Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17333 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2012– 

0153 and are available online at 

www.regulations.gov, inserting USCG– 

2012–0153 in the ‘‘Keyword’’ and then 

clicking ‘‘Search’’. They are also 

available for inspection or copying at 

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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Ms. Judy Leung-Yee, Project 

Officer, First Coast Guard District, 

telephone (212) 668–7165, email 

judy.k.leung-yee@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The Metro 

North (Peck) Bridge, across the 

Pequonnock River, mile 0.3, at 

Bridgeport, Connecticut, has a vertical 

clearance in the closed position of 26 

feet at mean high water and 32 feet at 

mean low water. The drawbridge 

operation regulations are listed at 33 

CFR 117.219(b). 

The operator of the bridge, Metro 

North Railroad, requested a temporary 

deviation from the regulations to 

facilitate scheduled bridge maintenance, 

miter rail repair, at the bridge. 

The waterway users are recreational 

vessels and commercial lobster boats. 

The Metro North (Peck) Bridge rarely 

opens for vessel traffic. The bridge has 

received no requests to open during the 

past three years except for bridge testing 

and repairs. 

Under this temporary deviation the 

Metro North (Peck) Bridge may remain 

in the closed position from April 15, 

2012 through June 30, 2012. Vessels that 

can pass under the bridge in the closed 

position may do so at all times. 

The waterway users were advised of 

the requested bridge closure and offered 

no objection. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 1, 2012. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2012–7130 Filed 3–23–12; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Parts 4, 6, and 7 

Bylaws of the Board of Governors 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: On March 24, 2010, the Board 

of Governors of the United States Postal 

Service adopted a number of 

amendments to the Board’s Bylaws. 

These amendments revised and clarified 

the provisions concerning the election 

and terms of office of the Board 

Chairman and Vice-Chairman. The 

amendments also formalized the process 

for notation voting (voting by paper 

ballot) on routine or administrative 

matters. This final rule incorporates the 

changes adopted by the Board. 

DATES: These amendments to the Code 

of Federal Regulations are effective 

March 26, 2012. 

FOR FURTHER INFORMATION CONTACT: Julie 

S. Moore, Secretary of the Board, U.S. 

Postal Service, 475 L’Enfant Plaza SW., 

Washington, DC 20260–1000. 

Telephone: (202) 268–4800. 

SUPPLEMENTARY INFORMATION: This 

document publishes amendments to 39 

CFR Parts 4, 6, and 7, conforming to 

amendments to the Bylaws of the Board 

of Governors of the United States Postal 

Service. In part 4, the Board revised 

§§ 4.1 and 4.2 to establish December 1 

as the regular commencement date of 

the terms of office of the newly-elected 

Board Chairman and Vice-Chairman. In 

part 6 (with a conforming amendment to 

part 7), the Board added a new § 6.7 to 

formalize the process for notation voting 

by paper ballot on routine, noncontroversial, and administrative 

matters. 

List of Subjects in 39 CFR Parts 4, 6, 

and 7 

Administrative practice and 

procedure, Organization and functions 

(Government agencies), Postal Service. 

Accordingly, for the reasons stated, 39 

CFR Parts 4, 6, and 7 are amended as 

follows: 

PART 4—OFFICIALS (ARTICLE IV) 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 39 U.S.C. 202–205, 401(2), (10), 

402, 1003, 3013, 3686. 

■ 2. Section 4.1 is revised to read as 

follows: 

§ 4.1 Chairman. 

(a) The Chairman of the Board of 

Governors is elected by the Governors 

from among the members of the Board. 

The Chairman: 

(1) Shall be elected at the Board’s 

regularly scheduled November meeting 

for a term that commences on December 

1 of the calendar year in which the 

election occurred, or upon the death, 

departure or resignation of the current 

Chairman, whichever occurs first, and 

expires upon the election and 

installation of a successor Chairman; 

(2) Shall preside at all regular and 

special meetings of the Board, and shall 

set the agenda for such meetings; 

(3) Shall select and appoint the 

chairman, vice chairman (if any), and 

members of any committee properly 

established by the Board. 

(b) If the Postmaster General is elected 

Chairman of the Board, the Governors 

shall also elect one of their number to 

preside during proceedings dealing with 

matters upon which only the Governors 

may vote. 

(c) In the event of the Chairman’s 

death, departure or resignation prior to 

the election of a successor, the Board, as 

soon as practicable, shall elect a new 

Chairman who shall serve a term that 

commences immediately upon election 

and expires upon the election and 

installation of a successor Chairman. 

(d)(1) Upon the election and 

installation of a new Chairman of the 

Board, the immediate past Chairman 

shall become Chairman Pro Tempore of 

the Board, to preside during the absence 

of the Chairman and Vice Chairman at 

any meeting of the Board during the 

year or years following the immediate 

past Chairman’s tenure as Chairman and 

until another Chairman has been 

elected. 

(2) The Chairman Pro Tempore shall, 

at the request of the Chairman or Vice 

Chairman, serve as the representative of 

the Board of Governors at conferences, 

trade shows, ceremonial functions and 

other meetings important to Postal 

Service business. 

■ 3. Section 4.2 is revised to read as 

follows: 

§ 4.2 Vice Chairman. 

The Vice Chairman is elected by the 

Governors from among the members of 

the Board and shall perform the duties 

and exercise the powers of the 

Chairman during the Chairman’s 

absence or disability. The Vice 

Chairman is elected at the Board’s 

regularly scheduled November meeting 

for a term that commences on December 

1 of the calendar year in which the 

election occurred or upon the death, 

departure or resignation of the current 

Vice Chairman, whichever occurs first, 

and expires upon the election and 

installation of a successor Vice 


sroberts on DSK5SPTVN1PROD with RULES
17334 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

Chairman. In the event of the Vice 

Chairman’s death, departure or 

resignation prior to the election of a 

successor, the Board, as soon as 

practicable, shall elect a new Vice 

Chairman who shall serve a term that 

commences immediately upon election 

and expires upon the election and 

installation of a successor Vice 

Chairman. 

PART 6—MEETINGS (ARTICLE VI) 

■ 4. The authority citation for part 6 

continues to read as follows: 

Authority: 39 U.S.C. 202, 205, 401(2), (10), 

1003, 3622; 5 U.S.C. 552b(e), (g). 

■ 5. Section 6.6 is amended by revising 

the introductory text to read as follows: 

§ 6.6 Quorum and voting. 

As provided by 39 U.S.C. 205(c), and 

except for routine, non-controversial, 

and administrative matters considered 

through the notation voting process 

described in § 6.7, the Board acts by 

resolution upon a majority vote of those 

members who attend a meeting in 

person or by teleconference. No proxies 

are allowed in any vote of the members 

of the Board. Any 6 members constitute 

a quorum for the transaction of business 

by the Board, except: 

* * * * * 

■ 6. Section 6.7 is added to read as 

follows: 

§ 6.7 Notation voting. 

(a) General. Notation voting consists 

of the circulation of written memoranda 

and voting sheets to each member of the 

Board simultaneously and the 

tabulation of submitted responses. 

Notation voting may be used only for 

routine, non-controversial, and 

administrative matters. 

(b) Administrative Responsibility. The 

Secretary of the Board is responsible for: 

(1) Distributing notation voting 

memoranda and voting sheets; 

(2) Establishing deadlines for notation 

voting sheets to be completed and 

returned; 

(3) Processing and tabulating all 

notation voting sheets; and 

(4) Determining whether further 

action is required. 

(c) Veto of notation voting. In view of 

the public policy for openness reflected 

in the Government in the Sunshine Act 

and in these bylaws, each Board 

member is authorized to veto the use of 

notation voting for the consideration of 

any matter. If a Board member vetoes 

the use of notation voting, the Secretary 

must notify all members of such action, 

and must promptly take action to place 

the particular matter on the agenda of 

the next regularly scheduled Board 

meeting following the date of the veto, 

or to schedule a teleconference to 

consider the matter, as appropriate. 

(d) Disclosure of result. The Secretary 

shall maintain all records pertaining to 

Board actions taken pursuant to the 

notation voting process, and shall make 

such records available for public 

inspection, consistent with the Freedom 

of Information Act, 5 U.S.C. 552. 

PART 7—PUBLIC OBSERVATION 

(ARTICLE VII) 

■ 7. The authority citation for part 7 

continues to read as follows: 

Authority: 39 U.S.C. 410; 5 U.S.C. 552b(a)– 

(m). 

■ 8. Section 7.1 is amended by revising 

the final sentence of paragraph (b) to 

read as follows: 

§ 7.1 Definitions. 

* * * * * 

(b) * * * The term ’’meeting’’ does 

not include any procedural 

deliberations required or permitted by 

§§ 6.1, 6.2, 7.4, or 7.5 of the bylaws in 

this chapter, or the notation voting 

process described in § 6.7 of the bylaws 

in this chapter. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2012–7098 Filed 3–23–12; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0130, FRL–9612–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Nevada; Regional Haze State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing its approval 

of most of the Nevada Regional Haze 

State Implementation Plan (SIP) that 

implements the Clean Air Act (CAA) 

Regional Haze Rule requiring states to 

prevent any future and remedy any 

existing man-made impairment of 

visibility in mandatory Class I areas 

through a regional haze program. EPA 

proposed to approve all parts of 

Nevada’s SIP revisions on June 22, 2011 

(76 FR 36450). This final approval 

applies to all aspects of Nevada’s SIP 

except for that portion of Nevada’s 

determination regarding the Best 

Available Retrofit Technology (BART) to 

reduce nitrogen oxide (NOX) emissions 

at the Reid Gardner Generating Station 

(RGGS). We will take action on BART 

for NOX at RGGS in a future notice. 

DATES: Effective Date: This rule is 

effective on April 25, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0130 for 

this action. Generally, documents in the 

docket are available electronically at 

http://www.regulations.gov or in hard 

copy at EPA Region 9, 75 Hawthorne 

Street, San Francisco, California. Please 

note that while many of the documents 

in the docket are listed at http:// 

www.regulations.gov, some information 

may not be specifically listed in the 

index to the docket and may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports or otherwise 

voluminous materials), and some may 

not be available at either locations (e.g., 

confidential business information). To 

inspect the hard copy materials, please 

schedule an appointment during normal 

business hours with the contact listed 

directly below. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Webb, U.S. EPA, Region 9, 

Planning Office, Air Division, Air-2, 75 

Hawthorne Street, San Francisco, CA 

94105. Thomas Webb can be reached at 

telephone number (415) 947–4139 and 

via electronic mail at 

webb.thomas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our,’’ is used, we mean 

the United States Environmental 

Protection Agency (EPA). 

Table of Contents 

I. Background 

A. Description of Regional Haze 

B. History of Regional Haze Regulations 

C. Our Proposed Action 

II. BART Determination for NOX at Reid 

Gardner 

A. Background 

B. NDEP’s Determination 

C. Public Comments Relevant to NDEP’s 

Determination 

D. EPA’s Analysis 

III. EPA Responses to Public Comments 

Except BART for NOX at RGGS 

A. Reasonable Progress Goal 

B. Long-Term Strategy 

C. BART for SO2 and PM10 at Reid Gardner 

D. Corrections to EPA’s Technical Analysis 

IV. EPA Action 

V. Statutory and Executive Order Reviews 

I. Background 

A. Description of Regional Haze 

Regional haze is the impairment of 

visibility across a broad geographic area 

produced by numerous sources and 


sroberts on DSK5SPTVN1PROD with RULES