[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 73921-73924]
[FR Doc No: 2022-26219]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0015; Project Identifier AD-2021-00832-R;
Amendment 39-22252; AD 2022-24-12]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-23-05
for certain Airbus Helicopters Model EC225LP helicopters. AD 2020-23-05
required inspecting the control rod attachment yokes (yokes) of certain
main rotor (M/R) rotating swashplates (swashplates), establishing a
life limit, performing a one-time inspection of stripped yokes, and
applicable corrective actions. Since the FAA issued AD 2020-23-05, the
FAA has determined that certain swashplates are not susceptible to the
unsafe condition, repetitive inspections for certain swashplates are
necessary, and the criteria for when to perform a dye penetrant
inspection needed to be revised. This AD retains some of the
requirements of AD 2020-23-05 and also requires compliance with a
revised life limit; performing a repetitive visual inspection of the
yokes on certain swashplates; and depending on the inspection results,
removing the affected swashplates from service, performing a dye
penetrant inspection of the yoke, and additional corrective actions.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective January 6, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 6,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0015; 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 European Union Aviation Safety
Agency (EASA) AD, 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.

    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX
75052; phone:<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or
at airbus.com/helicopters/technical-services/support.html.
     You may view this service information at the FAA, Office
of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy. Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2022-0015.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; phone:<PHONE_NUMBER>;
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-23-05, Amendment 39-21321 (85 FR
73604, November 19, 2020) (AD 2020-23-05). AD 2020-23-05 applied to
Airbus Helicopters Model EC225LP helicopters with a swashplate part
number (P/N) 332A31-3074-00 or P/N 332A31-3074-01 installed. AD 2020-
23-05 required inspecting the yokes of certain swashplates,
establishing a life limit, performing a one-time inspection of stripped
yokes, and applicable corrective actions. The FAA issued AD 2020-23-05
to detect a crack in a swashplate yoke, which could result in failure
of the yoke, loss of M/R control, and subsequent loss of control of the
helicopter. The NPRM published in the Federal Register on January 26,
2022 (87 FR 3943). The NPRM was prompted by determinations following
the issuance of AD 2020-23-05 and EASA AD 2019-0074, dated March 28,
2019 (EASA AD 2019-0074), and issued by EASA, which is the Technical
Agent for the Member States of the European Union. EASA AD 2019-0074
stated that Airbus Helicopters established a life limit (also called a
service life limit) of 12 years for the swashplate and added a
reporting requirement if there is a crack or corrosion in a yoke. EASA
further advised that additional analysis determined that it is
necessary to introduce a new life limit for affected swashplates.
    You may examine EASA AD 2019-0074 in the AD docket at
regulations.gov under Docket No. FAA 2022-0015.
    In the NPRM, the FAA proposed to continue to require all of the
requirements of AD 2020-23-05 and also proposed to require a revised
compliance time for the initial visual inspection of the yokes on
certain swashplates and clarify that dye penetrant inspection of the
yoke is required before further flight if no cracks are detected during
the visual inspection.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 to supersede AD 2020-23-05. The SNPRM published
in the Federal Register on July 29, 2022 (87 FR 45715). The SNPRM was
prompted by EASA AD 2019-0074R1, dated March 8, 2022 (EASA AD 2019-
0074R1), which revised EASA AD 2019-0074.
    In the SNPRM, the FAA proposed to continue to require some of the
requirements of AD 2020-23-05 and also proposed to require compliance
with a revised life limit; performing a repetitive visual inspection of
the yokes on swashplates that have accumulated 7 or more years, but
less than 13 years, since the date of manufacture; and if a crack is
detected, removing the swashplate from service. If no cracks are
detected as a result of a visual inspection but a scratch or surface
degradation is detected, the SNPRM proposed to require performing a dye
penetrant inspection of the yoke. If a crack is detected during the dye
penetrant inspection, the SNPRM proposed to require removing the
swashplate from service.
    Since the NPRM was issued, the FAA determined that swashplates that
have accumulated less than 7 years since the date of manufacture are
not susceptible to the unsafe condition. The FAA also determined that
repetitive inspections for swashplates that have accumulated 7 or more
years, but less than 13 years, since the date of manufacture are
necessary and the criteria for when to perform a dye penetrant
inspection needed to be revised. In light of this, the FAA revised the
SNPRM accordingly.
    In the SNPRM, the FAA also corrected the description of what
prompted AD 2020-23-05, updated the related service information that
was proposed for incorporation by reference to the current revision,
and updated the estimated number of work-hours for inspecting the yokes
in the Costs of Compliance section.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the SNPRM or on the determination
of the costs.

Conclusion

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these helicopters. Except for minor editorial changes,
this AD is adopted as proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed one document that co-publishes two Airbus
Helicopters Emergency Alert Service Bulletin (EASB) identification
numbers: EASB No. 05A051 for Model EC225LP helicopters (EASB 05A051 Rev
4), and EASB No. 05A046 for non-FAA type-certificated Model EC725AP
helicopters (EASB 05A046 Rev 4), both Revision 4, and both dated
February 28, 2022. EASB 05A051 Rev 4 is incorporated by reference in
this AD; EASB 05A046 Rev 4 is not.
    This service information specifies inspections for swashplate P/N
332A31-3074-00 and P/N 332A31-3074-01. This service information
specifies procedures for a repetitive inspection of the yokes for a
crack and a one-time inspection of the stripped yokes for corrosion and
a crack. If in doubt about whether there is a crack, this service
information specifies performing a nondestructive inspection.
    Additionally, this service information specifies touching up the
swashplate with varnish if there is corrosion, removing any damage
within allowable limits, and refinishing the yokes. If there is a crack
in a yoke, this service information specifies replacing the swashplate.
This service information also specifies a life limit of 13 years since
the date of manufacture for the swashplates and reporting requirements
if a crack or corrosion is discovered. EASB 05A051 Rev 4 also updates
the list of serial numbers and manufacture dates of the swashplates.
    This service information is reasonably available because the
interested parties have access to it through their normal

course of business or by the means identified in the ADDRESSES section.

Differences Between This AD and EASA AD 2019-0074R1 or the Service
Information

    EASB 05A051 Rev 4 specifies performing a non-destructive inspection
if in doubt about whether there is a crack in a yoke. This AD requires
a visual inspection and if no cracks are detected, visually inspecting
for a scratch and surface degradation. If a scratch or surface
degradation is detected, this AD requires a non-destructive inspection
(dye penetrant inspection). EASB 05A051 Rev 4 also specifies sending
the swashplate back to Airbus Helicopters if cracks are found, whereas
this AD does not require sending any affected parts back to Airbus
Helicopters.
    EASA AD 2019-0074R1 requires reporting inspection results, whereas
this AD does not require reporting inspection results.

Costs of Compliance

    The FAA estimates that this AD affects 28 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.

                                      Estimated Costs for Required Actions
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                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Determination of the manufacture   0.5 work-hour x $85              $0  $43................  $1,204.
 date of the swashplate.            per hour = $43.
Inspecting the yokes.............  0.5 work-hour x $85               0  $43 per inspection   $1,204 per
                                    per hour = $43 per                   cycle.               inspection cycle.
                                    inspection cycle.
Removing grease, stripping the     8 work-hours x $85                0  $680...............  $19,040.
 yokes, and inspecting the          per hour = $680.
 stripped yokes.
Creating a life limit record.....  1 work-hour x $85                 0  $85................  $2,380.
                                    per hour = $85.
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    The FAA estimates the following costs to do any necessary on-
condition actions that are required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
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                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Removing any corrosion or repairing damage   3 work-hours x $85 per hour = $255.              $0            $255
 within the allowable limit.
Replacing the swashplate...................  6 work-hours x $85 per hour = $510.          85,661          86,171
Dye-penetrant inspection...................  6 work-hours x $85 per hour = $510.              50             560
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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 2020-23-05, Amendment 39-21321 (85
FR 73604, November 19, 2020); and
0
b. Adding the following new airworthiness directive:

2022-24-12 Airbus Helicopters: Amendment 39-22252; Docket No. FAA-
2022-0015; Project Identifier AD-2021-00832-R.

(a) Effective Date

    This airworthiness directive (AD) is effective January 6, 2023.

(b) Affected ADs

    This AD replaces AD 2020-23-05, Amendment 39-21321 (85 FR 73604,
November 19, 2020).

(c) Applicability

    This AD applies to Airbus Helicopters Model EC225LP helicopters,
certificated in any category, with a main rotor (M/R) rotating
swashplate (swashplate) part number (P/N) 332A31-3074-00 or P/N
332A31-3074-01 installed.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6230, Main Rotor
Mast/Swashplate.

(e) Unsafe Condition

    This AD was prompted by results of testing, which determined
that a crack could develop in a swashplate control rod attachment
yoke (yoke), and the notification of a new life limit for certain
swashplates. The FAA is issuing this AD to detect and correct a
crack in a yoke. The unsafe condition, if not addressed, could
result in failure of the yoke, loss of M/R control, and subsequent
loss of control of the helicopter.

(f) Compliance

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

(g) Required Actions

    Before further flight, review Appendix 4.A. of Airbus
Helicopters Emergency Alert Service Bulletin (EASB) No. 05A051,
Revision 4, dated February 28, 2022 (EASB 05A051 Rev 4) to determine
the date of manufacture of the swashplate.
    (1) If the swashplate has accumulated 13 or more years since the
date of manufacture, remove the swashplate from service.
    (2) If the swashplate has accumulated less than 13 years since
the date of manufacture, create a component history card or
equivalent record indicating a life limit of 13 years since the date
of manufacture. Thereafter, continue to record the life limit of the
swashplate on its component history card or equivalent record and
remove any swashplate from service before accumulating 13 years
since the date of manufacture.
    (3) For each swashplate that has accumulated 7 or more years,
but less than 13 years, since the date of manufacture, within 15
hours time-in-service (TIS) or 7 days, whichever occurs first after
the effective date of this AD, and thereafter at intervals not to
exceed 15 hours TIS or 7 days, whichever occurs first, until the
swashplate accumulates 13 years since the date of manufacture,
visually inspect each yoke for a crack, paying particular attention
to the areas shown in Details B, C, and D of Figure 1 of EASB 05A051
Rev 4. If there is any crack on the yoke, before further flight,
remove the swashplate from service.
    (i) If no cracks are visually detected, before further flight,
visually inspect for a scratch and surface degradation on the yoke.
    (ii) If there is any scratch or surface degradation on the yoke,
before further flight, perform a dye penetrant inspection of the
yoke for a crack.
    (iii) If there is any crack on the yoke, before further flight,
remove the swashplate from service.
    (4) For each swashplate that has accumulated 7 or more years,
but less than 13 years, since the date of manufacture, within 100
hours TIS after the effective date of this AD:
    (i) Remove the grease from areas (E), (F), (G), (H), (J), and
(K) of each yoke as shown in Details B, C, and D of Figure 1 of EASB
05A051 Rev 4. Using a plastic spatula, strip areas (E), (F), (G),
(H), (J), and (K) of each yoke as shown in Details B, C, and D of
Figure 1 of EASB 05A051 Rev 4. Do not use a metal tool to strip any
area of a yoke.
    (ii) Inspect areas (E), (F), (G), (H), (J), and (K) of each yoke
as shown in Details B, C, and D of Figure 1 of EASB 05A051 Rev 4 for
corrosion, pitting, and loss of material.
    (A) If there is any corrosion less than 0.0078 in. (0.2 mm),
before further flight, remove the corrosion and apply varnish
(Vernelec 43022 or equivalent) to the surface of areas (E), (F),
(G), (H), (J), and (K).
    (B) If there is any pitting or loss of material of less than
0.0078 in. (0.2 mm), before further flight, remove the damage by
sanding with sandpaper 200/400 or 330.
    (C) If there is any corrosion, pitting, or loss of material of
0.0078 in. (0.2 mm) or greater, before further flight, remove the
swashplate from service.
    (iii) Visually inspect each yoke for a crack, paying particular
attention to the areas shown in Details B, C, and D of Figure 1 of
EASB 05A051 Rev 4.
    (A) If there is any crack on the yoke, before further flight,
remove the swashplate from service.
    (B) If no cracks are visually detected, before further flight,
perform the actions as required in paragraphs (g)(3)(i) through
(iii) of this AD.

(h) Credit for Previous Actions

    If you performed the actions in paragraph (g)(4) of this AD
before the effective date of this AD using Airbus Helicopters EASB
No. 05A051, Revision 1, dated November 16, 2017; Airbus Helicopters
EASB No. 05A051, Revision 2, dated February 26, 2019; or Airbus
Helicopters EASB No. 05A051 Revision 3, dated December 7, 2021, you
have met the requirements of paragraph (g)(4) of this AD.

(i) Special Flight Permits

    Special flight permits are prohibited.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k)(1) of
this AD. Information may be emailed to: [email protected].
    (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.

(k) Related Information

    (1) For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; phone:<PHONE_NUMBER>; email: [email protected].
    (2) Airbus Helicopters Emergency Alert Service Bulletin (EASB)
No. 05A051, Revision 1, dated November 16, 2017; Airbus Helicopters
EASB No. 05A051, Revision 2, dated February 26, 2019; and Airbus
Helicopters EASB No. 05A051 Revision 3, dated December 7, 2021,
which are not incorporated by reference, contain additional
information about the subject of this AD. This service information
is available at the contact information specified in paragraphs
(l)(3) and (4) of this AD.
    (3) The subject of this AD is addressed in European Union
Aviation Safety Agency (EASA) AD 2019-0074R1, dated March 8, 2022.
You may view the EASA AD at regulations.gov under Docket No. FAA-
2022-0015.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Emergency Alert Service Bulletin No.
05A051, Revision 4, dated February 28, 2022.
    Note 1 to paragraph (l)(2)(i): Airbus Helicopters Emergency
Alert Service Bulletin No. 05A051, Revision 4, dated February 28,
2022, is co-published as one document along with Airbus Helicopters
Emergency Alert Service Bulletin No. 05A046, Revision 4, dated
February 28, 2022, which is not incorporated by reference in this
AD.
    (ii) [Reserved]
    (3) For Airbus Helicopters service information identified in
this AD, contact Airbus Helicopters, 2701 North Forum Drive, Grand
Prairie, TX 75052; phone:<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at airbus.com/helicopters/services/technical-support.html.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26219 Filed 12-1-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Pages 50688-50690]
[FR Doc No: 2014-20144]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-B-1434]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before November 24, 2014.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1434, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.
    I. Watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
              Kent County, Rhode Island (All Jurisdictions)
------------------------------------------------------------------------
                       Narragansett HUC8 Watershed
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Warwick........................  Planning Department, 3275 Post
                                          Road, Warwick, RI 02886.
Town of Coventry.......................  Department of Public Works,
                                          1675 Flat River Road,
                                          Coventry, RI 02816.
Town of East Greenwich.................  Department of Public Works, 111
                                          Pierce Street, East Greenwich,
                                          RI 02818.
Town of West Warwick...................  Town Hall, 1170 Main Street,
                                          West Warwick, RI 02893.
------------------------------------------------------------------------
           Providence County, Rhode Island (All Jurisdictions)
------------------------------------------------------------------------
City of Central Falls..................  City Hall, 580 Broad Street,
                                          Central Falls, RI 02863.
City of Cranston.......................  City Hall, 869 Park Avenue,
                                          Cranston, RI 02910.
City of East Providence................  City Hall, 145 Taunton Avenue,
                                          East Providence, RI 02914.
City of Pawtucket......................  Department of Planning and
                                          Development, 175 Main Street,
                                          Pawtucket, RI 02860.
City of Providence.....................  City Administration Building,
                                          444 Westminster Street,
                                          Providence, RI 02903.
Town of Cumberland.....................  Department of Public Works, 45
                                          Broad Street, Cumberland, RI
                                          02864.
Town of Johnston.......................  Town Hall, 1385 Hartford
                                          Avenue, Johnston, RI 02919.
Town of Lincoln........................  Town Hall, 100 Old River Road,
                                          Lincoln, RI 02865.
Town of North Providence...............  Department of Public Works, Two
                                          Mafalda Street, North
                                          Providence, RI 02911.
Town of North Smithfield...............  Town Hall, One Main Street,
                                          Slatersville, RI 02876.
Town of Scituate.......................  Town Hall, 195 Danielson Pike,
                                          Scituate, RI 02857.
Town of Smithfield.....................  Town Hall, 64 Farnum Pike,
                                          Smithfield, RI 02917.
------------------------------------------------------------------------
                        Lower Wisconsin Watershed
------------------------------------------------------------------------
           Columbia County, Wisconsin, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
City of Columbus.......................  City Hall, 105 North Dickason
                                          Boulevard, Columbus, WI 53925.
City of Lodi...........................  City Hall, 130 South Main
                                          Street, Lodi, WI 53555.
City of Portage........................  City Hall, 115 West Pleasant
                                          Street, Portage, WI 53901.
City of Wisconsin Dells................  City Hall, 300 La Crosse
                                          Street, Wisconsin Dells, WI
                                          53965.
Unincorporated Areas of Columbia County  Carl C. Frederick
                                          Administration Building, 400
                                          DeWitt Street, Portage, WI
                                          53901.

Village of Cambria.....................  Village Hall, 111 West
                                          Edgewater Street, Cambria, WI
                                          53923.
Village of Doylestown..................  Village Hall, W3005 Railroad
                                          Street, Doylestown, WI 53928.
Village of Fall River..................  Village Hall, 641 South Main
                                          Street, Fall River, WI 53932.
Village of Pardeeville.................  Village Hall, 114 Lake Street,
                                          Pardeeville, WI 53954.
Village of Poynette....................  Village Hall, 106 South Main
                                          Street, Poynette, WI 53955.
Village of Wyocena.....................  Village Hall, 165 East Dodge
                                          Street, Wyocena, WI 53969.
------------------------------------------------------------------------
           Crawford County, Wisconsin, and Incorporated Areas
------------------------------------------------------------------------
City of Prairie du Chien...............  City Hall, 214 East Blackhawk
                                          Avenue, Prairie du Chien, WI
                                          53821.
Unincorporated Areas of Crawford County  Administration Building, 225
                                          North Beaumont Road, Prairie
                                          du Chien, WI 53821.
Village of Bell Center.................  Village Hall, 430 Bell Center
                                          Road, Bell Center, WI 54631.
Village of De Soto.....................  Village Hall, 115 South
                                          Houghton Street, De Soto, WI
                                          54624.
Village of Ferryville..................  Village Hall, 170 Pine Street,
                                          Ferryville, WI 54628.
Village of Gays Mills..................  Village Hall, 16381 State
                                          Highway 131, Gays Mills, WI
                                          54631.
Village of Lynxville...................  Village Hall, 475 Bench Street,
                                          Lynxville, WI 54626.
Village of Soldiers Grove..............  Village Hall, 102 Passive Sun
                                          Drive, Soldiers Grove, WI
                                          54655.
Village of Steuben.....................  Village Hall, 123 Midway
                                          Street, Steuben, WI 54657.
Village of Wauzeka.....................  Village Hall, 213B East Front
                                          Street, Wauzeka, WI 53826.
------------------------------------------------------------------------
             Grant County, Wisconsin, and Incorporated Areas
------------------------------------------------------------------------
City of Boscobel.......................  City Hall, 1006 Wisconsin
                                          Avenue, Boscobel, WI 53805.
City of Lancaster......................  City Hall, 206 South Madison
                                          Street, Lancaster, WI 53813.
City of Platteville....................  City Hall, 75 North Bonson
                                          Street, Platteville, WI 53818.
Unincorporated Areas of Grant County...  Tax Listers Office, 111 South
                                          Jefferson Street, Lancaster,
                                          WI 53813.
Village of Bagley......................  Village Hall, 400 South Jackley
                                          Lane, Bagley, WI 53801.
Village of Bloomington.................  Village Hall, 453 Canal Street,
                                          Bloomington, WI 53804.
Village of Blue River..................  Village Hall, 201 Clinton
                                          Street, Blue River, WI 53518.
Village of Mount Hope..................  Village Hall, 127 East Main
                                          Street, Mount Hope, WI 53816.
Village of Muscoda.....................  Village Hall, 206 North
                                          Wisconsin Avenue, Muscoda, WI
                                          53573.
------------------------------------------------------------------------

    II. Non-Watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
            Schuyler County, Illinois, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
Unincorporated Areas of Schuyler County  Schuyler County Highway
                                          Department, 121 Henninger
                                          Drive, Rushville, IL 62681.
------------------------------------------------------------------------
               Butler County, Ohio, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
 City of Fairfield.....................  City Hall, 5350 Pleasant
                                          Avenue, Fairfield, OH 45014.
City of Hamilton.......................  Planning Department, 345 High
                                          Street, Suite 370, Hamilton,
                                          OH 45011.
City of Middletown.....................  City Hall, One Donham Plaza,
                                          Middletown, OH 45042.
City of Monroe.........................  City Hall, 233 South Main
                                          Street, Monroe, OH 45050.
City of Oxford.........................  City Hall, Building Department,
                                          101 East High Street, Oxford,
                                          OH 45056.
City of Trenton........................  City Hall, 11 East State
                                          Street, Trenton, OH 45067.
Unincorporated Areas of Butler County..  Butler County Administrative
                                          Center, Building and Zoning
                                          Department, 130 High Street,
                                          1st Floor, Hamilton, OH 45011.
Village of Millville...................  Village Hall, 2860 Ross Hanover
                                          Road, Millville, OH 45013.
Village of New Miami...................  Village Hall, 268 Whitaker
                                          Avenue, New Miami, OH 45011.
Village of Seven Mile..................  Village Hall, 201 High Street,
                                          Seven Mile, OH 45062.
Village of Somerville..................  Village Hall, 146 Main Street,
                                          Somerville, OH 45064.
------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: August 4, 2014.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-20144 Filed 8-22-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39408-39411]
[FR Doc No: 2012-16262]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0554]
RIN 1625-AA00

Safety Zone; Buffalo July 4th Fireworks, Lake Erie, Buffalo, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie, Buffalo, NY. This safety zone is intended to restrict
vessels from a portion of Lake Erie during the Buffalo July 4th
Fireworks display. This temporary safety zone is necessary to

protect spectators and vessels from the hazards associated with a
fireworks display.

DATES: This rule will be effective from 9:00 p.m. until 11:15 p.m. on
July 4, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0554]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box, and click ``Search.'' You may
visit the Docket Management Facility, Department of Transportation,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9343, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
final details for this event were not known to the Coast Guard until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable as it would inhibit the
Coast Guard's ability to protect spectators and vessels from the
hazards associated with a maritime fireworks display, which are
discussed further 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. For the same reasons discussed in
the preceding paragraph, waiting for 30 day notice period run would be
impracticable and contrary to the public interest.

B. Basis and Purpose

    Between 9:30 p.m. and 10:45 p.m. on July 4, 2012, a fireworks
display will be held on Lake Erie near Buffalo, NY. The Captain of the
Port Buffalo has determined that fireworks launched proximate to a
gathering of watercraft pose a significant risk to public safety and
property. Such hazards include premature and accidental detonations,
dangerous projectiles, and falling or burning debris.

C. Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during the Buffalo July 4th
Fireworks. This zone will be effective and enforced from 9:00 p.m.
until 11:15 p.m. on July 4, 2012. This zone will encompass all waters
of Lake Erie, Buffalo, NY within a 1680 foot radius of position
42[deg]52'14.92'' N and 78[deg]52'56.57'' W (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be relatively small and enforced
for a relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. Furthermore, the safety zone
has been designed to allow vessels to transit around it. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during 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.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the Lake Erie on the evening of July
4, 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only two hours and fifteen minutes late in the day. Traffic may be
allowed to pass through the zone with the permission of the Captain of
the Port. The Captain of the Port can be reached via VHF channel 16.
Before the activation of the zone, we would issue local Broadcast
Notice to Mariners.

3. Assistance for Small Entities

    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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

    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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination With Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0554 to read as follows:

Sec.  165.T09-0554  Safety Zone; Buffalo July 4th Fireworks, Lake Erie,
Buffalo, NY.

    (a) Location. This zone will encompass all waters of Lake Erie,
Buffalo, NY within a 1680 foot radius of position 42[deg]52'14.92'' N
and 78[deg]52'56.57'' W (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective
and will be enforced on July 4, 2012, from 9:00 p.m. until 11:15 p.m.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Buffalo or
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo 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 Buffalo, or his on-scene representative.

    Dated: June 20, 2011.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-16262 Filed 7-2-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 57 (Thursday, March 24, 2022)]
[Rules and Regulations]
[Pages 16626-16630]
[FR Doc No: 2022-06178]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-FAA-2021-0630; Special Conditions No. 25-801-SC]

Special Conditions: Dassault Aviation Model Falcon 6X Airplane;
Interaction of Systems and Structures

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Dassault Aviation
(Dassault) Model Falcon 6X airplane. This airplane will have a novel or
unusual design feature when compared to the state of technology
envisioned in the airworthiness standards for transport category
airplanes. This design feature is installed systems that, directly or
as a result of failure or malfunction, affect airplane structural
performance. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: This action is effective on Dassault on March 24, 2022. Send
comments on or before May 9, 2022.

ADDRESSES: Send comments identified by Docket No. FAA-2021-0630 using
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in 14 CFR 11.35, the FAA will post all comments received
without change to http://www.regulations.gov/, including any personal
information you provide. The FAA will also post a report summarizing
each substantive verbal contact received about these special
conditions.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to these special
conditions contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to these special conditions, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission containing CBI as ``PROPIN.''
The FAA

will treat such marked submissions as confidential under the FOIA, and
the indicated comments will not be placed in the public docket of these
special conditions. Send submissions containing CBI to the Information
Contact below. Comments the FAA receives, which are not specifically
designated as CBI, will be placed in the public docket for these
special conditions.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Todd Martin, Materials and Structural
Properties Section, AIR-621, Technical Innovation Policy Branch, Policy
and Innovation Division, Aircraft Certification Service, Federal
Aviation Administration, 2200 South 216th Street, Des Moines,
Washington 98198; telephone and fax<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to Sec.  11.38(b), that new comments
are unlikely, and notice and comment prior to this publication are
unnecessary.

Comments Invited

    The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on the
comments received.

Background

    On February 1, 2018, Dassault applied for a type certificate for
their new Model Falcon 6X airplane. This airplane is a twin-engine
business jet with seating for 19 passengers and a maximum takeoff
weight of 77,460 pounds.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.17, Dassault must show that the Model Falcon 6X airplane meets
the applicable provisions of part 25, as amended by amendments 25-1
through 25-146.
    If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Dassault Model Falcon 6X airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Dassault Model Falcon 6X airplane must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the
noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Dassault Model Falcon 6X airplane will incorporate the
following novel or unusual design feature:
    Installed systems that, directly or as a result of failure or
malfunction, affect airplane structural performance.

Discussion

    The Dassault Model Falcon 6X airplane is equipped with systems that
directly, or as a result of failure or malfunction, affect its
structural performance. These systems include the digital flight-
control system, which includes maneuver-load and gust-load alleviation,
and the fuel-management system. Current FAA regulations do not take
into account the effects of systems on structural performance,
including normal operation and failure conditions. Special conditions
are needed to account for these features. These special conditions
define criteria to be used in the assessment of the effects of these
systems on structures. The general approach of accounting for the
effect of system failures on structural performance is extended to
include any system in which partial or complete failure, alone or in
combination with other system partial or complete failures, would
affect structural performance.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.
    These special conditions are similar to those previously applied to
other airplane models.

Applicability

    As discussed above, these special conditions are applicable to the
Dassault Model Falcon 6X airplane. Should Dassault apply at a later
date for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on one model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Dassault Model Falcon 6X airplane.
    For airplanes equipped with systems that affect structural
performance, either directly or as a result of a failure or
malfunction, the influence of these systems and their failure
conditions must be taken into account when showing compliance with the
requirements of 14 CFR part 25 subparts C and D.
    The following criteria must be used for showing compliance with
these special conditions for airplanes equipped with flight-control
systems, autopilots, stability-augmentation systems, load-alleviation
systems, flutter-control systems, fuel-management systems, and other
systems that either directly, or as a result of failure or malfunction,
affect structural performance. If these special conditions are used for
other systems, it may be necessary to adapt the criteria to the
specific system.
    1. The criteria defined herein only address the direct structural

consequences of the system responses and performance. They cannot be
considered in isolation, but should be included in the overall safety
evaluation of the airplane. These criteria may, in some instances,
duplicate standards already established for this evaluation. These
criteria are only applicable to structure the failure of which could
prevent continued safe flight and landing. Specific criteria that
define acceptable limits on handling characteristics or stability
requirements, when operating in the system degraded or inoperative
mode, are not provided in these special conditions.
    2. Depending upon the specific characteristics of the airplane,
additional studies that go beyond the criteria provided in these
special conditions may be required to demonstrate the airplane's
capability to meet other realistic conditions, such as alternative gust
or maneuver descriptions for an airplane equipped with a load-
alleviation system.
    3. The following definitions are applicable to these special
conditions.
    a. Structural performance: Capability of the airplane to meet the
structural requirements of 14 CFR part 25.
    b. Flight limitations: Limitations that can be applied to the
airplane flight conditions following an in-flight occurrence, and that
are included in the airplane flight manual (e.g., speed limitations,
avoidance of severe weather conditions, etc.).
    c. Operational limitations: Limitations, including flight
limitations, that can be applied to the airplane operating conditions
before dispatch (e.g., fuel, payload and master minimum-equipment list
limitations).
    d. Probabilistic terms: Terms such as probable, improbable, and
extremely improbable, as used in these special conditions, are the same
as those used in Sec.  25.1309.
    e. Failure condition: This term is the same as that used in Sec.
25.1309. However, these special conditions apply only to system-failure
conditions that affect the structural performance of the airplane
(e.g., system-failure conditions that induce loads, change the response
of the airplane to inputs such as gusts or pilot actions, or lower
flutter margins).

Effects of Systems on Structures

    The following criteria will be used in determining the influence of
a system and its failure conditions on the airplane structure.
    1. System fully operative. With the system fully operative, the
following apply:
    a. Limit loads must be derived in all normal operating
configurations of the system from all the limit conditions specified in
14 CFR part 25, subpart C (or defined by special conditions or
equivalent level of safety in lieu of those specified in subpart C),
taking into account any special behavior of such a system or associated
functions, or any effect on the structural performance of the airplane
that may occur up to the limit loads. In particular, any significant
nonlinearity (rate of displacement of control surface, thresholds, or
any other system nonlinearities) must be accounted for in a realistic
or conservative way when deriving limit loads from limit conditions.
    b. The airplane must meet the strength requirements of 14 CFR part
25 (static strength, residual strength), using the specified factors to
derive ultimate loads from the limit loads defined above. The effect of
nonlinearities must be investigated beyond limit conditions to ensure
that the behavior of the system presents no anomaly compared to the
behavior below limit conditions. However, conditions beyond limit
conditions need not be considered when it can be shown that the
airplane has design features that will not allow it to exceed those
limit conditions.
    c. The airplane must meet the aeroelastic stability requirements of
Sec.  25.629.
    2. System in the failure condition. For any system-failure
condition not shown to be extremely improbable, the following apply:
    a. At the time of occurrence. Starting from 1g level flight
conditions, a realistic scenario, including pilot corrective actions,
must be established to determine the loads occurring at the time of
failure and immediately after the failure.
    i. For static-strength substantiation, these loads, multiplied by
an appropriate factor of safety that is related to the probability of
occurrence of the failure, are ultimate loads to be considered for
design. The factor of safety is defined in Figure 1, below.
[GRAPHIC] [TIFF OMITTED] TR24MR22.060

    ii. For residual-strength substantiation, the airplane must be able
to withstand two-thirds of the ultimate loads defined in special
condition 2.a.i above. For pressurized cabins, these loads must be
combined with the normal operating differential pressure.
    iii. Freedom from aeroelastic instability must be shown up to the
speeds defined in Sec.  25.629(b)(2). For failure conditions that
result in speeds beyond VC/MC, freedom from
aeroelastic instability must be shown to increased speeds, so that the
margins intended by Sec.  25.629(b)(2) are maintained.
    iv. Failures of the system that result in forced structural
vibrations (oscillatory failures) must not produce loads that could
result in detrimental deformation of primary structure.
    b. For the continuation of the flight. For the airplane in the
system-failed state, and considering any appropriate reconfiguration
and flight limitations, the following apply:

    i. The loads derived from the following conditions (or used in lieu
of the following conditions) at speeds up to VC/
MC (or the speed limitation prescribed for the remainder of
the flight) must be determined:
    1. The limit symmetrical maneuvering conditions specified in
Sec. Sec.  25.331 and 25.345.
    2. The limit gust and turbulence conditions specified in Sec. Sec.
25.341 and 25.345.
    3. The limit rolling conditions specified in Sec.  25.349, and the
limit unsymmetrical conditions specified in Sec. Sec.  25.367, and
25.427(b) and (c).
    4. The limit yaw-maneuvering conditions specified in Sec.  25.351.
    5. The limit ground-loading conditions specified in Sec. Sec.
25.473 and 25.491.
    ii. For static-strength substantiation, each part of the structure
must be able to withstand the loads in special condition 2.b.i.,
multiplied by a factor of safety depending on the probability of being
in this failure state. The factor of safety is defined in Figure 2,
below.
[GRAPHIC] [TIFF OMITTED] TR24MR22.061

Q j = (Tj)(Pj)

Where:

Q j = Probability of being in failure mode j
Tj = Average time spent in failure mode j (in hours)
Pj = Probability of occurrence of failure mode j (per
hour)

    Note:  If Pj is greater than
10-3 per flight hour, then a 1.5 factor of
safety must be applied to all limit load conditions specified in 14
CFR part 25, subpart C.

    iii. For residual-strength substantiation, the airplane must be
able to withstand two-thirds of the ultimate loads defined in special
condition 2.b.ii. For pressurized cabins, these loads must be combined
with the normal operating differential pressure.
    iv. If the loads induced by the failure condition have a
significant effect on fatigue or damage tolerance, then their effects
must be taken into account.
    v. Freedom from aeroelastic instability must be shown up to a speed
determined from Figure 3, below. Flutter clearance speeds V' and V''
may be based on the speed limitation specified for the remainder of the
flight using the margins defined by Sec.  25.629(b).
[GRAPHIC] [TIFF OMITTED] TR24MR22.062

V' = Clearance speed as defined by Sec.  25.629(b)(2).
V'' = Clearance speed as defined by Sec.  25.629(b)(1).
Q j = (Tj)(Pj)
where:

Q j = Probability of being in failure mode j
Tj = Average time spent in failure mode j (in hours)
Pj = Probability of occurrence of failure mode j (per
hour)

    Note:  If Pj is greater than
10-3 per flight hour, then the flutter
clearance speed must not be less than V''.

    vi. Freedom from aeroelastic instability must also be shown up to
V' in Figure 3, above, for any probable system-failure condition,
combined with any damage required or selected for investigation by
Sec.  25.571(b).
    c. Consideration of certain failure conditions may be required by
other sections of 14 CFR part 25 regardless of calculated system
reliability. Where analysis shows the probability of these failure
conditions to be less than 10-9 per flight hour,
criteria other than those specified in this paragraph may be used for
structural substantiation to show continued safe flight and landing.
    3. Failure indications. For system-failure detection and
indication, the following apply:
    a. The system must be checked for failure conditions, not extremely

improbable, that degrade the structural capability below the level
required by part 25, or that significantly reduce the reliability of
the remaining system. As far as reasonably practicable, the flightcrew
must be made aware of these failures before flight. Certain elements of
the control system, such as mechanical and hydraulic components, may
use special periodic inspections, and electronic components may use
daily checks, in lieu of detection and indication systems, to achieve
the objective of this requirement. These certification-maintenance
requirements must be limited to components that are not readily
detectable by normal detection-and-indication systems, and where
service history shows that inspections will provide an adequate level
of safety.
    b. The existence of any failure condition, not extremely
improbable, during flight, that could significantly affect the
structural capability of the airplane, and for which the associated
reduction in airworthiness can be minimized by suitable flight
limitations, must be signaled to the flightcrew. For example, failure
conditions that result in a factor of safety between the airplane
strength and the loads of part 25, subpart C, below 1.25, or flutter
margins below V'', must be signaled to the crew during flight.
    4. Dispatch with known failure conditions. If the airplane is to be
dispatched in a known system-failure condition that affects structural
performance, or that affects the reliability of the remaining system to
maintain structural performance, then the provisions of these special
conditions must be met, including the provisions of special condition
1, ``System Fully Operative'' for the dispatched condition, and special
condition 2, ``System in the Failure Condition'' for subsequent
failures. Expected operational limitations may be taken into account in
establishing Pj as the probability of failure occurrence for
determining the safety margin in Figure 1. Flight limitations and
expected operational limitations may be taken into account in
establishing Qj as the combined probability of being in the
dispatched failure condition and the subsequent failure condition for
the safety margins in Figures 2 and 3. These limitations must be such
that the probability of being in this combined failure state, and then
subsequently encountering limit load conditions, is extremely
improbable. No reduction in these safety margins is allowed if the
subsequent system-failure rate is greater than
10-3 per flight hour.

    Issued in Kansas City, Missouri, on March 18, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2022-06178 Filed 3-23-22; 8:45 am]
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[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Page 21773]
[FR Doc No: 2011-9347]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3318-EM; Docket ID FEMA-2011-0001]

North Dakota; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of North Dakota (FEMA-3318-EM), dated April 7,
2011, and related determinations.

DATES: Effective Date: April 7, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 7, 2011, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the State of North Dakota resulting from flooding beginning on
April 5, 2011, and continuing, are of sufficient severity and
magnitude to warrant an emergency declaration under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (``the Stafford Act''). Therefore, I declare that such
an emergency exists in the State of North Dakota.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), limited to direct Federal assistance, under the Public
Assistance program. This assistance excludes regular time costs for
subgrantees' regular employees.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Willie
G. Nunn, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the State of North Dakota have been
designated as adversely affected by this declared emergency:

    Barnes, Cass, Richland, and Traill for emergency protective
measures (Category B), limited to direct Federal assistance, under
the Public Assistance program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-9347 Filed 4-15-11; 8:45 am]
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[Federal Register: September 18, 2007 (Volume 72, Number 180)]
[Proposed Rules]
[Page 53202-53204]
[DOCID:fr18se07-26]

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

Coast Guard

33 CFR Part 117

[CGD01-07-130]
RIN 1625-AA09

Drawbridge Operation Regulations; Gowanus Canal, Brooklyn, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to temporarily change the drawbridge
operating regulations governing the operation of the Hamilton Avenue
Bridge, mile 1.2, across the Gowanus Canal at Brooklyn, New York. This
proposed rule would allow the bridge owner to require a four-hour
notice for bridge openings from November 5, 2007 to January 15, 2009.
This rule is necessary to facilitate rehabilitation construction at the
bridge.

DATES: Comments and related material must reach the Coast Guard on or
before October 18, 2007. The proposed amendment of 33 CFR 117.787 would
be effective from November 5, 2007 to January 15, 2009.

ADDRESSES: You may mail comments and related material to Commander
(dpb), First Coast Guard District Bridge Branch, One South Street,
Battery Park Building, New York, New York, 10004, or deliver them to
the same address between 7 a.m. and 3 p.m., Monday through Friday,
except, Federal holidays. The telephone number is<PHONE_NUMBER>. The
First Coast Guard District, Bridge Branch, maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being

available in the docket, will become part of this docket and will be
available for inspection or copying at the First Coast Guard District,
Bridge Branch, between 7 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Leung-Yee, Project Officer,
First Coast Guard District,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-07-
130), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8 1/2 by 11 inches, suitable for copying. If you would like to know if
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting; however, you may
submit a request for a meeting by writing to the First Coast Guard
District, Bridge Branch, at the address under ADDRESSES explaining why
one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

Background and Purpose

    The Hamilton Avenue Bridge has a vertical clearance of 19 feet at
mean high water, and 23 feet at mean low water in the closed position.
The existing drawbridge operating regulations listed at 33 CFR 117.5,
require the bridge to open on signal at all times.
    The bridge owner, New York City Department of Transportation
(NYCDOT), has requested a temporary rule to facilitate structural,
electrical and mechanical rehabilitation at the Hamilton Avenue Bridge.
    Under this temporary rule the Hamilton Avenue Bridge would open on
signal after at least a four-hour advance notice is given by calling
(201) 400-5243.
    Major rehabilitation bridge repairs have been ongoing at the
Hamilton Avenue Bridge since March 2007. The bridge owner NYCDOT,
requested a temporary deviation from the drawbridge operation
regulations to help facilitate bridge rehabilitation repairs at the
Hamilton Avenue Bridge.
    As a result of that request the Coast Guard authorized a temporary
deviation [CGD01-07-026] on March 15, 2007, which required mariners to
provide a four-hour advance notice for bridge openings from April 6,
2007 through September 29, 2007.
    On August 7, 2007, the Coast Guard received a second request from
the bridge owner NYCDOT, to extend the four-hour advance notice
requirement at the Hamilton Avenue Bridge through January 15, 2009, in
order to facilitate the remaining rehabilitation bridge repairs.

Discussion of Proposed Rule

    This proposed change would allow the bridge owner to require at
least a four-hour advance notice for bridge openings from November 5,
2007 through January 15, 2009, in order to facilitate bridge
rehabilitation repairs.
    The Gowanus Canal supports both recreational and commercial
navigation. The Coast Guard contacted all known facilities that
normally use the Hamilton Avenue Bridge and no objections to the
temporary rule were received.
    The Coast Guard believes the proposed temporary rule is reasonable
and necessary to allow the contractor to complete the bridge
rehabilitation repairs at the bridge in order to assure the safe
reliable continued operation of the bridge.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS.)
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
    This conclusion is based on the fact that all vessel traffic will
still be able to transit through the bridge at all times after
providing the four-hour advance notice for bridge openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under section 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    This conclusion is based on the fact that all vessel traffic will
still be able to transit through the bridge at all times after
providing the four-hour advance notice for bridge openings.
    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.

Assistance for Small Entities

    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 so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact, Commander (dpb), First Coast
Guard District, Bridge Branch, One South Street, New York, NY, 10004.
The telephone number is<PHONE_NUMBER>. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 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.

Taking of Private Property

    This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    This 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.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.1D, and Department of Homeland Security Management Directive
5100.1, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (32)(e) of the
Instruction, from further environmental documentation as this action
relates to the promulgation of operating regulations or procedures for
drawbridges. Under figure 2-1, paragraph (32)(e) of the Instruction, an
``Environmental Analysis Checklist'' is not required for this rule.
Comments on this section will be considered before we make the final
decision on whether to categorically exclude this rule from further
environmental review.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as
follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1.

    2. From November 5, 2007 to January 15, 2009, revise Sec.  117.787
to read as follows:

Sec.  117.787  Gowanus Canal.

    (a) The draws of the Ninth Street Bridge, mile 1.4, the Third
Street Bridge, mile 1.8, the Carroll Street Bridge, mile 2.0, and the
Union Street Bridge, mile 2.1, at Brooklyn, shall open on signal if at
least a two-hour advance notice is given to the New York City
Department of Transportation (NYCDOT), Radio Hotline, or the NYCDOT
Bridge Operations Office.
    (b) The draw of the Hamilton Avenue Bridge, mile 1.2, shall open on
signal after at least a four-hour advance notice is given by calling
(201) 400-5243. This paragraph is effective from November 7, 2007 to
January 15, 2009.

    Dated: September 7 2007.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
 [FR Doc. E7-18302 Filed 9-17-07; 8:45 am]

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