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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1146 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 

Requests for public meetings must be 

received by the Coast Guard on or before 

January 29, 2013. 

ADDRESSES: Documents mentioned in 

this preamble are part of Docket Number 

USCG–2012–0824. To view documents 

mentioned in this preamble as being 

available in the docket, go to http:// 

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Open Docket 

Folder’’ on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may submit comments, identified 

by docket number, using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: (202) 493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Joseph Graun, 

Prevention Department, U.S. Coast 

Guard Sector Long Island Sound, (203) 

468–4544, Joseph.L.Graun@uscg.mil; or 

Lieutenant Isaac M. Slavitt, Waterways 

Management Division, U.S. Coast Guard 

First District, (617) 223–8385. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

I–95 Interstate 95 

LIS Long Island Sound 

NPRM Notice of Proposed Rulemaking 

RNA Regulated navigation area 

RR Railroad 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking, indicate the specific section 

of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

You may submit your comments and 

material online at http:// 

www.regulations.gov, or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online, it will be considered 

received by the Coast Guard when you 

successfully transmit the comment. If 

you fax, hand deliver, or mail your 

comment, it will be considered as 

having been received by the Coast 

Guard when it is received at the Docket 

Management Facility. We recommend 

that you include your name and a 

mailing address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on ‘‘Submit 

a Comment’’ on the line associated with 

this rulemaking. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a self-addressed, 

stamped, postcard or envelope. We will 

consider all comments and material 

received during the comment period 

and may change the rule based on your 

comments. 

2. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this rulemaking. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

4. Public Meeting 

We currently do not plan to hold a 

public meeting. You may, however, 

submit a request for one, using one of 

the methods specified under ADDRESSES. 

Please explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid in this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

B. Regulatory History and Information 

Under 5 U.S.C. 553(b)(B), the Coast 

Guard finds that good cause exists for 

not publishing a notice of proposed 

rulemaking (NPRM) with respect to this 

rule. 

A full waterway closure was not 

requested of the Coast Guard until 

November 21, 2012 when the 

Connecticut Department of 

Transportation (CT DOT) requested a 

complete waterway closure beginning 

January 7, 2013. This late submission 

did not give the Coast Guard enough 

time to publish an NPRM, take public 

comments, and issue a final rule before 

work begins in January. 

It would be impracticable and 

contrary to the public interest to delay 

promulgating this rule, as it is necessary 

to protect the safety of both the 

construction crew and the waterway 

users operating in the vicinity of the 

bridge construction zone. A delay or 

cancellation of the currently ongoing 

bridge rehabilitation project in order to 

accommodate a full notice and comment 

period would delay necessary 

operations, result in increased costs, 

and delay the date when the bridge is 

expected to reopen for normal 

operations. The Coast Guard believes it 

would be impracticable and contrary to 

the public interest to delay this 

regulation. At any time, the Coast Guard 

may publish an amended rule if 

necessary to address public concerns. 

For the same reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 1147 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

C. Basis and Purpose 

Under the Ports and Waterways Safety 

Act, 33 U.S.C. 1221–1236, and 

Department of Homeland Security 

Delegation No. 0170.1, the Coast Guard 

has the authority to establish RNAs in 

defined water areas that are determined 

to have hazardous conditions and in 

which vessel traffic can be regulated in 

the interest of safety. 

The purpose of this rulemaking is to 

provide for safety on the navigable 

waters in the regulated area during 

bridge reconstruction. 

D. Discussion of the Interim Rule 

The Coast Guard is establishing an 

RNA on the navigable waters of the 

Housatonic River surrounding the 

Moses Wheeler Bridge which spans 

from Stratford to Milford, CT. This RNA 

allows the Captain of the Port Sector 

Long Island Sound (COTP) to establish 

speed and wake restrictions and to 

prohibit vessel traffic on this portion of 

the river for limited periods when 

necessary for the safety of vessels and 

workers during construction work in the 

channel. The Coast Guard will enforce 

a six knot speed limit as well as a ‘‘NO 

WAKE’’ zone and be able to close the 

designated area to all vessel traffic 

during any circumstance, planned or 

unforeseen, that poses an imminent 

threat to waterway users or construction 

operations in the area. Complete 

waterway closures will be minimized to 

that period absolutely necessary and 

made with as much advanced notice as 

possible. During closures, mariners may 

request permission from the COTP to 

transit through the RNA. 

This rule was prompted by the 

navigation safety situation created by 

reconstruction of the Moses Wheeler 

Bridge (sometimes referred to as the 

Interstate-95 (I–95) Bridge or the 

Housatonic River Bridge). This bridge 

carries I–95 (Connecticut Turnpike) over 

the Housatonic River between Stratford 

and Milford CT. The present bridge was 

built in the 1950s and designed with a 

50 year life span. The bridge has 

surpassed its useable life span and the 

Connecticut Department of 

Transportation (CT DOT) has contracted 

to construct a replacement bridge. The 

contractor has begun bridge 

construction and is scheduled to 

complete the project in 2017. 

The Coast Guard has discussed this 

project with CT DOT to determine 

whether the project can be completed 

without channel closures and, if 

possible, what impact that would have 

on the project timeline. Through these 

discussions, it became clear that while 

the majority of construction activities 

during the span of this project would 

not require waterway closures, there are 

certain tasks that can only be completed 

in the channel and will require closing 

the waterway. Specifically, this includes 

the demolition of steel support beams. 

These large and extremely heavy steel 

support beams are suspended 55 feet 

above the water; to demolish them, they 

must be cut into sections and lowered 

on to a barge. This process will be 

extremely complex and presents many 

safety hazards including overhead crane 

operations, overhead cutting operations, 

potential falling debris, and barges 

positioned in the channel with a 

restricted ability to maneuver. 

In a letter to the U.S. Coast Guard 

dated November 21, 2012, CT DOT 

outlined two phases of operations that 

require in-channel work, two steps of 

which will require waterway closures. 

CT DOT will notify the Coast Guard as 

far in advance as possible if additional 

closures are needed. The Coast Guard 

has a copy of this letter in the docket. 

The first planned closure period will 

be three days during January of 2013. 

The purpose of this closure is to remove 

the steel support beams of the existing 

Moses Wheeler Bridge northbound 

span. Currently, the Coast Guard 

anticipates the three days will be 

weekdays and the closure will be in 

effect from 7 a.m. through 7 p.m. 

The second planned closure period is 

anticipated to be three days during 

January of 2014. The purpose of this 

closure is to remove the steel support 

beams of the existing Moses Wheeler 

Bridge southbound span. The three days 

will be weekdays and the closure will 

be in effect from 7 a.m. through 7 p.m. 

Entry into, anchoring, or movement 

within this RNA during a closure is 

prohibited unless authorized by the 

COTP or a designated representative. 

If the project is completed before 

November 30, 2017, the COTP will 

suspend enforcement of the RNA. The 

COTP will ensure that any notice of the 

suspension of enforcement reaches 

affected segments of the public by all 

appropriate means. Such means of 

notification could include, but would 

not be limited to, Broadcast Notice to 

Mariners and Local Notice to Mariners. 

E. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

The Coast Guard determined that this 

rulemaking will not be a significant 

regulatory action for the following 

reasons: Vessel traffic will only be 

restricted from the RNA for limited 

durations and the RNA covers only a 

small portion of the navigable 

waterways and all closures currently 

planned are scheduled during winter 

months when vessel traffic is low. 

Advanced public notifications will also 

be made to local mariners through 

appropriate means, which could 

include, but would not be limited to, 

Local Notice to Mariners and Broadcast 

Notice to Mariners. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The Coast 

Guard certifies under 5 U.S.C. 605(b) 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. This rule will 

affect the following entities, some of 

which may be small entities: The 

owners or operators of vessels intending 

to enter or transit within the RNA 

during a vessel restriction period. 

The RNA would not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: The RNA would be of 

limited size and any waterway closure 

of short duration. Additionally, all 

closures currently planned are 

scheduled during winter months when 

vessel traffic is low, before the effective 

period of a waterway closure, advanced 

public notifications will be made to 

local mariners through appropriate 

means, which could include, but would 

not be limited to, Local Notice to 

Mariners and Broadcast Notice to 

Mariners. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

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1148 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children From 

Environmental Health Risks 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

restricting vessel movement within a 

regulated navigation area. This rule is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for Part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0824 to read as 

follows: 

§ 165.T01–0824 Regulated Navigation 

Area; Housatonic River Bridge Replacement 

Operations; Stratford, CT 

(a) Location. The following area is a 

regulated navigation area (RNA): All 

navigable waters of the Housatonic 

River between Stratford and Milford, 

CT, from bank to bank, surface to 

bottom; bounded to the north by the 

Metro North Railroad (RR) Bridge 

marked by a line connecting the 

following points: Point ‘‘A’’, 

41°12′17.19′′ N, 073°06′40.29′′ W 

western edge of the RR bridge in 

Stratford, CT, east to point ‘‘B’’, 

41°12′20.13′′ N, 073°6′29.05′′ W eastern 

edge of the RR bridge in Milford CT; 

bounded to the south by a line 

connecting the following points: Point 

‘‘C’’ 41°12′14.36′′ N, 073°06′41.06′′ W 

western edge of construction trestle in 

Stratford, CT, east to point ‘‘D’’ 

41°12′15.86′′ N, 073°06′27.57′′ W eastern 

bank of Housatonic River, Milford, CT. 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Rules and Regulations 1149 

All coordinates are North American 

Datum 1983. 

(b) Regulations. (1) The general 

regulations contained in 33 CFR 165.10, 

165.11, and 165.13 apply. 

(2) In accordance with the general 

regulations, entry into, anchoring, or 

movement within the RNA, during 

periods of enforcement, is prohibited 

unless authorized by the Captain of the 

Port Long Island Sound (COTP) or the 

COTP’s designated representative. 

(3) During periods of enforcement, 

entry and movement within the RNA is 

subject to a ‘‘Slow-No Wake’’ speed 

limit. Vessels may not produce more 

than a minimum wake and may not 

attain speeds greater than six knots 

unless a higher minimum speed is 

necessary to maintain steerageway when 

traveling with a strong current. In no 

case may the wake produced by the 

vessel be such that it creates a danger of 

injury to persons, or damage to vessels 

or structures of any kind. 

(4) During periods of enforcement, all 

persons and vessels must comply with 

all orders and directions from the COTP 

or the COTP’s designated representative. 

(5) During periods of enforcement, 

upon being hailed by a Coast Guard 

vessel by siren, radio, flashing light or 

other means, the operator of the vessel 

must proceed as directed. 

(6) Persons and vessels may request 

permission to enter the RNA during 

periods of closure on VHF–16 or via 

phone at 203–468–4401. 

(7) Notwithstanding anything 

contained in this rule, the Rules of the 

Road (33 CFR part 84—Subchapter E, 

inland navigational rules) are still in 

effect and must be strictly adhered to at 

all times. 

(c) Effective period. This rule is 

effective from January 7, 2013 through 

November 30, 2017. 

(d) Enforcement period. Except when 

suspended in accordance with 

paragraph (e) of this section, this RNA 

is enforceable 24 hours a day during the 

effective period. 

(e) Suspension of enforcement. The 

COTP may suspend enforcement of the 

RNA. If enforcement is suspended, the 

COTP will cause a notice of the 

suspension of enforcement by all 

appropriate means to promote the 

widest publicity among the affected 

segments of the public. Such means of 

notification may include, but are not 

limited to, Broadcast Notice to Mariners 

and Local Notice to Mariners. Such 

notifications will include the date and 

time that enforcement is suspended as 

well as the date and time that 

enforcement will resume. 

(f) Waterway closure. The COTP may 

temporarily suspend all traffic through 

the RNA for any situation that would 

pose imminent hazard to life on the 

navigable waters. In the event of a 

complete waterway closure, the COTP 

will make advance notice of the closure 

by all means available to promote the 

widest public distribution including, 

but not limited to, Broadcast Notice to 

Mariners and Local Notice to Mariners. 

Such notification will include the date 

and time of the closure as well as the 

date and time that normal vessel traffic 

can resume. 

(g) Violations of this RNA may be 

reported to the COTP, at 203–468–4401 

or on VHF-Channel 16. Persons in 

violation of this RNA may be subject to 

civil or criminal penalties. 

Dated: December 20, 2012. 

T.J. Vitullo, 

Captain, U.S. Coast Guard, Acting 

Commander, First Coast Guard District. 

[FR Doc. 2013–00211 Filed 1–7–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2012–0792; FRL–9766–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; State of Nevada; 

Redesignation of Clark County to 

Attainment for the 1997 8-Hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve, as a revision of the Nevada 

state implementation plan, the State’s 

plan for maintaining the 1997 8-hour 

ozone standard in Clark County for ten 

years beyond redesignation, and the 

related motor vehicle emissions 

budgets, because they meet the 

applicable requirements for such plans 

and budgets. EPA is also taking final 

action to approve a request from the 

Nevada Division of Environmental 

Protection to redesignate the Clark 

County ozone nonattainment area to 

attainment for the 1997 8-hour ozone 

National Ambient Air Quality Standard 

because the area meets the statutory 

requirements for redesignation under 

the Clean Air Act. 

DATES: Effective Date: This rule is 

effective on February 7, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R09–OAR–2012–0792. 

Generally, documents in the docket for 

this action are available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., confidential business information 

or ‘‘CBI’’). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Ginger Vagenas, Air Planning Office 

(AIR–2), U.S. Environmental Protection 

Agency, Region IX, (415) 972–3964, 

vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

Table of Contents 

I. Summary of Proposed Action 

A. Determination That the Area Has 

Attained the Applicable NAAQS 

B. The Area Must Have a Fully Approved 

SIP Meeting Requirements Applicable 

for Purposes of Redesignation Under 

Section 110 and Part D 

C. The Area Must Show the Improvement 

in Air Quality Is Due to Permanent and 

Enforceable Emissions Reductions 

D. The Area Must Have a Fully Approved 

Maintenance Plan Under CAA Section 

175A 

II. Public Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Summary of Proposed Action 

On November 13, 2012 (77 FR 67600), 

we proposed to take several related 

actions. First, under Clean Air Act (CAA 

or ‘‘Act’’) section 110(k)(3), EPA 

proposed to approve a submittal from 

the Nevada Division of Environmental 

Protection (NDEP) dated April 11, 2011 

of Clark County’s Ozone Redesignation 

Request and Maintenance Plan (March 

2011) (‘‘Clark County Ozone 

Maintenance Plan’’ or ‘‘Ozone 

Maintenance Plan’’) as a revision to the 

Nevada state implementation plan (SIP). 

In connection with the Clark County 

Ozone Maintenance Plan, EPA proposed 

to find that the maintenance 

demonstration showing that the area 

will continue to attain the 1997 8-hour 

ozone national ambient air quality 

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