### 29096 Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Proposed Rules

analyzed this proposed 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property

This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.

11. Indian Tribal Governments

This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

14. Environment

We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves establishment of a temporary safety zone. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A preliminary 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 proposed 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 proposes to amend 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. 1226, 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.T11–564 to read as follows: **§ 165.T11–564 Safety Zone; Coronado Fourth Of July Fireworks, Glorietta Bay;**  **Coronado, CA**

(a) Location. The zone will include all navigable waters within 800 feet of the fireworks barge located in Glorietta Bay in approximate position: 32 ° 40′43.0′′ N,
117 ° 10′ 14.3 ′′ W.

(b) Enforcement Period. This section will be enforced from 8:45 p.m. to 10:00 p.m. on July 4, 2013. If the event concludes prior to the scheduled termination time, the Captain of the Port will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners.

(c) Definitions. The following definition applies to this section: Designated representative, means any commissioned, warrant, or petty officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, state, and federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port.

(d) Regulations. (1) Entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port of San Diego or his designated representative.

(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or his designated representative.

(3) Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.

(4) The Coast Guard may be assisted by other federal, state, or local agencies.

Dated: May 2, 2013. S.M. Mahoney, Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013–11747 Filed 5–16–13; 8:45 am]

**BILLING CODE 9110–04–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R04–OAR–2013–0044; FRL–9814–4]**

**Approval and Promulgation of Implementation Plans; Tennessee;**  **Transportation Conformity Revisions**

**AGENCY :**  Environmental Protection Agency.

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and


### 29097 Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Proposed Rules

Conservation, Bureau of Environment, Air Pollution Control Division, on July 12, 2012. This revision consists of updates to transportation conformity criteria and procedures related to interagency consultation andenforceability of certain transportationrelated control and mitigation measures. The intended effect is to update the transportation conformity criteria and procedures in the Tennessee SIP. This action is being taken pursuant to section 110 of the Clean Air Act. In the final rules section of this issue of the Federal Register , EPA is approving the State’s SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.

**DATES :**  Written comments must be received on or before June 17, 2013.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R04– OAR–2013–0044, by one of the following methods:

1. www.regulations.gov: Follow the on-line instructions for submitting
comments.

2. Email: R4–RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2013– 0044,’’ Air Quality Modeling and Transportation Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960.

5. Hand Delivery or Courier: Kelly Sheckler, Air Quality Modeling and Transportation Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays.

Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit
comments.

**FOR FURTHER INFORMATION CONTACT :**  Amanetta Somerville or Kelly Sheckler, Air Quality Modeling and Transportation Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Ms. Somerville’s telephone number is 404– 562–9025. She can also be reached via electronic mail at sheckler.kelly@epa.gov. Ms. Sheckler’s telephone number is 404–562–9222. She can also be reached via electronic mail
at sheckler.kelly@epa.gov

. **SUPPLEMENTARY INFORMATION :**  For additional information see the direct final rule which is published in the final rules section of this issue of the Federal Register

.

Dated: May 8, 2013. A. Stanley Meiburg, Acting Regional Administrator, Region 4.
[FR Doc. 2013–11678 Filed 5–16–13; 8:45 am]

**BILLING CODE 6560–50–P**

**FEDERAL COMMUNICATIONS COMMISSION** 

**47 CFR Part 54**

**[CC Docket Nos. 01–92 and 94–45; GN Docket No. 09–51; WC Docket Nos. 10–92,**  **07–135, 05–337, and 03–109; WT Docket No. 10–208; Report No. 2975]** 

**Petition for Reconsideration of Action in Rulemaking Proceeding** 

**AGENCY :**  Federal Communications Commission.

**ACTION :**  Petition for reconsideration.

**SUMMARY :**  In this document, a Petition for Reconsideration and Clarification (Petition) has been filed in the Commission’s Rulemaking proceeding by David Cohen on behalf of United States Telecom Association.

**DATES :**  Oppositions to the Petition must be filed on or before June 3, 2013. Replies to an opposition must be filed on or before June 11, 2013.

**ADDRESSES :**  Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.

**FOR FURTHER INFORMATION CONTACT :**  Alexander Minard, Wireline Competition Bureau, (202) 418–7400 or TTY: (202) 418–0484.

**SUPPLEMENTARY INFORMATION :**  This is a summary of Commission document Report No. 2975, released May 1, 2013. The full text of Report No. 2975 is available for viewing and copying in Room CY–B402, 445 12th Street SW., Washington, DC, 20554, or may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI) (1–800–378–3160). The Commission will not send a copy of this Notice pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because this Notice does not have an impact on any rules of particular applicability.

Subject: Connect America Fund: A National Broadband Plan for Our Future; Establishing Just and ReasonableRates for Local Exchange Carriers; HighCost Universal Service Support; Developing a Unified Intercarrier Compensation Regime; Federal-State Joint Board on Universal Service; Lifeline and Link-Up; Universal Service Reform—Mobility Fund, document DA 13–332, published at 78 FR 22198, April 15, 2013, in WC Docket Nos. 10–90, 07– 135, 05–337, 03–109, GN Docket No. 09–51, CC Docket Nos. 01–92, 96–45, WT Docket No. 10–208, and published pursuant to 47 CFR 1.429(e). See also 1.4(b)(1) of the Commission’s rules.

Number of Petitions Filed: 1.

Federal Communications Commission. Gloria J. Miles, Federal Register Liaison, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013–11796 Filed 5–16–13; 8:45 am]

**BILLING CODE 6712–01–P**

**FEDERAL COMMUNICATIONS COMMISSION** 

**47 CFR Part 54**

**[WC Docket Nos. 10–90 and 05–337; Report No. 2976]** 

**Petition for Reconsideration of Action in Rulemaking Proceeding** 

**AGENCY :**  Federal Communications Commission.

**ACTION :**  Petition for reconsideration.

**SUMMARY :**  In this document, a Petition for Reconsideration (Petition) has been filed in the Commission’s Rulemaking proceeding filed by Derrick Owens, Jerry Weikle, Gerald J. Duffy, and Richard A. Askoff on behalf of the Western Telecommunications Alliance, the Eastern Rural Telecom Association, and the National Exchange Carrier Association, Inc.

**DATES :**  Oppositions to the Petition must be filed on or before June 3, 2013. Replies to an opposition must be filed on or before June 11, 2013.