’s 

responsibilities under the CAA. EPA is 

also taking final action to approve 

portions of a submission from Indiana 

addressing EPA’s requirements for its 

new source review (NSR) and 

prevention of significant deterioration 

(PSD) program. The proposed 

rulemaking was published on August 2, 

2012. During the comment period, 

which ended on September 4, 2012, 

EPA received five comment letters. The 

concerns raised in these letters, as well 

as EPA’s responses, will be addressed in 

this final action. 

DATES: This final rule is effective on 

November 28, 2012. 

ADDRESSES: EPA has established two 

dockets for this action under Docket ID 

No. EPA–R05–OAR–2009–0805 

(infrastructure SIP elements for all 

Region 5 States) and EPA–R05–OAR– 


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