[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Proposed Rules]
[Pages 57541-57544]
[FR Doc No: 2012-22889]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0938; Directorate Identifier 2011-NM-271-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 737-600 series airplanes. This
proposed AD was prompted by reports of early fatigue cracks at chem-
mill areas on the crown skin panels. This proposed AD would require
repetitive inspections for cracking of the fuselage skin at certain
locations at chem-mill areas, and repair if necessary. We are proposing
this AD to detect and correct fatigue cracking of the skin panel at the
specified chem-

mill step locations, which could result in rapid decompression of the
airplane.

DATES: We must receive comments on this proposed AD by November 2,
2012.

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 http://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 service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate; 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: (425) 917-
6447; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2012-0938;
Directorate Identifier 2011-NM-271-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received reports of early fatigue cracks near chem-mill areas on
the crown skin panels of Model 737-300, -400, and -500 series
airplanes. The cracks resulted from high stresses in the areas where
chem-mill pockets are adjacent to non-chem-mill areas. Although we have
not received any reports of this type of fuselage fatigue cracks on
Model 737-600, -700, -700C, -800, -900, or -900ER series airplanes, a
full-scale fatigue test article was inspected for skin cracks at
similar structural details and two chem-mill cracks were found that
occurred late in the testing program. This condition, if not detected
and corrected, could result in rapid decompression of the airplane.

Relevant Service Information

    We reviewed Boeing Service Bulletin 737-53-1309, dated October 20,
2011, for Model 737-600 series airplanes. That service bulletin
describes, among other things, procedures for doing repetitive external
detailed inspections and external non-destructive inspections (medium
frequency eddy current (MFEC), magneto optic imager (MOI), C-scan, or
ultrasonic phased array (UTPA) inspections) of the fuselage skin at
specified locations where chem-mill areas are adjacent to non-chem-mill
areas at antenna and door bearstrap installations, and repairs if
necessary.
    Boeing Service Bulletin 737-53-1309, dated October 20, 2011, also
describes procedures for installing modification doublers, which
involves an external detailed inspection and an external non-
destructive (MFEC, MOI, C-scan, or UTPA) inspection for any cracking of
the area to be modified prior to the doubler being placed on that area,
a high frequency eddy current inspection of all existing holes for
cracking, and contacting Boeing if necessary. The service bulletin also
specifies that when a certain modification is accomplished, the
repetitive inspection for the area under the modification is no longer
necessary.
    Boeing Service Bulletin 737-53-1309, dated October 20, 2011,
specifies an initial compliance time of 43,000 total flight cycles, or
1,500 flight cycles after the original issue date of that service
bulletin, whichever occurs later. That service bulletin specifies a
repetitive interval not to exceed 1,500 flight cycles or 2,100 flight
cycles, depending on inspection method.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Differences Between the Proposed AD and the Service
Information.''

Similar Rulemaking

    The crown skin panels on Model 737-600 series airplanes are of a
similar design to those on Model 737-300, -400, -500, -700, -700C, -
800, -900, and -900ER series airplanes. Therefore, all these models may
be subject to the identified unsafe condition. We are considering
similar rulemaking for these additional models.

Differences Between the Proposed AD and the Service Information

    Boeing Service Bulletin 737-53-1309, dated October 20, 2011,
specifies to contact the manufacturer for disposition of certain repair
conditions, but this proposed AD would require repairing those
conditions in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.
    Tables 2 and 3 in paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 737-53-1309, dated October 20, 2011, specify post-modification
inspections at certain chem-mill step locations, which may be used in
support of compliance with section 121.1109(c)(2) or 129.109(c)(2) of
the Federal Aviation Regulations (14 CFR 121.1109(c)(2) or
129.109(c)(2)). However, this NPRM does not propose

to require those post-modification inspections. This difference has
been coordinated with Boeing.

Costs of Compliance

    We estimate that this proposed AD affects 6 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
            Action                    Labor cost            Parts cost       Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection of chem-mill step    37 work-hours x $85     None..............  $3,145 per         $18,870 per
 locations.                      per hour = $3,145 per                       inspection cycle.  inspection
                                 inspection cycle.                                              cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
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.
    We are 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

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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 Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2012-0938; Directorate Identifier
2011-NM-271-AD.

(a) Comments Due Date

    We must receive comments by November 2, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-600 series
airplanes, as identified in Boeing Service Bulletin 737-53-1309,
dated October 20, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of early fatigue cracks at chem-
mill areas on the crown skin panels. We are issuing this AD to
detect and correct fatigue cracking of the skin panel at the
specified chem-mill step locations, which could result in rapid
decompression of the airplane.

(f) Compliance

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

(g) Inspections

    At the applicable time specified in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53-1309, dated
October 20, 2011, except as required by paragraph (j) of this AD: Do
an external detailed inspection and an external non-destructive
inspection (a medium frequency eddy current (MFEC), magneto optic
imager (MOI), C-scan, or ultrasonic phased array (UTPA) inspection)
for cracking in the fuselage skin along the chem-mill steps at
certain locations specified in, and in accordance with, Boeing
Service Bulletin 737-53-1309, dated October 20, 2011. Repeat the
inspections required by paragraph (g) of this AD thereafter at the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Service Bulletin 737-53-1309, dated October 20, 2011.

(h) Repair

    If any cracking is found during any inspection required by
paragraph (g) of this AD, before further flight, repair the cracking
using a method approved in accordance with the procedures specified
in paragraph (l) of this AD. Accomplishing the repair approved in
accordance with the procedures specified in paragraph (l) of this AD
terminates the repetitive inspection requirement for that area under
the repair only.

(i) Optional Terminating Modification

    Modification of an inspection area, including an external
detailed inspection and an external non-destructive inspection
(MFEC, MOI, C-scan, or UTPA) for cracking of the area to be modified
and a high frequency eddy current inspection of all existing holes
for cracking, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 737-53-1309, dated October 20, 2011,
terminates the repetitive inspections required by paragraph (g) of
this AD for that area only. If any cracking is found during any
inspection described by this paragraph, before further flight,
repair the cracking using a method approved in accordance with the
procedures specified in paragraph (l) of this AD.

(j) Service Bulletin Exception

    Boeing Service Bulletin 737-53-1309, dated October 20, 2011,
specifies compliance times ``after the original issue date of this
service bulletin.'' However, this AD requires compliance within the
specified compliance times ``after the effective date of this AD.''

(k) Post-Modification Inspections

    The post-modification inspections specified in Tables 2 and 3 of
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-53-
1309, dated October 20, 2011, are not required by this AD.

    Note 1 to paragraph (k) of this AD:  The damage tolerance
inspections specified in Tables 2 and 3 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53-1309, dated
October 20, 2011, may be used in support of compliance with section
121.1109(c)(2) or 129.109(c)(2) of the Federal Aviation Regulations
(14 CFR 121.1109(c)(2) or 14 CFR 129.109(c)(2)). The actions
specified in Part 5 of the Accomplishment Instructions and
corresponding figures of Boeing Service Bulletin 737-53-1309, dated
October 20, 2011, are not required by this AD.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(m) Related Information

    (1) For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 4, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-22889 Filed 9-17-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Proposed Rules]
[Pages 11029-11034]
[FR Doc No: 2019-05607]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0132]
RIN 1625-AA00

Safety Zones; Annual Safety Zones in the Captain of the Port
Detroit Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its recurring safety zones
regulations in the Captain of the Port Detroit zone. This proposed rule
would update 51 safety zone locations, dates, and sizes, add 3 safety
zones, remove 6 established safety zones and reformat the regulations
into an easier to read table format. These proposed amendments will
protect spectators, participants, and vessels from the hazards
associated with annual marine events and firework shows, and improve
the clarity and readability of the regulation. We invite your comments
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 24, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0132 using the Federal eRulemaking Portal at http://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 Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The purpose of this rulemaking is to update the safety zones in
Sec.  165.941 to ensure accuracy of times, dates, and dimensions for
various triggering and marine events that are expected to be conducted
within the Captain of the Port Detroit Zone throughout the year. The
purpose of the rulemaking is also to ensure vessels and persons are
protected from the specific hazards related to the aforementioned
events. These specific hazards include obstructions in the waterway
that may cause marine casualties; collisions among vessels maneuvering
at a high speed within a channel; the explosive dangers involved in
pyrotechnics and hazardous cargo; and flaming/falling debris into the
water that may cause injuries. The Coast Guard proposes this rulemaking
under authority in 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.
    This proposed rule would consistently apprise the public in a
timely manner through permanent publication in Title 33 of the Code of
Federal Regulations. The table in this proposed rule would list each
annual recurring event requiring a safety zone as administered by the
Coast Guard.

III. Discussion of Proposed Rule

    The purpose of this rulemaking is to combine all of the Captain of
the Port Detroit Zones safety zones from 33 CFR 165.941 into one table
under Sec.  165.941. This table will ensure accuracy of times, dates,
and dimensions for various marine events that are expected to be
conducted within the Captain of the Port Detroit Zone throughout the
year. We propose to remove Sec.  165.941(a)(1) through Sec.
165.941(60)(f) replacing these regulations with a table.
    Additionally, this proposed rule adds 3 new safety zones to table
165.941 for annually recurring events in the Captain of the Port
Detroit Zone. These 3 zones were approved and published in the Federal
Register as temporary safety zones in 2018 and were added in order to
protect the public from the safety hazards previously described.
    The Captain of the Port Detroit has determined that the safety
zones in this proposed rule are necessary to ensure the safety of
vessels and people during annual marine or triggering events in the
Captain of the Port Detroit zone. Although this proposed rule will be
effective year-round, the safety zones in this proposed rule will be
enforced only immediately before, during, and after events that pose a
hazard to the public and only upon a notice of enforcement by the
Captain of the Port Detroit.
    The Captain of the Port Detroit will notify the public that the
zones in this proposal are or will be enforced by all appropriate means
to the affected segments of the public, including publication in the
Federal Register, as practicable, in accordance with 33 CFR 165.7(a).
Such means of notification may also include, but are not limited to,
Broadcast Notice to Mariners or Local Notice to Mariners.
    All persons and vessels must comply with the instructions of the
Coast Guard Captain of the Port Detroit or his or her designated
representative. Entry into, transiting, or anchoring within the safety
zones is prohibited unless authorized by the Captain of the Port or his
or her designated representative. The Captain of the Port or his or her
designated representative may be contacted via VHF Channel 16.

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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time of day of the safety zones. The safety
zones created by this rule will be relatively small and effective
during the time to ensure safety of spectator and participants for the
listed triggering or marine events. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM about the zone, and 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 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 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
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 contact 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 effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, which guides 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 the establishment yearly triggering and marine
events on and around Lake Erie, Lake Huron, St. Clair River, and the
Detroit River. Normally such actions are categorically excluded from
further review under paragraph L[60a] of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. 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 contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

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.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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.

0
2. Revise Sec.  165. 941 to read as follows:

Sec.  165.941  Safety Zones; Annual Events in the Captain of the Port
Detroit Zone.

    (a) Regulations. The following regulations apply to the safety
zones listed in Table 1 to Sec.  165.941 of this section. Coordinates
listed in Table 1 to Sec.  165.941 are North American Datum of 1983
(NAD 83).
    (1) In accordance with the general regulations in Sec.  165.23,
entry into, transiting, or anchoring within any of the safety zones
listed in this section is prohibited unless authorized by the Captain
of the Port Detroit or a designated representative.
    (2) These safety zones are closed to all vessel traffic, except as
may be permitted by the Captain of the Port Detroit or his designated
on-scene representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so. The Captain of the Port
Detroit or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Detroit, or his on-scene representative.
    (4) The enforcement dates and times for each of the safety zones
listed in Table 1 to Sec.  165.941 are subject to change, but the
duration of enforcement would remain the same or nearly the same total
number of hours as stated in the table. In the event of a change, the
Captain of the Port Detroit will provide notice to the public by
publishing a Notice of Enforcement in the Federal Register, as well as,
issuing a Broadcast Notice to Mariners.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated or on scene representative means any Coast Guard
commissioned, warrant, or petty officers designated by the Captain of
the Port Detroit to monitor a safety zone, permit entry into a safety
zone, give legally enforceable orders to persons or vessels within a
safety zone, and take other actions authorized by the Captain of the
Port Detroit.

    (2) Public vessel means a vessel that is owned, chartered, or
operated by the United States, or by a State or political subdivision
thereof.
    (3) Rain date refers to an alternate date and/or time in which the
safety zone would be enforced in the event of inclement weather.
    (c) Suspension of enforcement. The Captain of the Port Detroit may
suspend enforcement of any of these zones earlier than listed in this
section. Should the Captain of the Port suspend any of these zones
earlier than the listed duration in this section, he or she may make
the public aware of this suspension by Broadcast Notice to Mariners
and/or on-scene notice by his or her designated representative.
    (d) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
    (e) Waiver. For any vessel, the Captain of the Port Detroit or his
or her designated representative may waive any of the requirements of
this section upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of safety or security.

                        Table 1 to Sec.   165.941
------------------------------------------------------------------------
                            COTP Zone Detroit
-------------------------------------------------------------------------
                                 Sector Detroit Safety
             Event                       Zones                Date
------------------------------------------------------------------------
(1) Shoreline Surrounding       All waters of the       Three
 Belle Isle Auto Race,           Detroit River near      consecutive
 Detroit, MI.                    Belle Isle, bounded     days between
                                 by a line extending     May 15 and June
                                 from a point of land    15.
                                 on the southern shore
                                 of Belle Isle located
                                 at the Dossin Museum
                                 at position
                                 42[deg]20.06' N,
                                 082[deg]59.14' W, to
                                 50 yards offshore at
                                 position
                                 42[deg]20.04' N,
                                 082[deg]59.13' W, and
                                 continuing around the
                                 downstream (western)
                                 end of Belle Isle,
                                 maintaining a
                                 constant distance of
                                 50 yards from the
                                 shoreline to position
                                 42[deg]20.25' N,
                                 083[deg]00.04' W, 50
                                 yards NNW of the Lake
                                 Tacoma outlet on the
                                 northern side of
                                 Belle Isle, before
                                 returning to a point
                                 on shore and
                                 terminating at
                                 position
                                 42[deg]20.23' N;
                                 083[deg]00.03' W.
(2) Grosse Point War Memorial   All waters of Lake St.  One evening in
 Red, White and Blue Gala        Clair, within a 200-    May.
 Fireworks, Grosse Pointe        yard radius of the
 Farms, MI.                      fireworks launch site
                                 located on a barge
                                 offshore of Grosse
                                 Pointe War Memorial
                                 at approximate
                                 position
                                 42[deg]23.13' N,
                                 082[deg]53.74' W.
(3) Bay-Rama Fish Fly Festival  All waters of Anchor    One evening in
 Fireworks, New Baltimore, MI.   Bay, Lake St. Clair,    June.
                                 within a 300-yard
                                 radius of the
                                 fireworks launch site
                                 located on a barge
                                 offshore of New
                                 Baltimore City Park
                                 at approximate
                                 position 42[deg]40.6'
                                 N, 082[deg]43.9' W.
(4) Sigma Gamma Fireworks,      All waters of Lake St.  One evening
 Grosse Pointe Farms, MI.        Clair, within a 200-    between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on a barge
                                 anchored offshore of
                                 Ford's Cove at
                                 position 42[deg]27.2'
                                 N, 082[deg]51.9' W.
(5) River Days Airshow,         All waters of the       Four consecutive
 Detroit, MI.                    Detroit River between   days in June or
                                 the following two       July.
                                 lines extending from
                                 70 feet off the bank
                                 to the US/Canadian
                                 demarcation line: the
                                 first line is drawn
                                 directly across the
                                 channel at position
                                 42[deg]19.444' N,
                                 083[deg]03.114' W;
                                 the second line, to
                                 the north, is drawn
                                 directly across the
                                 channel at position
                                 42[deg]19.860' N,
                                 083[deg]01.683' W.
(6) Detroit Fireworks,          The following three     Three
 Detroit, MI.                    areas are safety        consecutive
                                 zones:                  days beginning
                                (A) All U.S. waters of   in June.
                                 the Detroit River a
                                 300-yard radius
                                 centered on a point
                                 on shore adjacent to
                                 West Riverfront Park,
                                 Detroit, MI at
                                 position
                                 42[deg]19.38' N,
                                 083[deg]03.43' W..
                                (B) The second safety
                                 zone area will
                                 encompass a portion
                                 of the Detroit River
                                 bounded on the South
                                 by the International
                                 Boundary line, on the
                                 West by 083[deg]03'
                                 W, on the North by
                                 the City of Detroit
                                 shoreline and on the
                                 East by 083[deg]01'
                                 W..
                                (C) The third safety
                                 zone will encompass a
                                 portion of the
                                 Detroit River bounded
                                 on the South by the
                                 International
                                 Boundary line, on the
                                 West by the
                                 Ambassador Bridge, on
                                 the North by the City
                                 of Detroit shoreline,
                                 and on the East by
                                 the downstream end of
                                 Belle Isle. The
                                 Captain of the Port
                                 Detroit has
                                 determined that
                                 vessels below 65 feet
                                 in length may enter
                                 this zone.
(7) Algonac Fireworks,          All waters of the St.   Two consecutive
 Algonac, MI.                    Clair River, within a   evening between
                                 250-yard radius of      June 15 and
                                 the fireworks launch    July 15.
                                 site located on a
                                 barge anchored mid-
                                 channel, off of
                                 Algonac City Park at
                                 position 42[deg]37.1'
                                 N, 082[deg]31.3' W.
(8) Bay City Festival, Bay      All waters of the       Three
 City, MI.                       Saginaw River from      consecutive
                                 the Veterans Memorial   evenings
                                 Bridge, Bay City, MI,   between June 15
                                 located at position     and July 15.
                                 43[deg]35.9' N,
                                 083[deg]53.6' W;
                                 south approximately
                                 1100 yards to the
                                 River Walk Pier,
                                 located at position
                                 43[deg]35.3' N,
                                 083[deg]53.8' W.
(9) Caseville Fireworks,        All waters of Saginaw   One evening
 Caseville, MI.                  Bay, within a 200-      between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located at the end of
                                 the Caseville break
                                 wall at position
                                 43[deg]56.86' N,
                                 083[deg]17.1' W.
(10) Ecorse Fireworks, Ecorse,  All waters of the       One evening
 MI.                             Detroit River, within   between June 15
                                 a 200-yard radius of    and July 15.
                                 the fireworks launch
                                 site located at the
                                 north end of the
                                 Trenton Channel at
                                 position
                                 42[deg]14.53' N,
                                 083[deg]08.48' W.
(11) Grosse Ile Fireworks,      All waters of the       One evening
 Grosse Ile, MI.                 Detroit River within    between June 15
                                 a 100-yard radius of    and July 15.
                                 the fireworks launch
                                 site located on the
                                 outer pier of the
                                 Grosse Ile Yacht Club
                                 at position
                                 42[deg]05.39' N,
                                 083[deg]09.06' W.

(12) Grosse Pointe Farms        All waters of Lake St.  One evening
 Fireworks, Grosse Pointe        Clair, within a 200-    between June 15
 Farms, MI.                      yard radius of the      and July 15.
                                 fireworks launch site
                                 located on shore at
                                 the southern point of
                                 a private park at
                                 position
                                 42[deg]23.84' N,
                                 082[deg]53.25' W.
(13) Grosse Point Yacht Club    All waters of Lake St.  One evening
 Fireworks, Grosse Pointe        Clair within a 200-     between June 15
 Shores, MI.                     yard radius of the      and July 15.
                                 fireworks launch site
                                 located on a barge
                                 offshore of the
                                 Grosse Pointe Yacht
                                 Club break wall at
                                 position
                                 42[deg]26.05' N,
                                 082[deg]52.05' W.
(14) Harbor Beach Fireworks,    All waters of Lake      One evening in
 Harbor Beach, MI.               Huron within a 200-     June or July.
                                 yard radius of the
                                 fireworks launch site
                                 located on shore at
                                 the end of the DTE
                                 Power Plant at
                                 position
                                 43[deg]50.77' N,
                                 082[deg]38.63' W.
(15) Belle Maer Harbor          All waters of Lake St.  One evening
 Fireworks, Harrison Twp, MI.    Clair within a 300-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on a barge
                                 offshore of the Belle
                                 Maer Harbor break
                                 wall at position
                                 42[deg]36.55' N,
                                 082[deg]47.55' W.
(16) Harrisville Fireworks,     All waters of Lake      One evening
 Harrisville, MI.                Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located at the end of
                                 the Harrisville
                                 Harbor break wall at
                                 position
                                 44[deg]39.40' N,
                                 083[deg]17.03' W.
(17) Lexington Fireworks,       All waters of Lake      One evening
 Lexington, MI.                  Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located at the end of
                                 the Lexington break
                                 wall at position
                                 43[deg]16.00' N,
                                 082[deg]31.36' W.
(18) Oscoda Fireworks, Oscoda,  All waters of Lake      One evening
 MI.                             Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located at the end of
                                 the Oscoda Beach Park
                                 pier at position
                                 44[deg]25.27' N,
                                 083[deg]19.48' W.
(19) Port Austin Fireworks,     All waters of Lake      One evening
 Port Austin, MI.                Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on the Port
                                 Austin break wall at
                                 position
                                 44[deg]03.08' N,
                                 082[deg]59.40' W.
(20) Port Sanilac Fireworks,    All waters of Lake      One evening
 Port Sanilac, MI.               Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on the south
                                 break wall of Port
                                 Sanilac Harbor at
                                 position
                                 43[deg]25.84' N,
                                 082[deg]32.15' W.
(21) St. Clair Fireworks, St.   All waters of the St.   One evening
 Clair, MI.                      Clair River, within a   between June 15
                                 200-yard radius of      and July 15.
                                 the fireworks launch
                                 site located on a
                                 barge offshore of St.
                                 Clair, MI, at
                                 position
                                 42[deg]49.38' N,
                                 082[deg]29.0' W.
(22) St. Clair Shores           All waters of Lake St.  One evening
 Fireworks, St. Clair Shores,    Clair within a 250-     between June 15
 MI.                             yard radius of the      and July 15.
                                 fireworks launch site
                                 located on a barge
                                 anchored offshore of
                                 Veterans Memorial
                                 Park at approximate
                                 position 42[deg]31.6'
                                 N, 082[deg]52.0' W.
(23) Tawas Fireworks, Tawas,    All waters of Lake      One evening
 MI.                             Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on a barge
                                 offshore of East
                                 Tawas City Park at
                                 approximate position
                                 44[deg]16.4' N,
                                 083[deg]29.7' W.
(24) Arenac Fireworks, Au       All waters of Saginaw   One evening
 Gres, MI.                       Bay within a 700-foot   between June 15
                                 radius of the           and July 15.
                                 fireworks launch site
                                 located at position
                                 44[deg]1.4' N,
                                 083[deg]40.4' W. This
                                 area is located at
                                 the end of the pier
                                 near the end of
                                 Riverside Drive in Au
                                 Gres, MI.
(25) Port Huron Fireworks,      All waters of the       One evening
 Port Huron, MI.                 Black River within a    between June 15
                                 300-yard radius of      and July 15.
                                 the fireworks barge
                                 located at position
                                 42[deg]58' N,
                                 082[deg]25' W. This
                                 position is located
                                 300 yards east of 223
                                 Huron Ave., Black
                                 River.
(26) Old Club Fireworks,        All waters of Lake St.  One evening
 Harsens Island, MI.             Clair within an 850-    between June 15
                                 foot radius of the      and July 15.
                                 fireworks launch site
                                 located at position
                                 42[deg]32.4' N,
                                 082[deg]40.1' W. This
                                 area is located near
                                 the southern end of
                                 Harsens Island, MI.
(27) Port Huron Blue Water      All waters of the St.   One evening in
 Festival Fireworks, Port        Clair River within a    July.
 Huron, MI.                      200-yard radius of
                                 the fireworks launch
                                 site located on shore
                                 at the northern point
                                 of Kiefer Park at
                                 approximate position
                                 42[deg]58.84' N,
                                 082[deg]25.20' W.
(28) Detroit Symphony           All waters of Lake St.  Two consecutive
 Orchestra Fireworks, Grosse     Clair, within a 200-    evenings
 Pointe Shores, MI.              yard radius of the      between July 1
                                 fireworks launch site   and July 31.
                                 located on a barge
                                 anchored offshore of
                                 Ford's Cove at
                                 position
                                 42[deg]27.25' N,
                                 082[deg]51.95' W.
(29) Trenton Fireworks,         All waters of the       One evening
 Trenton, MI.                    Detroit River within    between July 1
                                 a 300-yard radius of    and July 31.
                                 the fireworks barge
                                 located at position
                                 42[deg]09' N,
                                 083[deg]10' W. This
                                 position is located
                                 200 yards east of
                                 Trenton in the
                                 Trenton Channel near
                                 Trenton, MI.
(30) Venetian Festival          All waters of Lake St.  One evening in
 Fireworks.                      Clair within a 300-     August.
                                 yard radius of the
                                 fireworks barge
                                 located at position
                                 42[deg]28' N,
                                 082[deg]52' W. This
                                 position is located
                                 600 yards off
                                 Jefferson Beach
                                 Marina, Lake St,
                                 Clair.
(31) Cheeseburger Festival      All waters of Lake      One evening in
 Fireworks, Caseville, MI.       Huron within a 300-     August.
                                 foot radius of the
                                 fireworks launch site
                                 located at position
                                 43[deg]56.9' N,
                                 083[deg]17.2' W. This
                                 area is located near
                                 the break wall
                                 located at Caseville
                                 County Park,
                                 Caseville, MI.
(32) Roostertail Fireworks,     All waters of the       Three separate
 Detroit, MI.                    Detroit River within    evenings
                                 a 200-yard radius of    between June 15
                                 the fireworks launch    and September
                                 site located on a       31.
                                 barge anchored
                                 offshore of
                                 Roostertail at
                                 position
                                 42[deg]21.27' N,
                                 082[deg]58.36' W.
(33) Marine City Maritime Days  All waters of the St.   One evening
 Fireworks, Marine City, MI.     Clair River within a    between July 15
                                 200-yard radius of      and August 15.
                                 the fireworks launch
                                 site located on a
                                 barge offshore of
                                 Marine City Park at
                                 position
                                 42[deg]43.15' N,
                                 082[deg]29.2' W.

(34) Detroit International      All waters of the St.   One evening
 Jazz Festival Fireworks,        Clair River within a    between August
 Detroit, MI.                    100 yard radius of      15 and
                                 the fireworks launch    September 15.
                                 site located at
                                 position 42[deg]42.9'
                                 N, 082[deg]29.1' W.
                                 This area is located
                                 east of Marine City.
------------------------------------------------------------------------

                                  Marine Safety Unit
             Event                Toledo Safety Zones         Date
------------------------------------------------------------------------
(35) Washington Township        All waters of the       One evening
 Summerfest Fireworks, Toledo,   Ottawa River within a   between June 15
 OH.                             600-foot radius of      and July 15.
                                 the fireworks launch
                                 site located on the
                                 Fred C. Young bridge
                                 at position
                                 41[deg]43.29' N,
                                 083[deg]28.47' W.
(36) Put-In-Bay 4th of July     All waters of Lake      One evening
 Fireworks, Put-In-Bay, OH.      Erie within a 1000-     between June 15
                                 foot radius of the      and July 15.
                                 fireworks launch site
                                 located in Put-In-Bay
                                 Harbor at position
                                 41[deg]39.7' N,
                                 082[deg]48.0' W.
(37) Toledo Country Club        All waters of the       One evening
 Memorial Celebration and        Maumee River within a   between May 15
 Fireworks, Toledo, OH.          250-yard radius of      and May 31.
                                 the fireworks launch
                                 site located on shore
                                 on the Toledo Country
                                 Club's 18th Green at
                                 position
                                 41[deg]35.37' N,
                                 083[deg]35.5' W.
(38) Freedom Festival, Luna     All waters of Lake      One evening
 Pier, MI.                       Erie within a 300-      between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on the Clyde
                                 E. Evens Municipal
                                 Pier at position
                                 41[deg]48.39' N,
                                 083[deg]26.20' W.
(39) Toledo Country Club 4th    All waters of the       One evening
 of July Fireworks, Toledo, OH.  Maumee River within a   between June 15
                                 250-yard radius of      and July 15.
                                 the fireworks launch
                                 site located on shore
                                 on the Toledo Country
                                 Club's 18th Green at
                                 position
                                 41[deg]35.37' N,
                                 083[deg]35.5' W.
(40) Lakeside July 4th          All waters of Lake      One evening
 Fireworks, Lakeside, OH.        Erie within a 200-      between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on the
                                 Lakeside Association
                                 Dock at position
                                 41[deg]32.52' N,
                                 082[deg]45.03' W.
(41) Catawba Island Club        All waters of Lake      One evening
 Fireworks, Catawba Island, OH.  Erie within a 300-      between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on the
                                 northwest end of the
                                 Catawba Cliffs Harbor
                                 Light Pier at
                                 position
                                 41[deg]34.18' N,
                                 082[deg]51.18' W.
(42) Red, White and Blues Bang  All waters of the       One evening in
 Fireworks, Huron, OH.           Huron River within a    July.
                                 300-yard radius of
                                 the fireworks launch
                                 site located on the
                                 Huron Ore Docks at
                                 position
                                 41[deg]23.29' N,
                                 082[deg]32.55' W.
(43) Huron Riverfest            All waters of the       One evening in
 Fireworks, Huron, OH.           Huron River within a    July.
                                 350-yard radius of
                                 the fireworks launch
                                 site located on the
                                 Huron Ore Docks at
                                 position
                                 41[deg]23.38' N,
                                 082[deg]32.59' W.
(44) End of Season Fireworks,   All waters of Lake      One evening
 Lakeside, OH.                   Erie within a 200-      between
                                 yard radius of the      September 1 and
                                 fireworks launch site   September 15.
                                 located on the
                                 Lakeside Association
                                 Dock at position
                                 41[deg]32.52' N,
                                 082[deg]45.03' W.
(45) Annual Labor Day Weekend   All waters of Lake      One evening
 Fireworks Show, Catawba         Erie within a 300-      between
 Island, OH.                     yard radius of the      September 1 and
                                 fireworks launch site   September 15.
                                 located on the
                                 northwest end of the
                                 Catawba Cliffs Harbor
                                 Light Pier at
                                 position 41[deg]34.3'
                                 N, 082[deg]51.3' W.
(46) Toledo July 4th            All waters of the       One evening
 Fireworks, Toledo, OH.          Maumee River within a   between June 15
                                 300-yard radius of      and July 15.
                                 the fireworks launch
                                 site located in
                                 International Park,
                                 Toledo, OH, at
                                 position
                                 41[deg]38.44' N,
                                 083[deg]31.49' W.
(47) Memorial Day Weekend       All waters of Lake      One evening
 Fireworks Show, Catawba         Erie within a 300-      between May 15
 Island, OH.                     yard radius of the      and May 31.
                                 fireworks launch site
                                 located on the
                                 northwest end of the
                                 Catawba Cliffs Harbor
                                 Light Pier at
                                 position
                                 41[deg]34.18' N,
                                 082[deg]51.18' W.
(48) Put-In-Bay Chamber of      All waters of Lake      Two separate
 Commerce Fireworks, Put-In-     Erie within a 350-      evenings
 Bay, OH.                        yard radius of the      between June 15
                                 fireworks launch site   and June 31,
                                 located in Put-In-Bay   and two
                                 Harbor at position      separate
                                 41[deg]39.3' N,         evenings
                                 082[deg]49.0' W.        between
                                                         September 1 and
                                                         September 15.
(49) Bay Point Fireworks        All waters of Lake      One evening
 Display, Marblehead, OH.        Erie within a 250-      between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on shore in
                                 the vicinity of Bay
                                 Point, Marblehead,
                                 OH, at position
                                 41[deg]30.3' N,
                                 082[deg]43.1' W.
(50) LAZ Trommler Fireworks,    All waters of the       One evening
 Marblehead, OH.                 Sandusky Bay within a   between June 15
                                 500 foot radius of      and July 15.
                                 the fireworks launch
                                 site located at
                                 position
                                 41[deg]30'16'' N,
                                 083[deg]48'08'' W.
(51) Downtown Sandusky          All waters of the       One evening
 Fireworks, Sandusky, OH.        Sandusky Bay within a   between
                                 280-foot radius of      December 31 and
                                 the fireworks launch    January 1.
                                 site located at
                                 position
                                 41[deg]27'32.74'' N,
                                 082[deg]42'52.02'' W.
------------------------------------------------------------------------

    Dated: March 19, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-05607 Filed 3-22-19; 8:45 am]
 BILLING CODE 9110-04-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on October 20, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20494

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  NetJets Transportes Aereos, S.A. 						Date Filed:  February
28, 2005

Relief requested:  Exemption from 49 U.S.C. § 41301 to engage in
charter air transportation of persons and property  between any point or
points in Portugal and any point or points in the United States; and
between any point or points in the United States and any point or points
in a third country or countries, provided that such service constitutes
part of a continuous operation (with or without a change of aircraft),
that includes service to Portugal for the purpose of carrying local
traffic between Portugal and the United States; and other charters
pursuant to Part 212 of the Department’s regulations.

If renewal, date and citation of last action:  New authority

Applicant representatives:  E. Tazewell Ellett & Kathy M. Miljanic
(202) 637-8644/5657

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings:  None filed

DISPOSITION

Action:  Approved							Action date:  October 20, 2005

Effective dates of exemption authority granted:  October 20, 2005 –
October 20, 2007

Basis for approval (bilateral agreement/reciprocity):  United
States-Portugal Air Transport Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

   X    Standard exemption conditions (attached)
Foreign air carrier permit   (          )

Special conditions/Partial grant/Denial basis/Remarks:  Based on the
record in this case, we found that NetJets is financially and
operationally qualified to perform the services authorized above.
However, due to the involvement of non-homeland citizens in the
ownership and control of NetJets, the record in this case does not
permit us to make definitive findings that NetJets is substantially
owned and effectively controlled by homeland nationals.  Specifically,
the record indicates that 51% of the shares of NetJets are owned and
controlled by a Portuguese citizen and the remaining 49% are held by
United States citizens.  The Chief Operating Officer of the company is a
U.K. citizen, and the five-member Board of Directors is composed of
three Portuguese citizens (including the Board’s Chairman), and one
U.K. and one U.S. citizen.  We find that there is no evidence on the
record that would suggest that ownership and control of NetJets would
make grant of the authority at issue here inimical to U.S. aviation
policy or interests.  Thus, under the circumstances presented, we find
that it is consistent with the public interest to use our discretion and
to waive our ownership and control standard in this instance.  The
carrier is properly licensed and designed by the Government of Portugal
to perform the proposed services.  By memorandum dated April 5, 2005,
the FAA advised us that it knew of no reason why we should act
unfavorably on NetJets’s application.

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 NetJets incorporated into its exemption application in the present
Docket the materials that it filed in support of its application for
permit authority in Docket OST-2005-20491.

05/2004