[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Rules and Regulations]
[Pages 9272-9274]
[FR Doc No: 2021-02793]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0049; Project Identifier MCAI-2021-00033-A;
Amendment 39-21427; AD 2021-04-06]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Pilatus Aircraft Ltd. (Pilatus) Model PC-7 airplanes. This AD results
from mandatory continuing airworthiness information (MCAI) issued by
the aviation authority of another country to identify and correct an
unsafe condition on an aviation product. The MCAI describes the unsafe
condition as a missing release bar retaining screw on a Harley-type
buckle assembly installed on a harness shoulder strap. This condition,
if not corrected, could lead to loss of pilot restraint and
consequently loss of airplane control or injuries to the crew. The FAA
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective February 12, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 12,
2021.
    The FAA must receive comments on this AD by March 29, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For IrvinGQ Limited service information identified in this final
rule, contact Pilatus Aircraft Ltd., CH-6371, Stans, Switzerland;
exception occurred on : 2021-02793.htm
exception occurred on : 2021-02793.htm
phone: +41 848 24 7 365; email: aircraft.com">[email protected]aircraft.com;
website: https://www.pilatus-aircraft.com/. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, Missouri 64106. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
It is also available at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-0049.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0049; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for the
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, Missouri
64106; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Federal Office of Civil Aviation (FOCA), which is the aviation
authority for Switzerland, has issued FOCA AD HB-2021-001-E, dated
January 8, 2021 (referred to after this as ``the MCAI''), to address
the unsafe condition on Pilatus Model PC-7 airplanes. The MCAI states:

    An occurrence was reported where in an in service event a
missing release bar retaining screw on a Harley-type buckle assembly
installed on a harness shoulder strap on an ejection seat was
detected.
    This condition, if not corrected, could lead to loss of pilot
restraint and consequently loss of aeroplane control or injuries to
the crew.
    To address this potential unsafe condition, Pilatus and IrvinGQ
issued the [service bulletins] SBs to provide inspection
instructions.
    For the reason described above, this [FOCA] AD requires the
inspection of the Harley-type buckle assemblies on the seat
harnesses of the front and rear seats, as defined in this AD, and
prohibits (re-) installation of affected parts.

    FOCA advises that the release bar retaining screws on the affected
Harley-type buckle assemblies were incorrectly peened during
manufacture. This inadequate peening of the retaining screws has led to
loose screws that can potentially be removed by hand or the actual
screw falling out of the assemblies. You may examine the MCAI in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0049.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
our bilateral agreement with the State of Design Authority, it has
notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this AD
because the agency has

determined the unsafe condition described previously is likely to exist
or develop in other products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed IrvinGQ Limited Service Bulletin IGQSB033, Issue
2, dated December 2020 (IrvinGQ SB IGQSB033, Issue 2). This service
information provides a listing of the affected parts and specifies
procedures for inspecting the Harley-type buckle assemblies and
repairing or replacing as necessary. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
ADDRESSES.

Other Related Service Information

    The FAA also reviewed Pilatus PC-7 Service Bulletin No. 25-015,
Revision 1, dated December 22, 2020. This service information specifies
inspecting and repairing the Harley-type buckle assemblies in
accordance with IrvinGQ SB IGQSB033, Issue 2.

AD Requirements

    This AD requires accomplishing the actions specified in the IrvinGQ
Limited service information already described.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because detachment of a shoulder strap from the main harness assembly
could lead to loss of pilot restraint during operational maneuvers.
Because this model airplane is certificated in the acrobatic category,
if the pilot is not restrained during aerobatic flight, or even some
normal operations, it may result in loss of airplane control, or
injuries to the crew. For this reason, the FAA has determined that
operators must comply with the actions required by this AD before
further flight. Accordingly, notice and opportunity for prior public
comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0049 and Project Identifier
MCAI-2021-00033-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Doug
Rudolph, Aviation Safety Engineer, General Aviation & Rotorcraft
Section, International Validation Branch, FAA, 901 Locust, Room 301,
Kansas City, Missouri 64106. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 21 airplanes of U.S.
registry. The FAA also estimates that it would take about .5 work-hour
per product to comply with the inspection requirement of this AD. The
average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the cost of the AD on
U.S. operators would be $892.50 or $42.50 per product.
    In addition, the FAA estimates that any necessary follow-on repair
actions would take .5 work-hour, for a cost of $42.50 per seat harness.
The FAA estimates that any necessary replacements that may be required
would take 3 work-hours and require parts costing $10,000, for a cost
of $10,255 per seat harness. The FAA has no way of determining the
number of airplanes that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-04-06 Pilatus Aircraft Ltd.: Amendment 39-21427; Docket No.
FAA-2021-0049; Project Identifier MCAI-2021-00033-A.

(a) Effective Date

    This airworthiness directive (AD) is effective February 12,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pilatus Aircraft Ltd. Model PC-7 airplanes,
all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2510, Flight
Compartment and 2560, Emergency Equipment.

(e) Unsafe Condition

    This AD was prompted by a report of a missing release bar
retaining screw on a Harley-type buckle assembly installed on a
harness shoulder strap. The FAA is issuing this AD to detect and
address defective buckle assembly release bar screws. The unsafe
condition, if not addressed, could result in loss of pilot restraint
with consequent loss of airplane control or injuries to the crew.

(f) Actions and Compliance

    (1) For airplanes with a Harley-type seat buckle assembly or
buckle component listed in the Effectivity, paragraph 2.A., of
IrvinGQ Limited Service Bulletin IGQSB033, Issue 2, dated December
2020 (IrvinGQ SB IGQSB033, Issue 2), before further flight after the
effective date of this AD, inspect each seat buckle assembly on the
front and rear seats (4 buckle assemblies total) for movement of the
release bar retaining screws by following the Accomplishment
Instructions, section 3.C.(1), of IrvinGQ SB IGQSB033, Issue 2. If
there is any movement of a release bar retaining screw, before
further flight, repair or replace the buckle assembly by following
the Accomplishment Instructions, section 3.C.(2), of IrvinGQ SB
IGQSB033 Issue 2.
    (2) As of the effective date of this AD, do not install a
Harley-type buckle assembly or buckle component listed in the
Effectivity, paragraph 2.A., of IrvinGQ SB IGQSB033 Issue 2, on the
seat harness of any airplane unless it has been inspected as
required by paragraph (f)(1) of this AD.

(g) Special Flight Permit

    A special flight permit may be issued with the following
limitations: Operation in areas of known turbulence and aerobatic
flight are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the certification office, send it to the
attention of the person identified in Related Information.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) Refer to Federal Office of Civil Aviation (FOCA) AD HB-2021-
001-E, dated January 8, 2021, for more information. You may examine
the FOCA AD at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0049.
    (2) For more information about this AD, contact Doug Rudolph,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 901 Locust, Room 301, Kansas
City, Missouri 64106; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) IrvinGQ Limited Service Bulletin IGQSB033, Issue 2, dated
December 2020.
    (ii) [Reserved]
    (3) For IrvinGQ Limited service information identified in this
AD, contact Pilatus Aircraft Ltd., CH-6371, Stans, Switzerland;
exception occurred on : 2021-02793.htm
exception occurred on : 2021-02793.htm
phone: +41 848 24 7 365; email: aircraft.com">[email protected]aircraft.com;
website: http://www.pilatus-aircraft.com/.
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 4, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-02793 Filed 2-10-21; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register: June 24, 2010 (Volume 75, Number 121)]
[Rules and Regulations]
[Page 35968-35970]
[DOCID:fr24jn10-5]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0332]
RIN 1625-AA00

Safety Zone; Fireworks Display in Stevenson, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone
covering the waters of the Columbia River in the vicinity of Stevenson,
Washington. The safety zone is necessary to help ensure the safety of
the maritime public during the fireworks display and will do so by
prohibiting all persons and vessels from

entering the safety zone unless authorized by the Captain of the Port
or his designated representative.

DATES: This rule is effective from 8 p.m. until 11 p.m. on July 4,
2010.

DATES: Documents indicated in this preamble as being available in the
docket are part of docket USCG-2010-0332 and are available online by
going to http://www.regulations.gov, inserting USCG-2010-0332 in the
``Keyword'' box, 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
temporary rule, call or e-mail MST1 Jaime Sayers, Waterways Management
Division, Sector Portland, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' 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 because it is contrary to the public interest
to delay the effective date of this rule. Delaying the effective date
by first publishing an NPRM would be contrary to the safety zone's
intended objective since immediate action is needed to protect person's
and vessels against the hazards associated with fireworks displays on
navigable waters. Such hazards include premature detonations, dangerous
detonations, dangerous projectiles and falling or burning debris.
Additionally, the zone should have negligible impact on vessel transits
due to the fact that vessels will be limited from the area for only
three hours. Accordingly, under 5 U.S.C. 553(b)(B), the Coast Guard
finds that good cause exists for not publishing an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because due to the need for
immediate action, the restriction of vessel traffic is necessary to
protect life, property and the environment; therefore, a 30-day notice
is impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the event, and enhancing public and maritime safety.

Basis and Purpose

    Fireworks displays create a hazardous condition for the maritime
public because of the large number of vessels that congregate near the
displays as well as the noise, falling debris, and explosions that
occur during the event. The establishment of a safety zone around the
display helps to ensure the safety of the maritime public by
prohibiting all persons and vessels from coming too close to the
fireworks display and the associated hazards.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on
specified waters of the Columbia River in the vicinity of Stevenson,
Washington. Specifically, the safety zone would include all waters
within an area whose boundary is defined by connecting the following
points: starting from the shore at 45[deg]41'26.70'' N/
121[deg]53'36.80'' W; thence continuing to 45[deg]41'24.62'' N/
121[deg]53'40.85'' W; thence continuing to 45[deg]41'18.10'' N/
121[deg]53'27.86'' W; thence continuing to 45[deg]41' 25.32'' N/
121[deg]53'19.42'' W; thence continuing to 45[deg] 41'30.32'' N/
121[deg]53'27.14'' W; thence continuing back to the starting point at
45[deg]41'26.70'' N/121[deg]53'36.80'' W. All persons and vessels will
be prohibited from entering the safety zone unless authorized by the
Captain of the Port or his designated representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Although this temporary rule restricts
access to the safety zone, the effect of the rule will not be
significant because: (i) The safety zone will only be in effect for
three hours on one day, and (ii) the zone is of a limited size.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    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 because the zone will be in effect for only be in effect for
three hours on one day. This rule may affect the following entities
some of which may be small entities: The owners or operators of vessels
wishing to transit or anchor in that portion of the Columbia River
between 8 p.m. and 11 p.m. on July 4, 2010.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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.

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.

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.

Protection of Children

    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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
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

0
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, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T13-143 to read as follows:

Sec.  165.T13-143  Safety Zone; Fireworks Display in Stevenson, WA

    (a) Location. The following area is a safety zone: all waters
within an area whose boundary is defined by connecting the following
points: starting from the shore at 45[deg]41'26.70'' N/
121[deg]53'36.80'' W; thence continuing to 45[deg]41'24.62'' N/
121[deg]53'40.85'' W; thence continuing to 45[deg]41'18.10'' N/
121[deg]53'27.86'' W; thence continuing to 45[deg]41'25.32'' N/
121[deg]53'19.42'' W; thence continuing to 45[deg]41'30.32'' N/
121[deg]53'27.14'' W; thence continuing back to the starting point at
45[deg]41'26.70'' N/121[deg]53'36.80'' W.
    (b) Regulations. In accordance with the general regulations in
Sec.  165.23 of this part, no person or vessel may enter or remain in
the safety zone created by paragraph (a) of this section without the
permission of the Captain of the Port, Sector Portland or his
designated representative.
    (c) Enforcement Period. The safety zone created in paragraph (a) of
this section will be in effect from 8 p.m. until 11 p.m. on July 4,
2010.

    Dated: May 14, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-15274 Filed 6-23-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Rules and Regulations]
[Pages 31518-31520]
[FR Doc No: 2012-12871]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 12

[Docket No. USCG-2003-14500]
RIN 1625-AA81

Validation of Merchant Mariners' Vital Information and Issuance
of Coast Guard Merchant Mariner's Documents (MMDs)

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is finalizing one section of regulations
previously published as an interim rule on January 6, 2004. The interim
rule was published to enhance the application procedures for the
Merchant Mariner Licensing and Documentation program, which were
necessary to improve maritime safety and promote the national security
interest of the United States, but was never published as a final rule.
The Coast Guard is finalizing the one remaining section of the interim
rule that has remained unfinalized, which is a statement of the purpose
of the rules in this part.

DATES: This final rule is effective June 28, 2012.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2003-14500, and are 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. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2003-14500 in the ``Enter Keyword or ID'' box, and then
clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Gerald Miante, Maritime Personnel Qualifications
Division, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

Sec.  Section symbol
CFR Code of Federal Regulations
FR Federal Register
MMD Merchant Mariner's Document
NMC National Maritime Center
REC Regional Examination Center
RFA Regulatory Flexibility Act
TSA Transportation Security Administration
TWIC Transportation Worker Identification Credential
U.S.C. U.S. Code

II. Regulatory History

    On June 16, 2011, we published a notice of intent with request for
comments titled ``Validation of Merchant Mariners' Vital Information
and Issuance of Coast Guard Merchant Mariner's Documents (MMDs)'' in
the Federal Register (76 FR 35173). We received no comments on the
notice. No public meeting was requested and none was held.

III. Basis and Purpose

    On January 6, 2004, the Coast Guard published in the Federal
Register (69 FR 526) an interim rule with request for comments. The
interim rule described enhancements to the application procedures for
the Merchant Mariner Licensing and Documentation program, which were
necessary to improve maritime safety and promote the national security
interests of the United States. However, subsequent rulemakings have
consolidated the majority of the application procedures within Coast
Guard regulations and therefore have either revoked or revised the
majority of the 2004 interim rule's provisions. As a result, the Coast
Guard is finalizing the single remaining section that has not been
addressed in subsequent rulemakings.
    The most recent significant rulemaking documents addressing the
interim rule provisions are as follows \1\: ((1) Implementation of the
1995 Amendments to the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978,
Supplemental Notice of Proposed Rulemaking [Docket No. USCG-2004-17914]
(75 FR 13715); (2) Large Passenger Vessel Crew Requirements, Final Rule
[USCG-2007-27761] (74 FR 47729); (3) Crewmember Identification
Documents, Final Rule [Docket No. USCG-2007-28648] (74 FR 19135); (4)
Transportation Worker Identification Credential (TWIC) Implementation
in the Maritime Sector; Hazardous Materials Endorsement for a
Commercial Driver's License, Final Rule, [Docket Nos. TSA-2006-24191;
USCG-2006-24196] (74 FR 13114); (5) Consolidation of Merchant Mariner
Qualification Credentials, Final Rule [Docket No. USCG-2006-24371] (74
FR 11196); (6) Maritime Identification Credentials, Notice of
acceptable identification credentials; phased cancellation [Docket No.
USCG-2006-24189] (74 FR 2865); and (7) Training and Service
Requirements for Merchant Marine Officers, Final Rule [Docket No. USCG-
2006-26202] (73 FR 52789).
---------------------------------------------------------------------------

    \1\ To find all the rulemaking documents associated with the
rulemakings listed here, you can view each rulemaking's docket on
www.regulations.gov.
---------------------------------------------------------------------------

IV. Background

    The one section of the January 6, 2004, interim rule that has
remained unfinalized is 46 CFR 12.01-1(a)(1): Purpose of rules in this
part. This paragraph sets forth the purpose of the rules in Part 12 as
a means for determining and verifying the identity, citizenship,
nationality, and professional qualifications an applicant must possess
to be eligible for certification to serve on merchant vessels of the
United States. The Coast Guard is finalizing this one remaining section
of the interim rule.

V. Discussion of Comments and Changes

    No comments were received. As a result, no changes were made.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the

costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
    This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    This final rule is intended to finalize 46 CFR 12.01-1(a)(1), which
is the one remaining section of regulations previously published as an
interim rule on January 6, 2004, that has not already been finalized.
That section is a statement of the purpose of the rules in part 12.
Since this final rule does not actually modify the statement of the
purpose in the referenced part, there are no costs to the merchant
marine industry and in particular the mariners.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This rulemaking, which finalizes a lawfully promulgated interim rule
and changes prefatory text only, does not require a general notice of
proposed rulemaking and, therefore, is exempt from the analysis
requirements of the Regulatory Flexibility Act. 5 U.S.C. 604.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Gerald P. Miante, Personnel
Qualifications Division, Coast Guard, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>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.
    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).

D. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

E. Federalism

    A rule has federalism implications 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 evaluated this rule under Executive Order 13132 and have
determined that although the rule is preemptive of state law or
regulation, it does not have 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. It is well settled that States may not regulate
in categories reserved for regulation by the Coast Guard. It is also
well settled that all of the categories covered in 46 U.S.C. 3306,
3703, 7101, and 8101 (design, construction, alteration, repair,
maintenance, operation, equipping, personnel qualification, and manning
of vessels) are within fields foreclosed from regulation by the States.
See United States v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000).
Congress granted to the Coast Guard the authority to regulate the
issuance of merchant mariners' documents, including the process by
which a mariner's qualifications are determined and verified for
specific ratings. Because States may not promulgate rules within this
category, this rule does not have federalism implications under
Executive Order 13132.

F. 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. This rule will not result in such
an expenditure.

G. 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.

H. 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.

I. Protection of Children

    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.

J. 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.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
Office of Management and Budget, with an explanation of why using these
standards would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specifications of materials, performance, design, or operation;
test methods; sampling procedures; and related management systems
practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

M. 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 (42 U.S.C. 4321-4370f), and have concluded 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 is categorically excluded under section 2.B.2, figure 2-1,
paragraphs (34)(a) and (c) of the Instruction. This final rule involves
regulations that are editorial and concern qualification of maritime
personnel. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 46 CFR Part 12

    Penalties, Reporting and recordkeeping requirements, Seamen.

    For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 12 as follows:

PART 12--REQUIREMENTS FOR RATING ENDORSEMENTS

0
1. The authority citation for Part 12 continues to read as follows:

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301,
7302, 7503, 7505, 7701, and 70105; Department of Homeland Security
Delegation No. 0170.1.

0
2. Amend Sec.  12.01-1 by revising paragraph (a)(1) to read as follows:

Sec.  12.01-1  Purpose of rules in this part.

    (a) * * *
    (1) A comprehensive and adequate means of determining and verifying
the identity, citizenship, nationality, and professional qualifications
an applicant must possess to be eligible for certification to serve on
merchant vessels of the United States;
* * * * *

    Dated: May 11, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-12871 Filed 5-25-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35087-35088]
[FR Doc No: 2021-14117]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-10025-45]

United States Department of Justice and Parties to Certain
Litigation; Transfer of Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that information submitted to the
Environmental Protection Agency (EPA) pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Federal Food,
Drug, and Cosmetic Act (FFDCA), and/or the Toxic Substances Control Act
(TSCA), including information that may have been claimed as
Confidential Business Information (CBI) by the submitter, has been and
will be transferred to the U.S. Department of Justice (DOJ) for
transfer to the parties to certain litigation. This transfer of data is
in accordance with the CBI regulations governing the disclosure of
potential CBI in litigation.

DATES: Access to this information by DOJ and the parties to certain
litigation is ongoing and expected to continue during the litigation as
discussed in this Notice.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Colby Linter, Program Management and Operations Division (7407M),
Office of Pollution Prevention and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC

20460-0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This notice is being provided pursuant to 40
CFR 2.209(d) to inform affected businesses that EPA, via DOJ, will
provide certain information to the parties and the Court in the matter
of In Re: Aqueous Film-Forming Foams Products Liability Litigating (MDL
No. 2:18-mn-2873-RMG) (D.S.C.) (``AFFF litigation''). The information
is contained in documents that have been submitted to EPA pursuant to
FIFRA, the FFDCA, and/or TSCA by pesticide registrants or other data-
submitters, including information that has been claimed to be, or
determined to potentially contain, CBI.
    The AFFF Litigation is Multidistrict Litigation established in
December 2018 involving over 1,000 consolidated Per- and
polyfluoroalkyl substances (PFAS) cases in the U.S. District Court for
the District of South Carolina, primarily alleging tort claims against
private parties, including manufacturers, for products liability,
public nuisance, and negligence concerning the manufacture and use of
Aqueous Film-Forming Foams (AFFF).
    Although the primary focus of the litigation is on the
manufacturers of AFFF, the United States is a party to 24 lawsuits
relating to discharges of AFFF that allegedly contaminated drinking
water at various federal sites, such as Air Force bases. The primary
federal agencies named as defendants are the Air Force, the National
Guard Bureau, and the Department of Defense, but EPA is a named
defendant in one pro se case.
    EPA is under an obligation to respond to Requests for Production
(RFPs) in In Re: Aqueous Film-Forming Foams Products Liability
Litigating (MDL No. 2:18-mn-2873-RMG) (D.S.C.). The case has entered
the discovery phase, and although a final Scheduling Order has not yet
been entered, the Court has ordered expedited discovery. The documents
being produced may include ``Confidential Business Information'' such
as any material or words with rights that may be protected under the
U.S. Copyright Act of 1976, Public Law 94-553, 90 Stat. 2541, codified,
as amended, at Title 17 of the U.S. Code; trade secrets and/or
confidential business information protected from disclosure by Section
14 of the TSCA, 15 U.S.C. 2613(a); and/or documents submitted with
pesticide registration applications and may include CBI under FIFRA
section 10, 7 U.S.C. 136h, including scientific studies subject to the
disclosure restrictions of FIFRA section 10(g), 7 U.S.C. 136h(g).
    All documents that may be subject to release restrictions under
federal law will be designated as ``Confidential Information,''
``Highly Confidential Information,'' and/or ``Export Control
Information'' in the Protective Order (``Case Management Order 4.A'')
already filed and publicly available in the AFFF litigation. EPA would
only produce such documents in accordance with the Protective Order,
which would require that such documents would be filed under seal and
would not be available for public review, unless the information
contained in the document has been determined to not be subject to
protected status and all CBI has been redacted.

    Authority: 7 U.S.C. 301 et seq.; 15 U.S.C. 2601 et seq; 21
U.S.C. 301 et seq.

    Dated: June 28, 2021.
Pamela Myrick,
Director, Program Management and Operations Division, Office of
Pollution Prevention and Toxics.
[FR Doc. 2021-14117 Filed 6-30-21; 8:45 am]
BILLING CODE 6560-50-P