[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Rules and Regulations]
[Pages 80136-80139]
[FR Doc No: 2023-25447]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0286]
RIN 1625-AA00

Safety Zone; Shrewsbury River, S-32 Bridge, Boroughs of Rumson
and Sea Bright, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Shrewsbury River, within a 100-yard radius of
the center point of the S-32 Bridge on County Route 520 (Rumson Road),
in the boroughs of Rumson and Sea Bright, New Jersey. The safety zone
will include the East and West navigational channels and will
temporarily close down a portion of the Shrewsbury River under and
adjacent to the S-32 Bridge. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
associated with the bridge construction. When enforced, entry of
vessels or persons into this zone during the enforcement periods is
prohibited unless specifically authorized by the Captain of the Port
New York or a designated representative.

DATES: This rule is effective from December 1, 2023, through December
31, 2024.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0286 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call, or email MST1 Melanie Hughes, Waterways Management Division, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 15, 2023, the Coast Guard received notification from WSP
USA Inc. requesting to close a portion of the Shrewsbury River for the
replacement of the S-32 Bridge on County Route 520 (Rumson Road) over
the Shrewsbury River in the Boroughs of Rumson and Sea Bright, NJ;
Federal Project No. STBGP-0520(300); NJDOT Job No. 6700352. In
response, on May 23, 2023, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Safety Zone; Shrewsbury River, S-32
Bridge, Boroughs of Rumson and Sea Bright, NJ'' (88 FR 33054). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this safety zone. During the comment
period that ended June 22, 2023, we received one comment, that is
discussed in section IV below.
    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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with replacement of
the S-32 Bridge that will impact navigation along the Shrewsbury River.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port New York (COTP) has determined that
potential hazards associated with the bridge construction would be a
safety concern for anyone within a 100-yard radius of the center point
of the bridge. The purpose of this rulemaking is to protect personnel,
vessels, and the marine environment from potential hazards created by
the S-32 Bridge construction activities within a 100-yard radius.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published May
23, 2023. The comment is in favor of the rule, however identified a
variety of concerns including channel reduction and impact on velocity
of current, on scene management of vessel traffic, project background,
and the time of year for a portion of the waterway closures.
Additionally, as you will notice as we address the comments below, we
have made a change to the effective dates of the rule to account for a
delay in the start date.
    The commenter expressed concerns with the reduced horizontal
clearance of 37 feet and increasing the velocity of the current and
vessels losing steerage and causing collisions and distress calls. The
commenter stated that they lost steerage transiting the present draw
bridge with an oncoming vessel, spun a full 180-degrees and hit the
bridge fender system to avoid a collision. They also recommended a
safety watch during the height of the summer season.
    Coast Guard is working closely with affected stake holders to
ensure the full and partial channel closures will occur outside the
peak recreational boating season. We will notify USCG Station Sandy
Hook and New Jersey State Marine Police Carteret Station for their
awareness during patrols. Also, the Coast Guard will ensure adequate
notice and of this safety zone to mariners through dissemination of
information through the Local Notice to Mariners. NOAA has also
included the ``Bridge under construction'' label on Chart 12325 at
<https://charts.noaa.gov/PDFs/12325.pdf> to increase awareness among
mariners.
    The commenter stated there should be a safety presence directing
marine traffic and not just a bridge tender who is worried about the
bridge operation. The Coast Guard does not have the physical assets to
provide a daily on scene presence during the enforcement periods. We
will notify USCG Station Sandy Hook and New Jersey State Marine Police
Carteret Station for their awareness during patrols.
    The commenter stated this rulemaking proposal did not start on
March 15, 2023, with the request for waterway restrictions, nor in the
past 75 days.
    The commenter also stated it is not a good idea for even a partial
channel closure for a majority of the boating season and should occur
after November 30 and before April 1.
    The Coast Guard proceeded with the rulemaking request once
sufficient information was provided, as required by 33 CFR 165.5
establishment procedures.
    The commenter stated ``there is multiple 180-foot by 64-foot crane
barge spudded down in the channel while conducting heavy lift
operations each week at the new bridge. We are not building the Tappan
Zee Bridge here.'' The Coast Guard is receiving regular updates
regarding the project's construction timelines. The current project
schedule calls for one, 180-foot by 64-foot crane barge to spud down in
the channel for five days. The Coast Guard does not determine the type
of machinery used on construction projects.
    There are two updates to the information shared in the NPRM about
the project. First, The Coast Guard is receiving regular updates
regarding the project's scheduled timelines. The Coast Guard will
publish any changes to the full channel closure dates in the Local
Notice to Mariners. The public is urged to visit https://www.rumsonseabrightbridge.com/ for the most up to date information on
timelines. Second, the half-channel closure horizontal clearance will
be 37 feet 6 inches instead of the originally published 37 feet.
    As noted above there is one change to the regulatory text of this
rule from the proposed rule in the NPRM. The Coast Guard is publishing
this rulemaking to now be effective and enforceable from December 1,
2023, to account for delays, through December 31, 2024, as originally
stated. This rule now establishes a safety zone from December 1, 2023,
through December 31, 2024, but will only be enforced during periods
when heavy lift operations are in progress. The first full channel
closure is anticipated to take place sometime between January 2024 and
March 2024. The Federal navigation channel closure is due to a 180-foot
by 64-foot crane barge spudded down in the channel while conducting
heavy lift operations.
    The remainder of the bridge construction activities will partially
close the channel allowing marine traffic to pass on either the east
half or the west half of the channel. During these partial closures,
the channel will be reduced to a width of 37 feet, 6 inches. The Coast
Guard is working closely with stakeholders to ensure full and partial
closures will occur outside

of the peak recreational boating season. The safety zone covers all
navigable waters of the Shrewsbury River within 100 yards of the center
point of the S-32 Bridge. The duration of the zone is intended to
ensure the safety of personnel, vessels, and these navigable waters
during the bridge construction. During periods of heavy lift
operations, no vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration and time-of-day of the safety zone. This rule may
affect owners or operators of vessels intending to transit the
Shrewsbury River within a 100-yard radius of the center point of the S-
32 Bridge, some of which might be small entities. However, this safety
zone will not have a significant economic impact on a substantial
number of these entities because it is temporarily enforced, allows for
deviation requests, and does not impact vessel transit significantly.
Regarding the enforcement period, although this safety zone will be in
effect from December 1, 2023, through December 31, 2024, vessels will
only be prohibited from the regulated zone during periods of heavy lift
operations in correspondence to the period of enforcement. Vessels will
also be able to request deviation from this rule to transit through the
safety zone during enforcement periods. Such requests would be
considered on a case by-case basis and may be authorized by the COTP or
a designated representative. For these reasons, the Coast Guard expects
any impact of this rulemaking establishing a temporary safety zone on
Shrewsbury River within a 100-yard radius of the center point of the S-
32 Bridge to be minimal and have no significant economic impact on
small entities. The Coast Guard will notify the public of the
enforcement periods of this rule through appropriate means, which may
include, but are not limited to, publication in the Local Notice to
Mariners and Broadcast Notice to Mariners via VHF-FM marine channel 16.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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
establishing a safety zone on all navigable waters of the Shrewsbury
River, within a 100-yard radius of the center point of the S-32 Bridge,
on County Route 520 (Rumson Road) in the Boroughs of Rumson and Sea
Bright,

New Jersey. It is categorically excluded from further review under
paragraph L60 (a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T01-0286 to read as follows:

Sec.  165.T01-0286  Safety Zone; Shrewsbury River, S-32 Bridge,
Boroughs of Rumson and Sea Bright, NJ.

    (a) Location. The following area is a safety zone: All navigable
waters of the Shrewsbury River, within a 100-yard radius of the center
point of the S-32 Bridge, County Route 520 (Rumson Road) in the
boroughs of Rumson and Sea Bright, New Jersey.
    (b) Definitions. As used in this section, Designated Representative
means a Coast Guard Officer, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port New York (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, no person or vessel may enter the safety zone
described in paragraph (a) of this section unless authorized by the
Captain of the Port (COTP) or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF channel 16 or by phone at<PHONE_NUMBER> (Sector
New York Command Center). Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
    (d) Enforcement period. This section is effective from December 1,
2023, through December 31, 2024, but will only be enforced during
periods when heavy lift operations at the new bridge are in progress.

Zeita Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-25447 Filed 11-16-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Page 49520]
[FR Doc No: 2022-16997]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 89

[Docket No. FAA-2022-0859]

Accepted Means of Compliance; Remote Identification of Unmanned
Aircraft

AGENCY: Federal Aviation Administration, Department of Transportation
(DOT).

ACTION: Acceptable means of compliance; notice of availability.

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SUMMARY: This document announces the acceptance of a means of
compliance (MOC) in accordance with a rule issued by the FAA on January
21, 2021, that went into effect on April 21, 2021. The Administrator
accepts ASTM, International (ASTM) F3586-22, with additions identified
in this document as an acceptable means, but not the only means, of
demonstrating compliance with the requirements for producing standard
remote identification unmanned aircraft and remote identification
broadcast modules.

DATES: August 11, 2022.

FOR FURTHER INFORMATION CONTACT:
    FAA Contact: Avi Acharya, Communications, Surveillance & Traffic,
AIR-622, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service, Federal Aviation
Administration, AIR-600: 800 Independence Ave. SW, Washington, DC
20591; telephone 1-844-FLY-MY-UA; email: [email protected].
    ASTM Contact: Gabriel Cox, Chair, ASTM Remote ID Workgroup, 2610 NE
9th Drive, Hillsboro, OR 97124; telephone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Title 14 Code of Federal Regulations, part 89 establishes remote
identification requirements for unmanned aircraft operated in the
airspace of the United States. With a few exceptions, unmanned aircraft
produced for operation in the airspace of the United States are subject
to the production requirements of part 89. A person producing a
standard remote identification unmanned aircraft or remote
identification broadcast module for operation in the United States must
show that the unmanned aircraft or broadcast module meets the
requirements of subpart D of part 89 by following an FAA-accepted means
of compliance (MOC).
    An FAA-accepted MOC describes one means by which a person may
comply with the minimum performance requirements for remote
identification in subpart D of part 89. To be accepted by the FAA, an
MOC must meet the requirements of both subparts D and E of part 89. An
MOC must address the minimum performance requirements, as well as the
testing and validation necessary to demonstrate compliance with the
part 89 subpart D requirements. The FAA indicates its acceptance of an
MOC by publishing a Notice of Availability in the Federal Register
identifying the MOC as accepted and informing the applicant of its
acceptance.\1\
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    \1\ 14 CFR part 89, subpart D.
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Means of Compliance Accepted in This Policy

    On May 13, 2022, ASTM submitted ``Standard Practice for Remote ID
Means of Compliance to Federal Aviation Administration Regulation 14
CFR part 89'', ASTM Reference Number F3586-22, to the FAA for
acceptance. To be accepted, ASTM F3586-22 must adequately address all
of the requirements of subparts D and E of part 89 so that any standard
remote identification unmanned aircraft or remote identification
broadcast module designed and produced in accordance with ASTM F3586-22
would meet the performance requirements of subpart D.
    The FAA has reviewed, and accepts ASTM F3586-22 as an MOC to the
requirements of part 89, subpart D with additions. The FAA has
determined additions to be necessary because Section 7.5.2 of ASTM
F3586-22, requiring specific items to be masked from user input, does
not adequately ensure compliance with the tamper resistance requirement
of Sec. Sec.  89.310 and 89.320. The FAA-accepted MOC provided in this
policy therefore is comprised of ASTM F3586-22 with the following
additions:
    1. The remote identification system shall protect the part 89-
required broadcasted message from being altered or disabled by any
person.
    2. The remote identification system shall incorporate techniques or
methods that reduce the ability of any person to physically and
functionally modify or disable any aspect or component of the remote
identification system that could impact compliance with the remote
identification rule.
    3. In applying Section 7.5.2 of ASTM F3586-22, the applicant shall
determine whether masking the specified items from user input
adequately provides the functional tamper resistance protection
specified by this means of compliance, and if it does not, shall
incorporate additional functional tamper resistance techniques or
methods in accordance with this means of compliance.

Tracking Number

    Producers submitting a Declaration of Compliance to the FAA
declaring the standard remote identification unmanned aircraft or
remote identification broadcast module meets the requirements of this
FAA-accepted MOC which includes all provisions of ASTM F3586-22 and the
additions identified in this document, must include the following
tracking number: RID-ASTM-F3586-22-NOA-22-01.

Availability

    ASTM F3586-22, ``Standard Practice for Remote ID Means of
Compliance to Federal Aviation Administration Regulation 14 CFR part
89'', is available online at https://www.astm.org/f3586-22.html. ASTM
copyrights these consensus standards and charges the public a fee for
service. Individual downloads or reprints of a standard (single or
multiple copies, or special compilations and other related technical
information) may be obtained through www.astm.org. The FAA maintains a
list of accepted means of compliance on the FAA website at https://uasdoc.faa.gov/listMOC. This document serves as acceptance by the
Federal Aviation Administration of the ASTM Remote Identification
Standard F3586-22 with additions specified in this document as a means
of compliance for meeting the requirements of part 89, subpart D.

    Issued in Kansas City, Missouri, on August 3, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2022-16997 Filed 8-10-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Rules and Regulations]
[Pages 42315-42318]
[FR Doc No: 2022-15189]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0468; Project Identifier MCAI-2021-01243-T;
Amendment 39-22115; AD 2022-14-10]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-13-
08, which applied to certain Airbus SAS Model A318 series airplanes;
Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes;
Model A320-211, -212, -214, -216, -231, -232, and -233 airplanes; and
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.
AD 2018-13-08 required repetitive inspections for cracking of the
radius of the front spar vertical stringers and the horizontal floor
beam on frame (FR) 36, repetitive inspections for cracking of the
fastener holes of the front spar vertical stringers on FR 36, and
repair if necessary, and, for certain airplanes, a potential
terminating action modification of the center wing box area. This AD
was prompted by a determination that additional airplanes are subject
to the unsafe condition. This AD revises the applicability by adding
airplanes and retains the requirements of AD 2018-13-08; as specified
in a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective August 19, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 19,
2022.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0468.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0468; 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, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0241, dated November 8, 2021
(EASA AD 2021-0241) (also referred to as the MCAI), to correct an
unsafe condition for certain Airbus SAS Model A318 series airplanes;
Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes;
Model A320-211, -212, -214, -215, -216, -231, -232, and -233 airplanes;
and Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes. Model A320-215 airplanes are not certificated by the FAA and
are not included on the U.S. type certificate data sheet; this AD
therefore does not include those airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-13-08,

Amendment 39-19320 (83 FR 33809, July 18, 2018) (AD 2018-13-08). AD
2018-13-08 applied to certain Airbus SAS Model A318 series airplanes;
Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes;
Model A320-211, -212, -214, -216, -231, -232, and -233 airplanes; and
Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes.
The NPRM published in the Federal Register on April 22, 2022 (87 FR
24081). The NPRM was prompted by a report that, during a center
fuselage certification full-scale fatigue test, cracks were found on
the front spar vertical stringer at a certain frame. The NPRM was also
prompted by a determination that Model A321 airplanes that have
incorporated modification 160021 are also subject to the unsafe
condition. The NPRM proposed to revise the applicability by adding
airplanes and retain the requirements of AD 2018-13-08, as specified in
EASA AD 2021-0241.
    The FAA is issuing this AD to address fatigue cracking of the front
spar vertical stringers on the wings, which, if not corrected, could
result in the reduced structural integrity of the airplane. See the
MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from United Airlines who supported the
NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0241 describes procedures for repetitive special
detailed inspections for cracking of the radius of the front spar
vertical stringers, horizontal floor beam radius and fastener holes of
the front spear vertical stringers on frame 36. EASA AD 2021-0241
further describes procedures for repetitive high frequency eddy current
(HFEC) inspections for cracking of the horizontal floor beam,
repetitive HFEC inspections for cracking of the fastener holes of the
front spar vertical stringers on FR 36, repetitive rototest inspections
of the fastener holes of the spar vertical stringers, and repair. EASA
AD 2021-0241 also describes procedures for the modification of the
center wing box area. The modification is required for airplanes in
configuration 1, 2 or 3; and for airplanes in configuration 5, 6, or 7,
the modification is optional and is a terminating action for the
repetitive inspections when done within a specified time frame. The
modification includes related investigative and corrective actions.
Related investigative actions include an HFEC inspection on the radius
of the rib flanges, a rototest inspection of the fastener holes,
detailed and HFEC inspections for cracking on the cut edges, detailed
and rototest inspections on all open fastener holes, and an inspection
to determine if secondary structure brackets are installed. Corrective
actions include reworking the secondary structure bracket and repair.
This material is reasonably available because the interested parties
have access to it through their normal course of business or by the
means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 1,549 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                          Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                      Labor cost                  Parts cost                  Cost per product            Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from AD 2018-03-08  Up to 273 work-hours x  $87,500......................  Up to $110,705...............  Up to $1,107,050 for certain
                                      $85 per hour =                                                                        airplanes.*
                                      $23,205.
New inspections....................  25 work-hours x $85     $100.........................  $2,225.......................  $3,446,525.
                                      per hour = $2,125.
New modification (5 airplanes).....  Up to 403 work-hours x  Up to $316,900...............  Up to $351,1555..............  Up to $1,755,775.
                                      $85 per hour =
                                      $34,255.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This estimate is based on the determination in AD 2018-13-08 that only 10 airplanes of U.S. registry needed to accomplish all required actions,
  including the modification; other airplanes were only required to accomplish the terminating actions.

                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
         Labor cost                Parts cost         Cost per product
------------------------------------------------------------------------
Up to 409 work-hours x $85    Up to $66,050.......  Up to $100,815.
 per hour = $34,765.
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.

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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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:
0
a. Removing Airworthiness Directive (AD) 2018-13-08, Amendment 39-
19320; (83 FR 33809, July 18, 2018); and
0
b. Adding the following new AD:

2022-14-10 Airbus SAS: Amendment 39-22115; Docket No. FAA-2022-0468;
Project Identifier MCAI-2021-01243-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 19, 2022.

(b) Affected ADs

    This AD replaces AD 2018-13-08, Amendment 39-19320 (83 FR 33809,
July 18, 2018) (AD 2018-13-08).

(c) Applicability

    This AD applies to the Airbus SAS airplanes identified in
paragraphs (c)(1) through (4) of this AD, certificated in any
category, as identified in European Union Aviation Safety Agency
(EASA) AD 2021-0241, dated November 8, 2021 (EASA AD 2021-0241).
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, and -233
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a report that, during a center fuselage
certification full-scale fatigue test, cracks were found on the
front spar vertical stringer at a certain frame. This AD was also
prompted by a determination that Model A321 airplanes that have
incorporated modification 160021 are also subject to the unsafe
condition. The FAA is issuing this AD to address fatigue cracking of
the front spar vertical stringers on the wings, which, if not
corrected, could result in the reduced structural integrity of the
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0241.

(h) Exceptions to EASA AD 2021-0241

    (1) Where EASA AD 2021-0241 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2021-0241 does not apply
to this AD.
    (3) Where paragraph (3) of EASA AD 2021-0241 specifies actions
for airplanes repaired ``in accordance with instructions approved by
EASA or approved under Airbus DOA,'' for this AD use ``using a
method approved by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or EASA; or Airbus SAS's EASA
DOA. If approved by the DOA, the approval must include the DOA-
authorized signature.''
    (4) Where paragraph (4) of EASA AD 2021-0241 specifies to
``contact Airbus for approved corrective action instructions and
accomplish those instructions accordingly'' if cracks are detected,
for this AD if any cracking is detected, the cracking must be
repaired before further flight using a method approved by the
Manager, Large Aircraft Section, International Validation Branch,
FAA; or EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the
approval must include the DOA-authorized signature.
    (5) Where paragraph (8) of EASA AD 2021-0241 specifies actions
for airplanes inspected by additional instructions ``approved before
the effective date of this AD by Airbus DOA,'' for this AD use
``approved before the effective date of this AD by the Manager,
Large Aircraft Section, International Validation Branch, FAA; or
EASA; or Airbus SAS's EASA DOA. If approved by the DOA, the approval
must include the DOA-authorized signature.''

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2021-0241
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k) of this
AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2018-13-08 are approved as
AMOCs for the corresponding provisions of EASA AD 2021-0241 that are
required by paragraph (g) of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(k) Related Information

    For more information about this AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone 206-
231-3229; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0241,
dated November 8, 2021.

    (ii) [Reserved]
    (3) For EASA AD 2021-0241, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material 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 protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-15189 Filed 7-14-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Proposed Rules]
[Pages 62500-62502]
[FR Doc No: 2021-24588]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0808]
RIN 1625-AA08

Safety Zone; Tchefuncte River, Madisonville, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for a fireworks display on December 4, 2021 from 9 p.m. through 10
p.m. The safety zone is needed to protect people and the environment on
these navigable waters of the Tchefuncte River, LA. This proposed
rulemaking would prohibit persons and vessels from entering the safety
zone unless authorized by the Captain of the Port (COTP) Sector New
Orleans or a designated representative. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before December 10, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0808 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander William A.
Stewart, Waterways Management Division Chief, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On October 19, 2021, the Coast Guard received a Marine Event Permit
Application for a fireworks display on December 4, 2021 from 9 p.m.
through 10 p.m. The fireworks will be launched from a deck barge
anchored in the Tchefuncte River at 30 23-52.4 N, 90 09-14.48 W.
Hazards from firework displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The COTP New Orleans has determined that potential hazards
associated with the fireworks would be a safety concern for anyone
within proximity of the deck barge. The COTP would establish a
temporary safety zone with a 200-yard radius around the deck barge.
    The purpose of this rulemaking is to protect people and environment
on these navigable waters of the Tchefuncte

River, LA. This proposed rulemaking would prohibit persons and vessels
from entering the safety zone unless authorized by the COTP New Orleans
or a designated representative. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C.
1231).

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish a temporary safety zone
for fireworks display on December 4, 2021 from 9 p.m. through 10 p.m.
The safety zone is needed to protect people, and environment on these
navigable waters of the Tchefuncte River, LA. This proposed rulemaking
would prohibit persons and vessels from entering the safety zone unless
authorized by the COTP New Orleans or a designated representative. As
used in this section, designated representative would mean a Coast
Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Sector New Orleans (COTP) in the enforcement of the safety zone.
To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM radio, Channel 16 or 67. Those in the safety
zone would have to comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative. The Coast
Guard would issue (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Broadcasts (MSIBs) as appropriate.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on establishing a
temporary safety zone within a 200-yard radius of the deck barge on the
Tchefuncte River on December 4, 2021 from 9 p.m. to 10 p.m. Moreover,
the rule would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. 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 potential effects of
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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 a safety
zone lasting one hour that would prohibit entry within a 200 yard
radius around the deck barge. Normally such actions are categorically
excluded from further review under paragraph L60a of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record
of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the

ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0808 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

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 is
proposing to amend 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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1,
Revision No. 01.2.

0
2. Add Sec.  165.T08-0808 to read as follows:

Sec.  165.T08-0808  Safety Zone; Tchefuncte River, Madisonville, LA.

    (a) Location. The following area is a safety zone: All navigable
waters within a 200-yard radius of the deck barge at position 30 23-
52.4 N, 90 09-14.48 W on the Tchefuncte River, Madisonville, LA.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector New Orleans (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, persons and vessels may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM radio, Channel 16 or 67. Those in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 9 p.m.
through 10 p.m. on December 4, 2021.
    (e) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs)
as appropriate.

    Dated: October 29, 2021.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2021-24588 Filed 11-9-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Notices]
[Page 22533]
[DOCID:fr13my09-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2232-564]

Duke Energy Carolinas, LLC of Gaston County, NC; Notice of
Application for Amendment of License and Soliciting Comments, Motions
to Intervene, and Protests

May 6, 2009.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Public Lands and Waters.
    b. Project No.: 2232-564.
    c. Date Filed: April 1, 2009.
    d. Applicant: Duke Energy Carolinas, LLC.
    e. Name of Project: Catawba-Wateree Project.
    f. Location: Lake Wylie, Gaston County, North Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Kelvin K. Reagan, Duke Energy Carolinas,
Senior Lake Services Representative, P.O. Box 1006, Charlotte, NC
28201-1006,<PHONE_NUMBER>.
    i. FERC Contact: Jaime Blakesley, Telephone<PHONE_NUMBER>, and e-
mail<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and protest:
June 8, 2009. All documents (original and eight copies) should be filed
with: Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervener files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: The licensee requests Commission
approval to lease to Riverside Marina, Inc. (Riverside), 2.0738 acres
of project land at the Catawba-Wateree Project, for a commercial marina
on Lake Wylie. The commercial marina will consist of the following
facilities: Two lease areas containing four cluster docks with forty-
two covered boat slips; one courtesy dock; two access ramps; one dry-
dock storage building of 160,000 sq ft; and one pier used for gas dock
and pump-out services. Riverside will also provide a 3,000 sq ft
convenience store with forty-three parking spaces, and an existing
picnic shelter. Riverside plans to stabilize 500 ft of shoreline and
dredge approximately 1,600 cubic yards of lakebed material around
proposed slip area. Additionally, the licensee is requesting that 1,719
linear feet of adjoining shoreline, as identified in the project's
approved shoreline management plan, be re-classified from business/
industrial to future commercial to support the marina. The licensee
consulted with the U.S. Army Corps of Engineers, U.S. Fish and Wildlife
Service, and all pertinent state and local agencies.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-11113 Filed 5-12-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38069-38070]
[FR Doc No: 2016-13934]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-7005; Airspace Docket No. 16-AEA-4]
RIN 2120-AA66

Amendment of Restricted Areas R-6602A, R-6602B, and R-6602C; Fort
Pickett, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action updates the using agency information for
restricted areas R-6602A, R-6602B, and R-6602C, Fort Pickett, VA. This
is an administrative change to reflect the current organization tasked
with using agency responsibilities for the restricted areas. It does
not affect the boundaries, designated altitudes, time of designation or
activities conducted within the restricted areas.

DATES: Effective date: 0901 UTC, September 15, 2016.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it updates the using agency for restricted areas R-6602A, R-6602B
and R-6602C; Fort Pickett, VA, to reflect the current organization
responsible for the restricted areas.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 73 by updating the using agency name for restricted areas R-6602A,
R-6602B and R-6602C; Fort Pickett, VA, by removing

the words ``Commander, Fort Lee, VA,'' and adding the words ``Virginia
National Guard, Commander, Fort Pickett, VA.'' The name change reflects
the current organization assigned using agency responsibilities for the
restricted areas. This is an administrative change that does not affect
the boundaries, designated altitudes, or activities conducted within
the restricted areas; therefore, notice and public procedure under 5
U.S.C. 553(b) are unnecessary.

Regulatory Notices and Analyses

    The FAA has determined that this action only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5.d. This airspace action is an administrative change to
the description of restricted areas R-6602A, R-6602B and R-6602C; Fort
Pickett, VA, to update the using agency name. It does not alter the
dimensions, altitudes, time of designation, or use of the airspace;
therefore, it is not expected to cause any potentially significant
environmental impacts, and no extraordinary circumstances exists that
warrant preparation of an environmental assessment.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73, as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.66  [Amended]

0
2. Section 73.66 is amended as follows:
* * * * *

R-6602A Fort Pickett, VA  [Amended]

    By removing the words ``Using agency. Commander, Fort Lee, VA'' and
adding in their place ``Using agency. Virginia National Guard,
Commander, Fort Pickett, VA.''

R-6602B Fort Pickett, VA  [Amended]

    By removing the words ``Using agency. Commander, Fort Lee, VA'' and
adding in their place ``Using agency. Virginia National Guard,
Commander, Fort Pickett, VA.''

R-6602C Fort Pickett, VA  [Amended]

    By removing the words ``Using agency. Commander, Fort Lee, VA'' and
adding in their place ``Using agency. Virginia National Guard,
Commander, Fort Pickett, VA.''
* * * * *

    Issued in Washington, DC, on June 6, 2016.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016-13934 Filed 6-10-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Notices]
[Pages 9047-9048]
[FR Doc No: 2013-02804]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9777-9]

Public Water System Supervision Program Revision for the State of
Texas

AGENCY: United States Environmental Protection Agency (EPA).

ACTION: Notice of tentative approval.

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SUMMARY: Notice is hereby given that the State of Texas is revising its
approved Public Water System Supervision Program. Texas has adopted
three EPA drinking water rules, namely the: (1) Long Term 2 Enhanced
Surface Water Treatment Rule (LT2), (2) the Stage 2 Disinfectants and
Disinfection Byproducts Rule (DBP2), and (3) the Public Notification
Rule minor revisions (PN/MR). EPA has determined that the proposed LT2,
DBP2, and the PN/MRs submitted by Texas are no less stringent than the

corresponding federal regulations. Therefore, EPA intends to approve
this program revision.

DATES: All interested parties may request a public hearing. A request
for a public hearing must be submitted by March 11, 2013 to the
Regional Administrator at the EPA Region 6 address shown below.
Frivolous or insubstantial requests for a hearing may be denied by the
Regional Administrator. However, if a substantial request for a public
hearing is made by March 11, 2013, a public hearing will be held. If no
timely and appropriate request for a hearing is received and the
Regional Administrator does not elect to hold a hearing on his own
motion, this determination shall become final and effective on March
11, 2013. Any request for a public hearing shall include the following
information: The name, address, and telephone number of the individual,
organization, or other entity requesting a hearing; a brief statement
of the requesting person's interest in the Regional Administrator's
determination and a brief statement of the information that the
requesting person intends to submit at such hearing; and the signature
of the individual making the request, or, if the request is made on
behalf of an organization or other entity, the signature of a
responsible official of the organization or other entity.

ADDRESSES: All documents relating to this determination are available
for inspection between the hours of 8:00 a.m. and 4:30 p.m., Monday
through Friday, at the following offices: Texas Commission on
Environmental Quality, Water Supply Division, Public Drinking Water
Section (MC-155), Building F, 12100 Park 35 Circle, Austin, TX 78753;
and United States Environmental Protection Agency, Region 6, Drinking
Water Section (6WQ-SD), 1445 Ross Avenue, Suite 1200, Dallas, Texas
75202.

FOR FURTHER INFORMATION CONTACT: Damon McElroy, EPA Region 6, Drinking
Water Section at the Dallas address given above, or by telephone at
(214) 665-7159, or by email at<EMAIL_ADDRESS>
    Authority: Section 1413 of the Safe Drinking Water Act, as
amended (1996), and 40 CFR part 142 of the National Primary Drinking
Water Regulations.

    Dated: January 28, 2013.
Ron Curry,
Regional Administrator.
[FR Doc. 2013-02804 Filed 2-6-13; 8:45 am]
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