[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Rules and Regulations]
[Pages 12141-12143]
[FR Doc No: 2023-03694]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1487; Project Identifier MCAI-2022-00688-T;
Amendment 39-22332; AD 2023-03-07]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 airplanes. This AD was prompted by a
report that an interference was detected between the installed nut and
the foot radius of a section of a certain frame (FR) on the right-hand
side. This AD requires removing the affected fasteners and inspecting
the affected area for damage, and applicable corrective actions if
necessary, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.

DATES: This AD is effective April 3, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 3,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1487; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1487.

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

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Airbus SAS
Model A350-941 airplanes. The NPRM published in the Federal Register on
November 25, 2022 (87 FR 72414). The NPRM was prompted by AD 2022-0093,
dated May 25, 2022, issued by EASA, which is the Technical Agent for
the Member States of the European Union (EASA AD 2022-0093) (also
referred to as the MCAI). The MCAI states that an interference was
detected between the installed nut and the foot radius of FR 96,
between stringer 6 and stringer 7, on the right-hand side. Further
investigation showed that the minimum distances for nut installation
were not fulfilled, and some airplanes were damaged in the FR 96 foot
radius area. Damage at the FR 96 foot radius area, if not addressed,
may affect the structural integrity of the airplane.
    In the NPRM, the FAA proposed to require removing the affected
fasteners and inspecting the affected area for damage, and applicable
corrective actions if necessary, as specified in EASA AD 2022-0093. The
FAA is issuing this AD to address possible damage at the FR 96 foot
radius area. This condition, if not addressed, may affect the
structural integrity of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1487.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. 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 this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0093 specifies procedures for removing the affected
fasteners and doing detailed, high frequency eddy current, and rototest
inspections for damage (either superficial, limited to the paint, e.g.,
discoloration to the paint or protective layer; or non-superficial,
e.g., dents, cracks, bends, nicks, and discoloration to the metal) of
the fastener hole, fillet radius, and collar areas at FR96, stringers 6
and 7 on the right-hand side, and applicable corrective actions.
Corrective actions include installing new fasteners and nuts with
adapted aluminum washers and repair. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 5 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255           $1,275
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be 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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255....            $240             $495
------------------------------------------------------------------------

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

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing

regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2023-03-07 Airbus SAS: Amendment 39-22332; Docket No. FAA-2022-1487;
Project Identifier MCAI-2022-00688-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 3, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2022-0093, dated May 25, 2022 (EASA
AD 2022-0093).

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report that an interference was
detected between the installed nut and the foot radius of frame (FR)
96, between stringer 6 and stringer 7, on the right-hand side. The
FAA is issuing this AD to address possible damage at the FR 96 foot
radius area. This condition, if not addressed, may affect the
structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0093.

(h) Exceptions to EASA AD 2022-0093

    (1) Where EASA AD 2022-0093 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where the definitions of ``Affected part'' and ``Affected
area'' in EASA AD 2022-0093 specify ``the SB,'' for this AD, replace
the text ``the SB'' with ``the inspection SB.''
    (3) The ``Remarks'' section of EASA AD 2022-0093 does not apply
to this AD.

(i) Additional AD Provisions

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

(j) Additional Information

    For more information about this AD, contact Dat Le, Aerospace
Engineer, Large Aircraft Section, FAA, International Validation
Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516-
228-7317; email [email protected].

(k) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0093,
dated May 25, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0093, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-03694 Filed 2-24-23; 8:45 am]
BILLING CODE 4910-13-P


To:  T. J.  Herman							             March 9, 2004

From:  S. A. Hawk

Subject:     Industrial Hygiene Air Sampling Report For Normal propyl
bromide (nPB) Based Mouth Waterproofing in Manufacture of 5.56 mm
Ammunition.

Executive Summary

Current environmental requirements necessitate the elimination of 1,1,1
Trichloroethane  (TCA), an ozone depleting substance (ODS), in the
production of ammunition manufactured for the Federal Government.   TCA
is the solvent in the current asphalt based mouth-waterproofing compound
for production of 5.56 mm cartridges.

Attempts over the past several years have been made to find an
“environmentally friendly” substitute for TCA.  Each of the possible
replacement solvents shared a fundamental problem; they were not
compatible with the 5.56 mm high speed manufacturing equipment.  A new
team of engineers was assembled in 2002 to investigate substitute
solvents.  Through an extensive evaluation the team identified a
suitable substitute, nPB.

An nPB based mouth-waterproofing compound was developed that matched the
entire chemical and physical characteristics of the TCA compound.

Air Sampling Results

Industrial Hygiene air samples were collected on different days and
shifts while the nPB mouth waterproofing was used.  Survey Samples were
collected by placing SKC passive samplers (575-002A) in the breathing
zone of exposed workers. Samples were collected for a full shift for
which time weighted average were reported.  Samples were analyzed by
ENTEK Environmental Laboratories, an American Industrial Hygiene
Association accredited laboratory, using NIOSH method 1003.

No results were above the manufacturer’s recommended exposure of 25
ppm. With exception of one result, sample number 11-24-7 with 21.47 ppm,
all readings were below half of the 25-ppm recommendation.  This
21.47-ppm result is difficult to explain when compared to the 3.41-ppm
result of sample number 11-24-8.  Both results originated from doing the
same job on the same machine.

Tabled results are as follows:

Results of nPB Air Sampling Building 2 Priming Wing

Date Sampled	Sample 	Line	Shift	Job Title	 Limit	TWA (ppm)

11/03/2003	11-3-1	1	D	Tool Setter	25 ppm	1.23

11/03/2003	11-3-2	3	D	Tool Setter	25 ppm	2.71

11/03/2003	11-3-3	2	D	Tool Setter	25 ppm	1.17

11/04/2003	11-4-1	3	D	Tool Setter	25 ppm	2.80

11/04/2003	11-4-2	2	D	Operator	25 ppm	1.65

11/04/2003	11-4-3	1	D	Tool Setter	25 ppm	3.04

11/06/2003	11-6-1	1	D	Tool Setter	25 ppm	3.68

11/06/2003	11-6-2	3	D	Tool Setter	25 ppm	4.00

11/06/2003	11-6-3	2	D	Operator	25 ppm	2.74

 	 	 	 	 	Average	2.56

Results of nPB Air Sampling Building 1 Priming Wing - Blank Line Only

Date Sampled	Sample 	Line	Shift	Job Title	 Limit	TWA (ppm)

10/202003	20-1	5	D	Op Tech	25 ppm	1.32

10/20/2003	20-2	5	D	Op Tech	25 ppm	1.83

10/22/2003	22-1	5	D	Op Tech	25 ppm	0.58

10/22/2003	22-2	5	D	Op Tech	25 ppm	1.63

10/27/2003	27-1	5	D	Op Tech	25 ppm	1.44

10/27/2003	27-2	5	D	Op Tech	25 ppm	2.69

 	 	 	 	 	Average	1.58

Results of nPB Air Sampling Building 1 Priming Wing - Evening Shift,
Four Lines Running.

Date Sampled	Sample 	Line	Shift	Job Title	 Limit	TWA (ppm)

11/21/2003	11-21-3	3	E	Op Tech	25 ppm	4.32

11/21/2003	11-21-4	2	E	Op Tech	25 ppm	5.69

11/21/2003	11-21-5	4	E	Op Tech	25 ppm	4.02

11/21/2003	11-21-6	5	E	Op Tech	25 ppm	2.98

11/21/2003	11-21-7	Mat. Handler	E	Mat. Handler	25 ppm	0.86

11/24/2003	11-24-1	4	E	Op Tech	25 ppm	9.16

11/24/2003	11-24-2	Mat. Handler	E	Op Tech	25 ppm	4.75

11/24/2003	11-24-3	3	E	Op Tech	25 ppm	6.1

11/24/2003	11-24-4	4	E	Op Tech	25 ppm	6.45

11/24/2003	11-24-5	2	E	Op Tech	25 ppm	8.05

11/24/2003	11-24-6	Mat. Handler	E	Mat. Handler	25 ppm	0.93

11/24/2003	11-24-7	5	E	Op Tech	25 ppm	21.47

11/24/2003	11-24-8	5	E	Op Tech	25 ppm	3.41

 	 	 	 	 	Average	6.01

Results of nPB Air Sampling Building 1 Priming Wing - Area Samples of
Mez Storage

Date Sampled	Sample 	Line	Shift	Job Title	 Limit	TWA (ppm)

11/20/2003	11-20-6	Mez Storage	D	NA	NA	0.98

11/21/2003	11-21-2	Mez Storage	D	NA	NA	1.88

11/24/2003	11-24-9	Mez Storage	E	NA	NA	1.84

 	 	 	 	 	Average	1.57

 PAGE

 PAGE   1


[Federal Register: May 9, 2007 (Volume 72, Number 89)]
[Notices]
[Page 26350]
[DOCID:fr09my07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-410-000]

Discovery Gas Transmission LLC; Notice of Cash-Out Report

May 2, 2007.
    Take notice that on April 27, 2007, Discovery Gas Transmission LLC
(Discovery) tendered for filing its annual cash-out report for the
calendar year ended December 31, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time, May 9, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8842 Filed 5-8-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Page 22357]
[FR Doc No: 2017-09728]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-564, OMB Control No. 3235-0628]

Proposed Collection; Comment Request

    Upon Written Request, Copies Available From: Securities and
Exchange Commission, Office of FOIA Services, 100 F Street NE.,
Washington, DC 20549-0213.

Extension:
    Rule 17g-2.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17g-2 (17 CFR 240.17g-2)
under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
(``Exchange Act''). The Commission plans to submit this existing
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    Rule 17g-2, ``Records to be made and retained by nationally
recognized statistical rating organizations,'' implements the
Commission's recordkeeping rulemaking authority under Section 17(a) of
the Exchange Act.\1\ The rule requires a Nationally Recognized
Statistical Rating Organization (``NRSRO'') to make and retain certain
records relating to its business and to retain certain other business
records, if such records are made. The rule also prescribes the time
periods and manner in which all these records must be retained. There
are 10 credit rating agencies registered with the Commission as NRSROs
under section 15E of the Exchange Act, which have already established
the record keeping policies and procedures required by Rule 17g-2.
Based on staff experience, NRSROs are estimated to spend a total
industry-wide burden of 2,390 annual hours to make and retain the
appropriate records. Written comments are invited on: (a) Whether the
proposed collection of information is necessary for the proper
performance of the functions of the Commission, including whether the
information shall have practical utility; (b) the accuracy of the
Commission's estimates of the burden of the proposed collection of
information; (c) ways to enhance the quality, utility, and clarity of
the information on respondents; and (d) ways to minimize the burden of
the collection of information on respondents, including through the use
of automated collection techniques or other forms of information
technology. Consideration will be given to comments and suggestions
submitted in writing within 60 days of this publication.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78q.
---------------------------------------------------------------------------

    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F St. NE., Washington, DC 20549 or send an email to:
<EMAIL_ADDRESS>
    Dated: May 10, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09728 Filed 5-12-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Proposed Rules]
[Pages 69172-69173]
[FR Doc No: 2015-28358]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2015-0681; FRL-9936-01-Region 10]

Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; Idaho; Reclassification as
Serious Nonattainment for the 2006 Fine Particulate Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
reclassify to Serious the Franklin County, Idaho portion of the multi-
state Logan, Utah/Franklin county, Idaho nonattainment area (Logan UT/
ID area) for the 2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality Standards (NAAQS). Our
proposal is based on the EPA's determination that the Logan, UT/ID area
cannot practicably attain the 2006 PM2.5 NAAQS by the
applicable Moderate area attainment date of December 31, 2015. Should
the EPA finalize reclassification of the area to Serious, Idaho will be
required to submit an updated emissions inventory, Best Available
Control Measures (BACM)/Best Available Control Technology (BACT), and
revisions to its Nonattainment New Source Review (NNSR) program within
18 months. The attainment demonstration and the remaining Serious area
nonattainment plan elements will be due no later than three years after
the effective date of the final action or December 31, 2018, whichever
is earlier. Upon reclassification as Serious, the Logan, UT/ID
PM2.5 nonattainment area will be required to attain the
standard as expeditiously as practicable, but no later than December
31, 2019.

DATES: Comments must be received on or before December 9, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2015-0681, by any of the following methods:
    A. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    B. Mail: Jeff Hunt, EPA Region 10, Office of Air, Waste and Toxics
(AWT-150), 1200 Sixth Avenue, Suite 900, Seattle WA, 98101
    C. Email<EMAIL_ADDRESS>    D. Hand Delivery: EPA Region 10 Mailroom, 9th Floor, 1200 Sixth
Avenue, Suite 900, Seattle WA, 98101. Attention: Jeff Hunt, Office of
Air, Waste and Toxics, AWT--150. Such deliveries are only accepted
during normal hours of operation, and special arrangements should be
made for deliveries of boxed information
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2015-0681. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy during normal business hours at the
Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue,
Seattle WA, 98101.

FOR FURTHER INFORMATION CONTACT: Jeff Hunt at<PHONE_NUMBER>,
<EMAIL_ADDRESS>or by using the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'' or ``our'' are used, it is intended to refer to the EPA.

I. Background

    Under 40 CFR 51.1000, the EPA defines the PM2.5 design
value, the metric used for determining compliance with the 2006 24-hour
PM2.5 NAAQS, as the highest three-year average of annual
98th percentile concentrations calculated for any ambient air quality
monitor in a nonattainment area. In the case of the multi-state Logan
UT/ID area, the air quality monitor with the highest design value is
the Logan, Utah monitor (Air Quality System ID number 490050004) with a
2012-2014 design value of 45 micrograms per cubic meter ([micro]g/
m\3\). In a companion proposal for the Utah portion of the Logan UT/ID
nonattainment area (docket number EPA-R08-OAR-2015-0342), EPA Region 8
shows that it is impracticable for the Logan UT/ID area to attain the
2006 24-hour NAAQS by the end of 2015. Under CAA section 188, any
reclassification of a Moderate PM2.5 nonattainment area to
Serious applies to the entire nonattainment area, with no option for a
partial reclassification based on political jurisdiction or state
boundaries. Therefore, EPA Region 10 is proposing to reclassify the
Franklin County, Idaho portion of the area to Serious at the same time
that the EPA is proposing to reclassify the Logan, UT portion of the
area to Serious.
    The EPA Region 8 proposal also explains the conditions under which
the EPA may grant a series of two one-year extensions of the Moderate
area attainment date in accordance with CAA section 188(d). If Utah and
Idaho request an extension of the Moderate area attainment date for the
Logan, UT/ID area before the EPA finalizes this discretionary
reclassification, the EPA may decide not to finalize this proposed
reclassification. If the EPA then acts on the States' extension
request, the EPA will do so through a separate notice-and-comment
rulemaking. In this proposed reclassification, we are neither proposing
nor requesting comment on a potential extension.

II. Proposed Action

    Pursuant to CAA section 188(b)(1), the EPA is proposing to
reclassify the Franklin County portion of the Logan, UT/ID area as a
Serious nonattainment area for the 2006 PM2.5 NAAQS based on
the Agency's determination that the area cannot practicably attain by
the Moderate area attainment date of December 31, 2015. Consistent with
the EPA Region 8 companion proposal

under docket number EPA-R08-OAR-2015-0342 for the Logan, Utah portion
of the area, upon final reclassification as a Serious nonattainment
area, Idaho will be required to submit, within 18 months after the
effective date of reclassification, an updated emissions inventory,
BACM/BACT for emissions sources in the area, and revisions to its NNSR
program. The attainment demonstration and the remaining Serious area
nonattainment plan elements will be due no later than three years after
the effective date of the final action, or December 31, 2018, whichever
is earlier. Upon reclassification as Serious, the Logan UT/ID area will
be required to attain the standard as expeditiously as practicable, but
no later than December 31, 2019.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to the requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this action does not involve technical standards; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it will not impose substantial direct costs on tribal
governments or preempt tribal law. The SIP is not approved to apply in
Indian reservations in the state or any other area where the EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 7, 2015.
Dennis J. McLerran,
Regional Administrator, Region 10.
[FR Doc. 2015-28358 Filed 11-6-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Proposed Rules]
[Pages 55134-55135]
[FR Doc No: 2018-24129]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

RIN 2120-AK39

Notification of Public Meetings on Requirement for Helicopters To
Use the New York North Shore Helicopter Route

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notification of public meetings.

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

SUMMARY: The FAA announces three public meetings to solicit feedback
concerning the New York North Shore Helicopter Rule (``the Rule'').
These meetings are being held pursuant to Section 182 of the FAA
Reauthorization Act of 2018. The Rule requires civil helicopter pilots
operating under Visual Flight Rules (VFR), whose route of flight takes
them over the north shore of Long Island between the Visual Point Lloyd
Harbor (VPLYD) waypoint and Orient Point (VPOLT), to use the North
Shore Helicopter Route.

DATES: The public meetings will be held on November 13, November 14,
and November 15, 2018.

ADDRESSES: The public meetings will be held at the following sites:
    November 13, 2018, 7-9 p.m.--Cradle of Aviation Museum, Charles
Lindbergh Blvd., Garden City, NY 11530.
    November 14, 2018, 7-9 p.m.--Riverhead Middle School, 600 Harrison
Avenue, Riverhead, NY 11901.
    November 15, 2018, 7-9 p.m.--Vaughn College, 8601 23rd Ave,
Flushing, NY 11369.

FOR FURTHER INFORMATION CONTACT: Christopher Bailey, Office of
Rulemaking, Federal Aviation Administration; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Purpose of the Public Meetings

    The purpose of the public meetings is for the FAA to obtain
feedback relevant to the Rule at subpart H of part 93, which requires
civil helicopter pilots operating under VFR, whose route of flight
takes them over the north shore of Long Island between the VPLYD
waypoint and VPOLT, to use the North Shore Helicopter Route. The FAA
will consider comments made at the public meetings in its review of the
Rule.

Public Participation and Meeting Procedures

    The meetings will use a workshop format. FAA will have several
stations covering a number of relevant aspects of the Rule. Each
station will be staffed by a representative of the FAA who is able to
answer questions regarding that subject. There will also be a station
where the public can submit a written statement or have their oral
comment transcribed. No formal presentations will be made.
    Section 182 of the FAA Reauthorization Act of 2018 also calls for a
written comment period on the North Shore Helicopter Rule. See the
document published elsewhere in this issue of the Federal Register,
titled Request for Comments on Requirement for Helicopters to Use the
New York North Shore Helicopter Route, under docket number FAA-2018-
0954, for information regarding submitting written comments on the Rule
to the Federal Register.
    Sign and oral interpretation can be made available at the meeting,
as well

as an assistive listening device, if requested 10 calendar days before
the meeting. The meetings will be open to all persons on a space-
available basis. There will be no admission fee or other charge to
attend and participate.

    Issued in Washington, DC, on October 30, 2018.
Brandon Roberts,
Deputy Executive Director, Office of Rulemaking.
[FR Doc. 2018-24129 Filed 11-1-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: September 29, 2009 (Volume 74, Number 187)]
[Notices]
[Page 49872-49873]
[DOCID:fr29se09-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI09-14-000]

Hawken LLC; Notice of Declaration of Intention and Soliciting
Comments, Protests, and/or Motions To Intervene

September 22, 2009.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention.
    b. Docket No: DI09-14-000.
    c. Date Filed: September 11, 2009.
    d. Applicant: Hawken LLC.
    e. Name of Project: Baranof Chinook Hydroelectric Project.
    f. Location: The proposed Baranof Chinook Hydroelectric Project
will be located on Baranof Lake and Baranof River, on Baranof Island,
Sitka Borough, near Baranof, Alaska, affecting T. 55 S, R. 66 E, sec.
24, and T. 55 S, R. 67 E, sec. 19, Copper River Meridian.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. 817(b).
    h. Applicant Contact: Dale Young, 9720 Trappers Lane, Juneau, AK
99801; telephone:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    i. FERC Contact: Any questions on this notice should be addressed
to Henry Ecton,<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>    j. Deadline for filing comments, protests, and/or motions: October
22, 2009.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments, protests, and/or interventions may be
filed electronically via the Internet in lieu of paper. Any questions,
please contact the Secretary's Office. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site at http://
www.ferc.gov under the ``e-Filing link.
    Please include the docket number (DI09-14-000) on any comments,
protests, and/or motions filed.
    k. Description of Project: The proposed Baranof Chinook Hydropower
Project is part of a proposed three-phase project to build and operate
a salmon research enhancement and rehabilitation facility. There are no
proposed dams for this project, because Baranof Lake is a natural lake.
Phase One will involve the construction of multiple intakes and
penstocks, designed to withdraw water from separate locations on
Baranof Lake. Phase Two will use the water from the penstocks to supply
a bank of 14 Cornel Pump Turbines with a combined output of 600 kW.
Phase Three will either use a bank of 28 Cornell Pump Turbines with a
combined output of 1200 kW, or a pair of Francis turbines with an
output between 900 kW and 1680 kW. The purpose of the project is to
supply energy for the salmon facility and associated support
infrastructure. The proposed project will not be connected to an
interstate grid, and will not occupy federal lands.
    When a Declaration of Intention is filed with the Federal Energy
Regulatory Commission, the Federal Power Act requires the Commission to
investigate and determine if the interests of interstate or foreign
commerce would be affected by the project. The Commission also
determines whether or not the project: (1) Would be located on a
navigable waterway; (2) would occupy or affect public lands or
reservations of the United States; (3) would utilize

surplus water or water power from a government dam; or (4) if
applicable, has involved or would involve any construction subsequent
to 1935 that may have increased or would increase the project's head or
generating capacity, or have otherwise significantly modified the
project's pre-1935 design or operation.
    l. Locations of the Application: Copies of this filing are on file
with the Commission and are available for public inspection. This
filing may be viewed on the Web at http://www.ferc.gov using the
``eLibrary'' link, select ``Docket'' and follow the
instructions. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', AND/
OR ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of
the particular application to which the filing refers. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-23403 Filed 9-28-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)]
[Rules and Regulations]
[Pages 11304-11307]
[FR Doc No: 2017-03260]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9305; Directorate Identifier 2016-NM-073-AD;
Amendment 39-18804; AD 2017-04-09]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2012-22-12 for
all Airbus Model A330-243, -243F, -341, -342, and -343 airplanes. AD
2012-22-12 required inspecting piccolo tubes and mount links, the aft
side of the forward bulkhead, and outer boundary angles (OBAs); and
doing corrective actions if necessary. This new AD retains certain
requirements of AD 2012-22-12, and adds inspections of certain areas of
the forward bulkhead, and related investigative and corrective actions
if necessary. This AD was prompted by reports of cracking of air intake
cowls, worn and detached attachment links, fractured thermal anti-ice
(TAI) piccolo tubes, and loose or missing attachment rivets of the
inner boundary angles (IBAs) and OBAs of the forward bulkhead. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 29, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 29,
2017.

ADDRESSES: For Airbus service information identified in this final
rule, contact Airbus SAS--Airworthiness Office--EAL, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36
96; fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    For Rolls-Royce service information identified in this final rule,
contact Rolls-Royce Plc, Technical Publications, P.O. Box 31, Derby,
DE24 8BJ, United Kingdom; telephone 44 (0) 1332 245882; fax 44 (0) 1332
249936; Internet http://www.Rolls-Royce.com.
    You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9305.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9305; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2012-22-12, Amendment 39-17248 (77 FR 67263,
November 9, 2012) (``AD 2012-22-12''). AD 2012-22-12 applied to all
Airbus Model A330-243, -243F, -341, -342, and -343 airplanes. The NPRM
published in the Federal Register on November 7, 2016 (81 FR 78085).
The NPRM was prompted by reports of cracking of air intake cowls on
Rolls-Royce Trent engines, worn and detached attachment links,
fractured TAI piccolo tubes, and loose or missing attachment rivets of
the IBAs and the OBAs of the forward bulkhead. The NPRM proposed to
retain certain requirements of AD 2012-22-12, and add repetitive
inspections for pulled, loose, and missing attachment rivets of the
IBAs and OBAs of the forward bulkhead, and related investigative and
corrective actions if necessary. We are issuing this AD to detect and
correct degraded structural integrity of the engine nose cowl, which in
the case of forward bulkhead damage in conjunction with a broken
piccolo tube, could lead to damage to the engine and operation in icing
conditions with reduced TAI performance.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive, 2016-0086R1, dated May 13, 2016 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model 330-
243, -243F, -341, -342, and -343 airplanes. The MCAI states:

    During shop visit, cracks were found in several primary
structural parts of Rolls Royce (RR) Trent 700 engine air intake
cowls, specifically in the forward bulkhead web, web stiffeners and
outer boundary angles (OBA). In addition, several attachment links
were found severely worn, and some became detached. In two cases,
the thermal anti-ice (TAI) piccolo tube was found fractured.
Investigation results show that the cracks are most likely due to
acoustic excitation and vibration.
    A broken piccolo tube, if not detected and corrected, in
conjunction with forward air intake cowl bulkhead damage, could lead
to in-flight detachment of the outer barrel, possibly resulting in
damage to the engine or reduced control of the aeroplane.
    To address this potential unsafe condition, Airbus issued
Service Bulletin (SB) A330-71-3025, making reference to RR SB
RB.211-71-AG416, to provide inspection instructions, and, depending
on findings, accomplishment of applicable corrective action(s).
    Consequently, EASA issued AD 2011-0062 [which corresponds to FAA
AD 2012-22-12] to require repetitive special detailed inspections
(SDI) [borescope] of the piccolo tube and affected mount links, the
aft side of forward bulkhead, inner boundary angles (IBA) and OBA of
the RR Trent 700 air intake cowl assemblies, and, depending on
findings, accomplishment of applicable corrective action(s).
    Since EASA AD 2011-0062 was issued, some occurrences were
reported of finding attachment rivets of the IBA and OBA either
pulled, loose, or missing during inspection. It was determined that
the affected IBA and OBA rivets may not have been previously
inspected if operators accomplished the required inspection in
accordance with the instructions of RR SB RB.211-71-AG416 at
original issue.
    To address this potentially missed inspection, Airbus published
SB A330-71-3033, providing instructions for a one-time detailed
inspection of the IBA and OBA attachment rivets, to be accomplished
if the previous inspection was accomplished using the instructions
of RR SB RB.211-71-AG416 at original issue. Airbus also published SB
A330-71-3025 Revision 2, adding an inspection of the IBA and OBA
attachment

rivets, to be used if the previous inspection was accomplished using
RR SB RB.211-71-AG416 at issue 1 or later. Airbus also published SB
A330-71-3032 to introduce a modification (mod) that would eliminate
the need for repetitive inspections.
    For the reasons described above, this [EASA] AD partially
retains the requirements of EASA AD 2011-0062, which is superseded,
and requires an additional [special] detailed inspection [borescope]
of IBA and OBA forward bulkhead attachment rivets. This [EASA] AD
also introduces an optional terminating action (Airbus mod 204615,
embodied in production, which can be embodied in service with Airbus
SB A330-71-3032) for the repetitive inspections required by this
[EASA] AD.
    This [EASA] AD is revised to improve clarity, including Airbus
and RR SB references and inserting Notes to identify the Part
Numbers (P/N) of the affected engine air intake nose cowl
assemblies.

    Related investigative actions include inspecting for cracked or
fractured piccolo tubes and for broken piccolo tube links. Corrective
actions include replacing the engine air intake cowl assembly and
repair of pulled, loose, or missing rivets.
    The compliance times for the related investigative and corrective
actions range from before further flight to within 100 flight cycles,
depending on the findings of the inspections.
    The repetitive inspection interval for the IBAs, OBAs, and forward
bulkhead varies depending on inspection findings, and ranges between
200 and 5,000 flight cycles. The repetitive inspection interval for the
piccolo tubes and links is 2,500 flight cycles.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9305.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A330-71-3025, Revision 02, dated
December 9, 2015. This service information describes procedures for
inspections of the piccolo tube and mount links, the aft side of the
forward bulkhead, the IBAs, OBAs, and the forward bulkhead on the
engine air intake cowl assemblies; and related investigative and
corrective actions.
    Airbus also has issued Service Bulletin A330-71-3032, dated
December 10, 2014. This service information describes procedures for a
modification that improves the air intake primary structure and adds a
new piccolo tube supporting structure on the engine air intake cowl
assemblies.
    In addition, Airbus has issued Service Bulletin A330-71-3033, dated
December 14, 2015. This service information describes procedures for an
inspection for pulled, loose, and missing attachment rivets of the IBAs
and OBAs of the forward bulkhead, and corrective actions.
    Rolls-Royce has issued Service Bulletin RB.211-71-H205, dated July
7, 2014. This service information describes procedures for modifying
the nose cowl assembly acoustic panels.
    Rolls-Royce also has issued Service Bulletin RB.211-71-H847, dated
December 2, 2014. This service information describes procedures for
modifying the air intake nose cowl assembly, forward bulkhead assembly,
TAI spray ring, and the TAI spray ring supporting hardware.
    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.

Costs of Compliance

    We estimate that this AD affects 47 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost           Parts cost     Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Inspections (new action).......  12 work-hours x $85 per              $0   $1,020 per          $47,940 per
                                  hour = $1,020 per                         inspection cycle.   inspection
                                  inspection cycle.                                             cycle.
----------------------------------------------------------------------------------------------------------------

                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
                Action                            Labor cost              Parts cost        Cost per  product
----------------------------------------------------------------------------------------------------------------
Modification..........................  Up to 142 work-hours x $85 per           \[1]\  Up to $12,070.
                                         hour = $12,070.
----------------------------------------------------------------------------------------------------------------
\[1]\ We have received no definitive data that will enable us to provide material cost estimates for the
  optional actions specified in this AD.

    We estimate the following costs to do any necessary repairs that
will be required based on the results of the inspection. We have no way
of determining the number of aircraft that might need these repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Repairs....................................  16 work-hours x $85 per hour =               \[2]\          $1,360
                                              $1,360.
----------------------------------------------------------------------------------------------------------------
\[2]\ We have received no definitive data that will enable us to provide material cost estimates for the on-
  condition actions specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of 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 removing Airworthiness Directive (AD)
2012-22-12, Amendment 39-17248 (77 FR 67263, November 9, 2012), and
adding the following new AD:

2017-04-09 Airbus: Amendment 39-18804; Docket No. FAA-2016-9305;
Directorate Identifier 2016-NM-073-AD.

(a) Effective Date

    This AD is effective March 29, 2017.

(b) Affected ADs

    This AD replaces AD 2012-22-12, Amendment 39-17248 (77 FR 67263,
November 9, 2012) (``AD 2012-22-12'').

(c) Applicability

    This AD applies to Airbus Model A330-243, -243F, -341, -342, and
-343 airplanes, certificated in any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by reports of cracking of air intake cowls
on Rolls-Royce Trent engines, worn and detached attachment links,
and fractured thermal anti-ice (TAI) piccolo tubes, and loose, or
missing attachment rivets of the inner boundary angles (IBAs) and
the outer boundary angles (OBAs) of the forward bulkhead. We are
issuing this AD to detect and correct degraded structural integrity
of the engine nose cowl, which in the case of forward bulkhead
damage in conjunction with a broken piccolo tube, could lead to
damage to the engine and operation in icing conditions with reduced
TAI performance.

(f) Compliance

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

(g) Affected Engine Air Intake Nose Cowl Assemblies

    The engine air intake nose cowl assemblies affected by this AD
have part numbers (P/N) SJ30020, P/N SJ30361, P/N SJ30687, P/N
SJ30810, and P/N SJ30811, as specified in Rolls-Royce Service
Bulletin RB.211-71-H205, dated July 7, 2014.
    (1) The engine air intake nose cowl assemblies having P/N
SJ30020, P/N SJ30361, and P/N SJ30687 can be modified (reworked and
re-identified as P/N SJ30810 (for P/N SJ30020 and P/N SJ30361) and
P/N SJ30811 (for P/N SJ30687)), as specified in Rolls-Royce Service
Bulletin RB.211-71-H205, dated July 7, 2014.
    (2) The engine air intake nose cowl assemblies having P/N
SJ30810 and P/N SJ30811 can be modified (reworked and re-identified
as P/N SJ30820 and P/N SJ30821, respectively), as specified in
Rolls-Royce Service Bulletin RB.211-71-H847, dated December 2, 2014.

(h) Inspections, Related Investigative Actions, and Corrective Actions

    For airplanes in pre-Airbus Modification 204615 and pre-Airbus
Service Bulletin A330-71-3032 configuration: At the applicable times
specified in paragraph (h)(1) or (h)(2) of this AD, do a special
detailed inspection of the piccolo tube and affected mount links,
the aft side of the forward bulkhead, and the IBAs and OBAs of the
affected engine air intake cowl assemblies specified in paragraph
(g) of this AD; and do all applicable related investigative and
corrective actions; in accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330-71-3025, Revision 02,
dated December 9, 2015, except as required by paragraph (i) of this
AD. Do all applicable related investigative and corrective actions
at the applicable time specified in paragraph 1.E., ``Compliance,''
of Airbus Service Bulletin A330-71-3025, Revision 02, dated December
9, 2015. Repeat the inspections of the piccolo tube and affected
mount links, the aft side of the forward bulkhead, and the IBAs and
OBAs of the engine air intake cowl assemblies thereafter at the
applicable intervals specified in paragraph 1.E., ``Compliance,'' of
Airbus Service Bulletin A330-71-3025, Revision 02, dated December 9,
2015. Accomplishment of corrective actions does not constitute
terminating action for the repetitive inspections required by this
paragraph.
    (1) For any engine air intake cowl assembly that has accumulated
fewer than 5,000 flight cycles since its first installation on an
airplane as of the effective date of this AD: Inspect within 24
months after the engine air intake cowl assembly has accumulated
5,000 total flight cycles.
    (2) For any engine air intake cowl assembly that has accumulated
5,000 or more flight cycles since its first installation on an
airplane as of the effective date of this AD: Inspect within 24
months after the effective date of this AD.

(i) Service Information Exception

    Where Airbus Service Bulletin A330-71-3025, Revision 02, dated
December 9, 2015, specifies to contact Bombardier Aerospace--Shorts
for instructions, before further flight, repair using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA); or Airbus's EASA Design Organization Approval (DOA).

(j) Optional Terminating Action

    Modification of an airplane in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A330-71-3032,
dated December 10, 2014, constitutes terminating action for the
repetitive inspections required by paragraph (h) of this AD for the
modified airplane only.

(k) Parts Installation Limitation

    As of the effective date of this AD, any pre-Airbus Modification
204615 part may be installed on any airplane provided that, at the
earlier of the applicable times specified in paragraphs (h)(1) and
(h)(2) of this AD following installation, the actions required by

paragraph (h) of this AD have been accomplished on the pre-Airbus
Modification 204615 part.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(h) of this AD, if those actions were performed before the effective
date of this AD using Airbus Service Bulletin A330-71-3025, dated
January 10, 2011, which was incorporated by reference in AD 2012-22-
12; or Airbus Service Bulletin A330-71-3025, Revision 01, dated
October 24, 2012, which is not incorporated by reference in this AD;
provided that, within 1,050 flight cycles after the effective date
of this AD, a special detailed inspection for pulled, loose, and
missing attachment rivets of the IBAs and OBAs of the forward
bulkhead is accomplished; and all applicable corrective actions are
done; in accordance with the Accomplishment Instructions of Airbus
Service Bulletin A330-71-3033, dated December 14, 2015. Do all
applicable corrective actions before further flight. Accomplishment
of corrective actions does not constitute terminating action for the
repetitive inspections required by paragraph (h) of this AD.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to ATTN: Vladimir
Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>    (i) 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.
    (ii) AMOCs approved previously for AD 2012-22-12 are not
approved as AMOCs with this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA; or Airbus's EASA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0086R1, dated May 13, 2016, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2016-9305.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(3) and (o)(5) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A330-71-3025, Revision 02, dated
December 9, 2015.
    (ii) Airbus Service Bulletin A330-71-3032, dated December 10,
2014.
    (iii) Airbus Service Bulletin A330-71-3033, dated December 14,
2015.
    (iv) Rolls-Royce Service Bulletin RB.211-71-H205, dated July 7,
2014.
    (v) Rolls-Royce Service Bulletin RB.211-71-H847, dated December
2, 2014.
    (3) For Airbus service information identified in this AD,
contact Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) For Rolls-Royce service information identified in this AD,
contact Rolls-Royce Plc, Technical Publications, P.O. Box 31, Derby,
DE24 8BJ, United Kingdom; telephone 44 (0) 1332 245882; fax 44 (0)
1332 249936; Internet http://www.Rolls-Royce.com.
    (5) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (6) 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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 3, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-03260 Filed 2-21-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Proposed Rules]
[Pages 4712-4713]
[FR Doc No: 2012-2050]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-1103; Airspace Docket No. 11-ACE-14]

Proposed Establishment of Class E Airspace; Pender, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace at Pender,
NE. Controlled airspace is necessary to accommodate new Standard
Instrument Approach Procedures (SIAP) at Pender Municipal Airport. The
FAA is taking this action to enhance the safety and management of
Instrument Flight Rules (IFR) operations for SIAPs at the airport.

DATES: 0901 UTC. Comments must be received on or before March 16, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2011-1103/Airspace Docket No. 11-
ACE-14, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,

Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2011-1103/
Airspace Docket No. 11-ACE-14.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by establishing Class E airspace extending upward
from 700 feet above the surface for new standard instrument approach
procedures at Pender Municipal Airport, Pender, NE. Controlled airspace
is needed for the safety and management of IFR operations at the
airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9V, dated August 9, 2011 and effective September 15, 2011, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at Pender Municipal Airport,
Pender, NE.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9V, Airspace Designations and Reporting Points, dated August 9,
2011, and effective September 15, 2011, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ACE NE E5 Pender, NE [New]

Pender Municipal Airport, NE
    (Lat. 42[deg]06'48'' N., long. 96[deg]43'40'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Pender Municipal Airport.

    Issued in Fort Worth, TX, on January 19, 2012.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2012-2050 Filed 1-30-12; 8:45 am]
BILLING CODE 4901-13-P


[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4333-4336]
[FR Doc No: 2019-02465]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1011]
RIN 1625-AA00

Safety Zone for Fireworks Displays; Upper Potomac River,
Washington Channel, DC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Upper Potomac River. This action is necessary to
provide for the safety of life on these navigable waters of the
Washington Channel adjacent to The Wharf DC, Washington, DC, for
recurring fireworks displays from January 12, 2019, through December
31, 2019. This regulation prohibits persons and vessels from entering
the safety zone unless authorized by the Captain of the Port

Maryland-National Capital Region or a designated representative.

DATES: This deviation is effective without actual notice from February
15, 2019 through December 31, 2019. For the purposes of enforcement,
actual notice will be used from January 12, 2019, until February 15,
2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1011 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Mr. Ron Houck, Sector Maryland-National Capital Region
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On October 30, 2018, Pyrotecnico, Inc., of New Castle, PA, notified
the Coast Guard that it will be conducting fireworks displays,
sponsored by The Wharf DC, from 7 p.m. to 11:59 p.m. for various events
from January 12, 2019, through December 31, 2019. The fireworks are to
be launched from a barge in the Washington Channel, adjacent to The
Wharf DC in Washington, DC. In response, on November 14, 2018, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Safety Zone for Fireworks Displays; Upper Potomac River, Washington
Channel, DC'' (83 FR 56768). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended December 14,
2018, we received 29 comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the potential safety
hazards associated with a fireworks display in this location.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) Maryland-NCR has determined that
potential hazards associated with the fireworks to be used in these
displays will be a safety concern for anyone within a 200-foot radius
of the fireworks barge. This rule is needed to ensure safety of vessels
on the navigable waters within 200 feet of the fireworks barge on the
Washington Channel before, during, and after the scheduled events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 29 public submissions to the docket
responding to our NPRM published November 14, 2018. We thank all of the
commenters for taking time to review the NPRM and submit comments
regarding this action.
    The majority of commenters expressed support for the rule but there
were four issues presented.
    The size of the safety zone is not effective and should be
increased for public safety purposes.
    The minimum safe distance from the fireworks barge used by the
Coast Guard to determine the size of the safety zone is based on
industry standards for outdoor aerial fireworks set by the National
Fire Protection Association (NFPA). The NFPA standard for this
fireworks display is 140 feet from the discharge site. At the request
of the contracted fireworks company, Pyrotecnico, the Coast Guard is
using 200 feet for the size of its safety zone, which is an increase of
approximately 40 percent above the safe distance set by the NFPA.
    The duration of the enforcement of the zone, from 7 p.m. until
11:59 p.m., is excessive and doesn't agree with the duration of a
typical fireworks show.
    Although these fireworks shows are typically of short duration, not
all of these fireworks displays will be scheduled to occur at the same
time of the evening throughout the year. The actual enforcement period
used for each of these fireworks events is expected to be two hours. In
developing the length of the safety zone enforcement period of five
hours, the Coast Guard has taken care to avoid imposing restrictions on
waterway usage longer than what is justified to ensure the safety of
the public.
    A barrier or sign, and other methods of notice, should be used to
separate the zone from the rest of the waterway and its users.
    The following forms of notice will be provided for each fireworks
display. The fireworks barge that operates within the safety zone will
have a sign affixed to the port and starboard side of the barge labeled
``FIREWORKS--DANGER--STAY AWAY'' to provide on-scene notice that the
safety zone will be enforced on that day. Patrol vessels assigned by
the COTP Maryland-National Capital Region will be present to monitor
the fireworks display and enforce the safety zone. In addition, the
COTP Maryland-National Capital Region will notify the public of the
specific enforcement times of the safety zone by all appropriate means
to affect the widest publicity among the affected segments of the
public, including publishing a Notice of Enforcement in the Federal
Register and an article in the Local Notice to Mariners. Broadcast
Notice to Mariners will also be made for each of these events, to begin
prior to that start of the scheduled event, and to continue to notify
the public, until immediately after its completion.
    Waterway users must be notified with ample time so that they have
the ability to obtain the authorization required to transit the area of
the safety zone.
    Since the forms of notice stated previously will be provided in
advance of each fireworks display, waterway users will have the time
needed to request authorization to transit the area of the safety zone
and make appropriate voyage plans.
    There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
    This rule establishes a temporary safety zone in the Washington
Channel from January 12, 2019, through December 31, 2019. The safety
zone will cover all navigable waters of the Washington Channel within
200 feet of the fireworks barge. For each event, the barge will be
located within an area bounded on the south by latitude 38[deg]52'30''
W, and bounded on the north by the southern extent of the Francis Case
(I-395) Memorial Bridge, located at Washington, DC. The safety zone
will be enforced from 7 p.m. until 11:59 p.m. for each fireworks
display scheduled from January 12, 2019, through December 31, 2019. The
duration of the safety zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the scheduled
fireworks display. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking.

Below we summarize our analyses based on a number of these statutes and
Executive orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
duration, and time-of-day of the safety zone. Although vessel traffic
will not be able to safely transit around this safety zone when being
enforced, the impact would be for less than 5 hours during the evening
when vessel traffic in Washington Channel is normally low. Moreover,
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone that will be in effect for the entire year, however, when
activated, lasting less than 5 hours that prohibits entry within a
portion of the Washington Channel. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

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; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; and; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T05-1011 to read as follows:

Sec.  165.T05-1011  Safety Zone for Fireworks Displays; Upper Potomac
River, Washington Channel, Washington, DC.

    (a) Location. The following area is a safety zone: All navigable
waters of the

Washington Channel within 200 feet of the fireworks barge located
within an area bounded on the south by latitude 38[deg]52'30'' W, and
bounded on the north by the southern extent of the Francis Case (I-395)
Memorial Bridge, located at Washington, DC. All coordinates refer to
datum NAD 1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port (COTP) means the Commander, U.S. Coast
Guard Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's
designated representative by telephone at<PHONE_NUMBER> or on Marine
Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio VHF-FM
channel 16 (156.8 MHz).
    (3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement. This safety zone will be enforced January 12,
2019, through December 31, 2019, from 7 p.m. to 11:59 p.m. each day
that a barge with a ``FIREWORKS--DANGER--STAY AWAY'' sign on the port
and starboard sides is on-scene or a ``FIREWORKS--DANGER--STAY AWAY''
sign is posted on land adjacent to the shoreline, near the location
described in paragraph (a) of this section. The enforcement times of
this section are subject to change, but the duration of each
enforcement of the zone is expected to be 5 hours or less. Prior to
enforcement, the COTP will provide notice by publishing a Notice of
Enforcement in the Federal Register, as well as issuing a Broadcast
Notice to Mariners.

    Dated: February 11, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-02465 Filed 2-14-19; 8:45 am]
BILLING CODE 9110-04-P