5722 Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules and Regulations 

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 the 

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. 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T05–1062 to 

read as follows: 

§ 165.T05–1062 Safety Zone; Atlantic 

Intracoastal Waterway, Oak Island, NC. 

(a) Regulated area. The following area 

is a safety zone: This zone includes the 

waters directly under and 100 yards 

either side of the NC 133 Fixed Bridge 

crossing the Atlantic Intracoastal 

Waterway, mile 311.8, at Oak Island, 

North Carolina (33°55′18′′ N/078°04′22′′ 

W). 

(b) Regulations. The general safety 

zone regulations found in 33 CFR 

165.23 apply to the safety zone created 

by this temporary section, § 165.T05– 

1062. In addition the following 

regulations apply: 

(1) All vessels requiring greater than 

50 feet horizontal clearance to safely 

transit through the NC 133 Fixed Bridge 

crossing the Atlantic Intracoastal 

Waterway, mile 311.8, at Oak Island, 

North Carolina must contact the work 

supervisor on VHF–FM marine band 

radio channels 13 and 16 one hour in 

advance of intended transit. 

(2) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF–FM marine band radio channels 

13 and 16. 

(3) The operator of any vessel within 

or in the immediate vicinity of this 

safety zone shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign, and 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign. 

(c) Definitions. 

(1) Captain of the Port North Carolina 

means the Commander, Coast Guard 

Sector North Carolina or any Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port to act on his behalf. 

(2) Designated representative means 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

North Carolina to assist in enforcing the 

safety zone described in paragraph (a) of 

this section. 

(3) Work Supervisor means the 

contractors on site representative. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted by Federal, State 

and local agencies in the patrol and 

enforcement of the zone. 

(e) Enforcement period. This section 

will be enforced from 8 p.m. February 

14, 2013 through 8 p.m. June 15, 2013, 

unless cancelled earlier by the Captain 

of the Port. 

Dated: January 11, 2013. 

A. Popiel, 

Captain, U.S. Coast Guard Captain of the 

Port Sector North Carolina. 

[FR Doc. 2013–01634 Filed 1–25–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 326 

RIN 0710–AA66 

Civil Monetary Penalty Inflation 

Adjustment 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending its 

regulations to adjust its Class I civil 

penalties under the Clean Water Act and 

the National Fishing Enhancement Act 

to account for inflation. The adjustment 

of civil penalties to account for inflation 

is required by the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended. Since we have not 

made any adjustments to our Class I 

penalties to account for inflation since 

2004, we are making a second round of 

penalty adjustments to account for 

inflation. Using the adjustment criteria 

provided in the statute, the Class I civil 

penalty under the Clean Water Act 

remains at $11,000 per violation, but the 

maximum civil penalty increases to 

$32,500. Under the National Fishing 

Enhancement Act, the Class I civil 

penalty remains at $11,000 per 

violation. Increasing the maximum 

amount of the Class I civil penalty 

under the Clean Water Act to account 

for inflation will maintain the deterrent 

effects of the penalty. 

DATES: This rule is effective March 29, 

2013 without further notice, unless the 

Corps receives adverse comment by 

February 27, 2013. If we receive such 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2011–0024, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: david.b.olson@usace.army.mil. 

Include the docket number, COE–2011– 

0024, in the subject line of the message. 


pmangrum on DSK3VPTVN1PROD with 
Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules and Regulations 5723 

Mail: U.S. Army Corps of Engineers, 

ATTN: CECW–CO (David Olson), 441 G 

Street NW., Washington, DC 20314– 

1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2011–0024. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or 

email. The regulations.gov Web site is 

an anonymous access system, which 

means we will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email directly to the 

Corps without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the public docket and made available on 

the Internet. If you submit an electronic 

comment, we recommend that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson at 202–761–4922 or by 

email at david.b.olson@usace.army.mil 

or access the access the U.S. Army 

Corps of Engineers Regulatory Home 

Page at http://www.usace.army.mil/ 

Missions/CivilWorks/ 

RegulatoryProgramandPermits.aspx . 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

This rule is an inflation adjustment 

for civil penalties administered by the 

U.S. Army Corps of Engineers. It is 

necessary to comply with the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, as amended (28 U.S.C. 2461 

note) (FCPIAA). The FCPIAA requires 

Federal agencies to periodically increase 

their civil penalties to account for 

inflation to maintain the deterrent 

effects of those penalties. On August 3, 

2011, the Deputy Secretary of Defense 

delegated to the Secretary of the Army 

the authority and responsibility to 

adjust penalties administered by the 

U.S. Army Corps of Engineers. On 

August 29, 2011, the Secretary of the 

Army delegated that authority and 

responsibility to the Assistant Secretary 

of the Army for Civil Works. 

The maximum Class I civil penalty for 

violations under Section 309(g) of the 

Clean Water Act would increase from 

$27,500 to $32,500. Because of the 

rounding rules of the FCPIAA, the 

minimum penalty would remain 

unchanged at $11,000 per violation. The 

Class I civil penalty for violations of 

Section 205(e) of the National Fishing 

Enhancement Act would also remain at 

$11,000 per violation. 

This rule would not result in any 

additional costs to implement the Corps 

Regulatory Program, because the Class I 

civil penalties have been in effect since 

1990. This rule merely adjusts those 

Class I civil penalties to account for 

inflation, as required by the FCPIAA. 

This rule will result in additional costs 

to members of the regulated public who 

do not comply with their Clean Water 

Act section 404 permits and a receive a 

final Class I civil administrative penalty 

order from a District Engineer, because 

it would increase the maximum penalty 

amount from $27,500 to $32,500. The 

benefit of this rule would be to increase 

the maximum Class I civil penalty 

amount to account for inflation and 

maintain the deterrent provided by that 

Class I civil penalty. 

Background 

Pursuant to Section 4 of the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, 28 U.S.C. 2461 note, as 

amended, each Federal agency is 

required to issue regulations adjusting 

for inflation the civil monetary penalties 

that can be imposed pursuant to such 

agency’s statutory authorities. The 

Corps initial adjustment to each civil 

monetary penalty under Section 309(g) 

of the Clean Water Act and Section 

205(e) of the National Fishing 

Enhancement Act was published in the 

June 25, 2004, issue of the Federal 

Register (69 FR 35515) and became 

effective on July 26, 2004. The initial 

adjustment was based on the 10 percent 

increase provided by Section 6 of the 

Federal Civil Penalties Inflation 

Adjustment Act. 

The FCPIAA requires subsequent 

adjustments to be made at least once 

every four years following the previous 

adjustment. The FCPIAA requires that 

the adjustment reflect the percentage 

increase in the Consumer Price Index 

(CPI) between June of the calendar year 

preceding the adjustment and June of 

the calendar year in which the amount 

was last set or adjusted. As the initial 

adjustment was made and published on 

June 25, 2004, the inflation adjustment 

was calculated by comparing the CPI for 

June 2004 (189.700) with the CPI for 

June 2012 (229.478), resulting in an 

inflation adjustment of 21.0 percent. 

The amount of each civil monetary 

penalty was multiplied by 21.0 percent 

(the inflation adjustment) and the 

resulting increase amounts were 

rounded in accordance with the 

rounding requirements of the FCPIAA. 

As a result of the rounding rules in the 

FCPIAA, the Class I civil penalty for 

violations under Section 309(g) of the 

Clean Water Act would remain at 

$11,000 per violation. The maximum 

penalty would increase to $32,500. The 

Class I civil penalty for violations under 

Section 205(e) of the National Fishing 

Enhancement Act would remain at 

$11,000 per violation, because of the 

rounding rules in the statute. 

Administrative Requirements 

Plain Language 

In compliance with the principles in 

the President’s Memorandum of June 1, 

1998, regarding plain language, this 

preamble is written using plain 

language. The use of ‘‘we’’ in this notice 

refers to the Corps and the use of ‘‘you’’ 

refers to the reader. We have also used 

the active voice, short sentences, and 

common everyday terms except for 

necessary technical terms. 

Paperwork Reduction Act 

This action does not impose any new 

information collection burden under the 

provisions of the Paperwork Production 

Act, 44 U.S.C. 3501 et seq. This rule 

adjusts our civil penalty amounts to 

comply with the requirements of the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended. 

Therefore, this action is not subject to 

the Paperwork Reduction Act. 


pmangrum on DSK3VPTVN1PROD with 
5724 Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules and Regulations 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. For the Corps 

regulatory program under Section 10 of 

the Rivers and Harbors Act of 1899, 

Section 404 of the Clean Water Act, and 

Section 103 of the Marine Protection, 

Research and Sanctuaries Act of 1972, 

the current OMB approval number for 

information requirements is maintained 

by the Corps of Engineers (OMB 

approval number 0710–0003). 

Executive Order 12866 and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), the Corps must 

determine whether the regulatory action 

is ‘‘significant’’ and therefore subject to 

review by the Office of Management and 

Budget (OMB) and the requirements of 

the Executive Order. The Executive 

Order defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

Pursuant to the terms of Executive 

Order 12866, we have determined that 

this rule is not a ‘‘significant regulatory 

action’’ because it does not meet any of 

these four criteria. This rule adjusts the 

maximum Class I civil penalty amount 

for violations of permit conditions and 

limitations for activities that involve 

discharges of dredged or fill material 

into waters of the United States. 

Executive Order 13132 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires the Corps to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have Federalism 

implications.’’ The phrase ‘‘policies that 

have Federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects 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.’’ 

This rule does not have Federalism 

implications. We do not believe that 

adjusting our Class I civil penalties to 

account for inflation will have 

substantial direct effects on the States, 

on the relationship between the Federal 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This rule does not 

impose new substantive requirements. 

In addition, this rule will not impose 

any additional substantive obligations 

on State or local governments since it is 

applicable only to permittees who 

violate the conditions and limitations of 

certain Corps permits. Therefore, 

Executive Order 13132 does not apply 

to this rule. 

Regulatory Flexibility Act (RFA), as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq. 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to noticeand-comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, a small 

entity is defined as: (1) A small business 

based on Small Business Administration 

size standards; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district, or 

special district with a population of less 

than 50,000; or (3) a small organization 

that is any not-for-profit enterprise 

which is independently owned and 

operated and is not dominant in its 

field. 

After considering the economic 

impacts of this rule on small entities, we 

believe that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

The rule is consistent with current 

agency practice, does not impose new 

substantive requirements, and therefore 

would not have a significant economic 

impact on a substantial number of small 

entities. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under Section 202 of the UMRA, 

the agencies generally must prepare a 

written statement, including a costbenefit analysis, for proposed and final 

rules with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and Tribal governments, in the 

aggregate, or to the private sector, of 

$100 million or more in any one year. 

Before promulgating a rule for which a 

written statement is needed, section 205 

of the UMRA generally requires the 

agencies to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows the Corps 

to adopt an alternative other than the 

least costly, most cost-effective, or least 

burdensome alternative if the agency 

publishes with the final rule an 

explanation why that alternative was 

not adopted. Before the Corps 

establishes any regulatory requirements 

that may significantly or uniquely affect 

small governments, including Tribal 

governments, they must have developed 

under Section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of regulatory proposals 

with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 


pmangrum on DSK3VPTVN1PROD with 
Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules and Regulations 5725 

We have determined that this rule 

does not contain a Federal mandate that 

may result in expenditures of $100 

million or more for State, local, and 

Tribal governments, in the aggregate, or 

the private sector in any one year. This 

rule adjusts civil penalties in 

accordance with the requirements of the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended. 

This rule is consistent with current 

agency practice, does not impose new 

substantive requirements and therefore 

does not contain a Federal mandate that 

may result in expenditures of $100 

million or more for State, local, and 

Tribal governments, in the aggregate, or 

the private sector in any one year. 

Therefore, this rule is not subject to the 

requirements of Sections 202 and 205 of 

the UMRA. For the same reasons, we 

have determined that this rule contains 

no regulatory requirements that might 

significantly or uniquely affect small 

governments. Therefore, this rule is not 

subject to the requirements of Section 

203 of UMRA. 

National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, section 12(d) (15 U.S.C. 272 note) 

directs us to use voluntary consensus 

standards in our regulatory activities, 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs us to 

provide Congress, through OMB, 

explanations when we decide not to use 

available and applicable voluntary 

consensus standards. 

This rule does not involve technical 

standards. Therefore, we did not 

consider the use of any voluntary 

consensus standards. 

Executive Order 13045 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), applies to any rule that: 

(1) is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

we have reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

we must evaluate the environmental 

health or safety effects of the rule on 

children, and explain why the 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives. 

This rule is not subject to this 

Executive Order because it is not 

economically significant as defined in 

Executive Order 12866. In addition, it 

does not concern an environmental or 

safety risk that we have reason to 

believe may have a disproportionate 

effect on children. 

Executive Order 13175 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires 

agencies to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by tribal officials in the 

development of regulatory policies that 

have tribal implications.’’ The phrase 

‘‘policies that have tribal implications’’ 

is defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on one or 

more Indian tribes, on the relationship 

between the Federal government and 

the Indian tribes, or on the distribution 

of power and responsibilities between 

the Federal government and Indian 

tribes.’’ 

This rule does not have tribal 

implications. It will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes. This rule 

adjusts the civil penalties in 33 CFR 

326.6 to account for inflation, as 

required by the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended. It is generally consistent with 

current agency practice and does not 

impose new substantive requirements. 

Therefore, Executive Order 13175 does 

not apply to this rule. 

Environmental Documentation 

The Corps prepares appropriate 

environmental documentation, 

including Environmental Impact 

Statements when required, for all permit 

decisions. Therefore, environmental 

documentation under the National 

Environmental Policy Act is not 

required for this rule. This rule only 

revises our Class I civil penalties to 

account for inflation, as required by the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended. 

Appropriate environmental 

documentation has been, or will be, 

prepared for each permit action that is 

subject to the Class I administrative 

penalty process. 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. We will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Executive Order 12898 

Executive Order 12898 requires that, 

to the greatest extent practicable and 

permitted by law, each Federal agency 

must make achieving environmental 

justice part of its mission. Executive 

Order 12898 provides that each Federal 

agency conduct its programs, policies, 

and activities that substantially affect 

human health or the environment in a 

manner that ensures that such programs, 

policies, and activities do not have the 

effect of excluding persons (including 

populations) from participation in, 

denying persons (including 

populations) the benefits of, or 

subjecting persons (including 

populations) to discrimination under 

such programs, policies, and activities 

because of their race, color, or national 

origin. 

This rule is not expected to negatively 

impact any community, and therefore is 

not expected to cause any 

disproportionately high and adverse 

impacts to minority or low-income 

communities. This rule relates solely to 

the adjustments to Class I civil penalties 

under Section 309(g)(2)(A) of the Clean 

Water Act and Section 205(e) of the 

National Fishing Enhancement Act to 

account for inflation. 

Executive Order 13211 

This rule is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

This rule relates only to the adjustments 

to Class I civil penalties under Section 

309(g)(2)(A) of the Clean Water Act and 

Section 205(e) of the National Fishing 

Enhancement Act to account for 


pmangrum on DSK3VPTVN1PROD with 
5726 Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules and Regulations 

inflation. This rule is consistent with 

current agency practice, does not 

impose new substantive requirements, 

and therefore will not have a significant 

adverse effect on the supply, 

distribution, or use of energy. 

List of Subjects in 33 CFR Part 326 

Administrative practice and 

procedure, Intergovernmental relations, 

Investigations, Law enforcement, 

Navigation (water), Water pollution 

control, Waterways. 

Dated: January 22, 2013. 

Approved by: Jo-Ellen Darcy, 

Assistant Secretary of the Army (Civil Works). 

For the reasons set forth in the 

preamble, the Corps amends 33 CFR 

part 326 as follows: 

PART 326—ENFORCEMENT 

■ 1. The authority citation for 33 CFR 

part 326 continues to read as follows: 

Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. 

1344; 33 U.S.C. 1413; 33 U.S.C. 2104; 33 

U.S.C. 1319; 28 U.S.C. 2461 note. 

■ 2. Amend § 326.6 by revising 

paragraph (a)(1) to read as follows: 

§ 326.6 Class I administrative penalties. 

(a) Introduction. (1) This section sets 

forth procedures for initiation and 

administration of Class I administrative 

penalty orders under Section 309(g) of 

the Clean Water Act, and Section 205 of 

the National Fishing Enhancement Act. 

Under Section 309(g)(2)(A) of the Clean 

Water Act, Class I civil penalties may 

not exceed $11,000 per violation, except 

that the maximum amount of any Class 

I civil penalty shall not exceed $32,500. 

Under Section 205(e) of the National 

Fishing Enhancement Act, penalties for 

violations of permits issued in 

accordance with that Act shall not 

exceed $11,000 for each violation. 

* * * * * 

[FR Doc. 2013–01659 Filed 1–25–13; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 330 

RIN 0710–AA60 

Nationwide Permit Program 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers is amending its nationwide 

permit regulations so that district 

engineers can issue nationwide permit 

verification letters that expire on the 

same date a nationwide permit expires. 

This amendment will provide regulatory 

flexibility and efficiency, by allowing 

district engineers to issue nationwide 

permit verifications that are valid for the 

same period of time a nationwide 

permit is in effect. We are also 

amending these regulations to reflect the 

45-day pre-construction notification 

review period that has been in effect for 

the nationwide permit ‘‘preconstruction notification’’ general 

condition since June 7, 2000. 

DATES: Effective Date: February 27, 

2013. 

ADDRESSES: U.S. Army Corps of 

Engineers, Attn: CECW–CO, 441 G 

Street NW., Washington, DC 20314– 

1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson at 202–761–4922 or by 

email at david.b.olson@usace.army.mil, 

or access the U.S. Army Corps of 

Engineers Regulatory Home Page at 

http://www.usace.army.mil/Missions/ 

CivilWorks/ 

RegulatoryProgramandPermits.aspx. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

The U.S. Army Corps of Engineers 

(Corps) issues nationwide permits 

(NWPs) to authorize certain activities 

that require Department of the Army 

permits under Section 404 of the Clean 

Water Act and/or Section 10 of the 

Rivers and Harbors Act of 1899. The 

NWPs authorize activities that have 

minimal individual and cumulative 

adverse environmental effects. The 

NWPs are proposed, issued, modified, 

reissued, and revoked from time to time 

(generally five years), after an 

opportunity for public notice and 

comment. 

Some NWPs require project 

proponents to notify Corps district 

engineers prior to commencing NWP 

activities. These notifications are called 

pre-construction notifications (PCNs), 

and they provide district engineers with 

opportunities to confirm whether or not 

the proposed activities qualify for NWP 

authorization. For most NWPs, the 

district engineer has to respond within 

45 days of receipt of a complete PCN. 

If, after reviewing the PCN, the district 

engineer determines that the proposed 

activity qualifies for NWP authorization, 

the district engineer issues an NWP 

verification letter to the project 

proponent. The NWP verification may 

contain special conditions to ensure that 

the NWP activity results in minimal 

individual and cumulative effects on the 

aquatic environment and the Corps 

public interest review factors. 

This rule has two effects: 

1. Most NWPs, through the 

application of the PCN general 

condition, have a 45-day review period 

for PCNs. The NWP regulations, 

however, dating back to 1991, still 

specify the default PCN review period 

as 30 days. This final rule makes the 

NWP regulation consistent with the 

current NWP PCN general condition, 

which will reduce confusion and ensure 

consistent implementation. 

2. NWPs are reissued every 5 years, 

but NWP verification letters expire 

within two years. This rule will change 

the verification letter expiration date to 

be the same as the expiration date of the 

applicable NWP(s). This will ease the 

regulatory burden on permittees whose 

construction is not completed within 

two years by making it unnecessary to 

reverify the NWP authorization. 

Background 

The last reissuance of the NWPs, 

including the PCN general condition 

(general condition 31), was published in 

the February 21, 2012, issue of the 

Federal Register (77 FR 10184). The 

2012 NWPs expire on March 18, 2017. 

The Corps regulations governing the 

NWP program are provided at 33 CFR 

part 330. The current NWP regulations 

were published in the Federal Register 

on November 22, 1991 (56 FR 59110). 

Section 330.1(e) of the 1991 rule 

provided district engineers with 30 days 

to review notifications to determine 

whether proposed NWP activities result 

in minimal individual and cumulative 

adverse environmental effects and are in 

the public interest. Section 

330.6(a)(3)(ii) of the 1991 regulation 

stated that NWP verification letters can 

be valid for no more than two years. 

Since 1991, there have been substantial 

changes to the NWP program and other 

Federal programs that warrant 

amendments to these provisions. 

In the November 30, 2004, issue of the 

Federal Register (69 FR 69563) we 

published a proposed rule to amend 

these provisions of the NWP 

regulations: 

1. In § 330.1(e)(1) and § 330.4(c)(6) 

and (d)(6), we proposed to change the 

PCN review period from 30 days to 45 

days, to conform with the length of the 

PCN review period that has been in use 

for certain NWPs since 1996. On June 7, 

2000, the 45-day PCN review period was 

applied to all NWPs requiring preconstruction notification (see 65 FR 

12818). The 45-day PCN review period 

is found in the ‘‘pre-construction 


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