[Federal Register: March 31, 2006 (Volume 71, Number 62)]
[Notices]
[Page 16299-16300]
[DOCID:fr31mr06-59]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EC06-94-000, et al.]

Crescent Ridge LLC et al.; Electric Rate and Corporate Filings

March 24, 2006.
    The following filings have been made with the Commission. The
filings are listed in ascending order within each docket
classification.

1. Crescent Ridge LLC, Eurus Wind Partner 2003 LLC, Eurus Wind Member
2003 Inc., Crescent Ridge Holdings LLC

[Docket No. EC06-94-000]

    Take notice that on March 16, 2006, Crescent Ridge LLC (Crescent
Ridge), Eurus Wind Partner 2003 LLC, a Delaware limited liability
company (f/k/a TPC Crescent Ridge LLC) (Eurus Partner), Eurus Wind
Member 2003 Inc., a Delaware corporation and Crescent Ridge Holdings
LLC, a Delaware limited liability company (collectively, Applicants)
filed with the Commission an application seeking authorization pursuant
to section 203 of the Federal Power Act in connection with the sale of
Crescent Ridge to Crescent Ridge Holdings.
    Comment Date: 5 p.m. eastern time on April 6, 2006.

2. FR Ingenco Acquisition, LLC; Industrial Power Generation Corporation

[Docket No. EC06-95-000]

    Take notice that on March 17, 2006, FR Ingenco Acquisition, LLC and
Industrial Power Generation Corporation (collectively, Applicants)
submitted an application pursuant to section 203 of the Federal Power
Act for authorization of the transfer of jurisdictional facilities
resulting from the merger transaction under which Ingenco will merge
with and into FR Acquisition with FR Acquisition as the surviving
entity. The application contains a request for privileged treatment of
the merger agreement governing the transaction and other confidential
agreements that will be transferred as part of the transaction.
    Comment Date: 5 p.m. eastern time on April 7, 2006.

3. CalPeak Power--Border LLC, CalPeak Power--El Cajon LLC, CalPeak
Power--Enterprise LLC, CalPeak Power--Panoche LLC, CalPeak Power--Vaca
Dixon LLC, CalPeak Power--Midway LLC, CalPeak Power, LLC, UT California
Power LLC and CP Power, LLC

[Docket No. EC06-96-000]

    Take notice that on March 16, 2006, CalPeak Power--Border LLC,
CalPeak Power--El Cajon LLC, CalPeak Power--Enterprise, LLC, CalPeak
Power--Panoche LLC, CalPeak Power--Vaca Dixon LLC (together CalPeak
Entities), CalPeak Power--Midway LLC (Midway), UT California Power LLC
(UT California), CalPeak Power, LLC and CP Power, LLC (CP) filed with
the Federal Energy Regulatory Commission an application pursuant to
section 203 of the Federal Power Act for authorization for the
disposition of jurisdictional facilities in connection with: (i) The
sale by the CalPeak Entities to CP of all of the issued and outstanding
membership interests in the CalPeak Entities, which own electric
generation facilities located in California; and (ii) an internal
corporate restructuring of Midway. Applicants have requested privileged
treatment of portions of the Application.
    Comment Date: 5 p.m. eastern time on April 6, 2006.

4. Rumford Falls Power Company, Rumford Falls Hydro LLC, Rumford Paper
Company

[Docket No. EC06-97-000]

    Take notice that on March 17, 2006, Rumford Falls Power Company,
Rumford Paper Company and Rumford Falls Hydro LLC (collectively,
Applicants) submitted an application pursuant to section 203 of the
Federal Power Act requesting authorization for the sale of the Rumford
Falls Hydroelectric Project from RFPC to Rumford Falls Hydro LLC,
including the transfer of an undivided joint ownership interest in
certain inside-the-fence electric delivery facilities from Rumford
Paper Company to Rumford Falls Hydro LLC. In addition, Rumford Falls
Hydro LLC requested authorization for the future transfer of an
undivided ownership interest in certain inside-the-fence electric
delivery facilities that will be used as temporary interconnection
facilities to Rumford Paper Company once a permanent interconnection
facility becomes operational.
    Comment Date: 5 p.m. eastern time on April 7, 2006.

5. Astoria Energy, LLC; EIF Astoria III, LLC; Sigma AE Investor LLC;
Leonard Riggio

[Docket Nos. EC06-98-000, ER01-3103-011]

    Take notice that on March 14, 2006, Astoria Energy, LLC, EIF and
Astoria III, LLC, (collectively, Applicants); Sigma AE Investor LLC,
and Leonard Riggio (collectively, Sellers) pursuant to section 203 of
the Federal Power Act, request authorization for the sale and transfer
of substantially all of Sellers' indirect interest in Astoria to EIF
Astoria.
    Comment Date: 5 p.m. eastern time on April 6, 2006.

6. Tyr Energy, LLC; Green Country Energy, LLC; Lincoln Generating
Facility, LLC and Tor Power, LLC

[Docket No. EC06-99-000]

    Take notice that on March 16, 2006, Tyr Energy, LLC (Tyr), Green
Country Energy, LLC (Green Country), Lincoln Generating Facility, LLC
(Lincoln) and Tor Power, LLC (Tor), (collectively Applicants), filed
with the Federal Energy Regulatory Commission an application pursuant
to section 203 of the Federal Power Act for authorization to engage in
an internal corporate reorganization. Applicants state that the
jurisdictional facilities involved include the generation facilities of
Green Country and Lincoln, Applicants'

market-based rate schedules, the wholesale power sales agreements there
under and those facilities necessary to interconnect with the
transmission grid.
    Comment Date: 5 p.m. eastern time on April 6, 2006.

Standard Paragraph

    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, 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 comment date. On or
before the comment date, it is not necessary to 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>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-4694 Filed 3-30-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Notices]
[Page 72693-72694]
[DOCID:fr21de07-63]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12870-000]

Hydro Green Energy, LLC; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene, Protests, and Comments

December 14, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12870-000.
    c. Date filed: July 24, 2007.
    d. Applicant: Hydro Green Energy, LLC.
    e. Name of Project: ``Alaska 1'' Project.
    f. Location: The project would be located in a section of the Yukon
River in the Southeast Fairbanks Census Area, Alaska. The project uses
no dam or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Mr. Wayne F. Krouse, Hydro Green Energy,
LLC, 5090 Richmond Avenue 390, Houston, TX 77056, and Mr.
James H. Hancock, Jr., Balch & Bingham LLP, 1710 Sixth Avenue North,
Birmingham, Alabama 35203.
    i. FERC Contact: Kelly Houff,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    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 interventions may be
filed electronically via the Internet in lieu of paper; see 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings. Please include the project number (P-12870-000) on
any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project consists of: (1) 5
arrays, each consisting of ten, 100 kilowatt hydrokinetic turbine
units, for a total installed capacity of 5 megawatts, (2) a proposed
transmission line no greater than 2000 feet from the ``node'' array to
the shore, (3) a mooring system which does not require the use of
pilings to permanently attach the units to the bedrock but instead uses
tethers and Danforth type anchors, and (4) appurtenant facilities. The
project would have an average annual generation of 32.873 gigawatt-
hours, which would be sold to a local utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street NE., Room 2A,
Washington DC 20426, or by calling<PHONE_NUMBER>. This filing may also
be viewed on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. 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,
385.211, 385.214. 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.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'',''COMPETING

APPLICATION'' OR ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. A copy of any motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    t. 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. E7-24756 Filed 12-20-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Rules and Regulations]
[Pages 10055-10058]
[FR Doc No: 2013-03296]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 78, No. 30 / Wednesday, February 13, 2013 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2012-0485; Special Conditions No. 23-258A-SC]

Special Conditions: Tamarack Aerospace Group, Cirrus Model SR22;
Active Technology Load Alleviation System (ATLAS)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Amended final special conditions; request for comments.

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

SUMMARY: This action amends special conditions No. 23-258-SC, issued on
July 13, 2012, for the Tamarack Aerospace Group's modification to the
Cirrus Model SR22 airplane. This amendment clarifies the intent of two
requirements: The requirement for reporting of load alleviation system
failures (see paragraph (c) under Loads, Probability of Failure of Load
Alleviation System) and the requirement for consideration of limit
loads with an unannunciated load alleviation system failure (see
paragraph (b) under Factor of Safety, Load Alleviation Systems). This
airplane as modified by Tamarack will have a novel or unusual design
feature(s) associated with Tamarack Aerospace Group's modification. The
design change will install winglets and an Active Technology Load
Alleviation System (ATLAS). The addition of the ATLAS mitigates the
negative effects of the winglets by effectively aerodynamically turning
off the winglet under limit gust and maneuver loads. This is
accomplished by measuring the aircraft loading and moving a small
aileron-like device called a Tamarack Active Control Surface (TACS).
The TACS movement reduces lift at the tip of the wing, resulting in the
wing center of pressure moving inboard, thus reducing bending stresses
along the wing span. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These final special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards. Additionally, this amendment corrects the
issue date of special condition No. 23-258-SC to July 13, 2012.

DATES: This final rule is effective February 13, 2013, and is
applicable beginning February 6, 2013. Comments must be received by
March 15, 2013.

ADDRESSES: Send comments identified by docket number FAA-2012-0485
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery of Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 8 a.m., and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket web
site, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For sections 23.301 through 23.629
(structural requirements), contact Mr. Mike Reyer; telephone (816)-329-
4131. For sections 23.672 through 23.701 (control system requirements),
contact Mr. Ross Schaller; telephone<PHONE_NUMBER>. The address and
facsimile for both Mr. Reyer and Mr. Schaller is: Federal Aviation
Administration, Small Airplane Directorate, Aircraft Certification
Service, 901 Locust, Kansas City, Missouri 64106; facsimile (816) 329-
4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions based on the comments we receive.

Background

    On February 15, 2011, Tamarack Aerospace Group applied for a
supplemental type certificate for installation of winglets and an
Active Technology Load Alleviation System (ATLAS) on the Cirrus Model
SR 22 (serial numbers 0002--2333, 2335--2419, and 2421--2437). The
Cirrus model SR22 is a certified, single reciprocating engine, four-
passenger, composite airplane.
    The installation of winglets, as proposed by Tamarack, increases
aerodynamic efficiency. However, the winglets by themselves also
increase wing static loads and the wing fatigue stress ratio, which
under limit gust and maneuver loads factors may exceed the certificated
wing design limits. The addition of ATLAS mitigates the negative
effects of the winglets by effectively aerodynamically turning off the
winglet at elevated gust and maneuver loads factors.

    The ATLAS functions as a load-relief system. This is accomplished
by measuring aircraft loading via an accelerometer, and by moving a
small aileron-like device called a Tamarack Active Control Surface
(TACS) that reduces lift at the tip of the wing. Because the ATLAS
compensates for the increased wing root bending at elevated load
factors, the overall effect of this modification is that the winglet
can be added to the Cirrus wing without the traditionally required
reinforcement of the existing structure. This is the first application
of an active loads alleviation system on a part 23 aircraft and the
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature.

Type Certification Basis

    Under the provisions of Sec.  21.101, Tamarack Aerospace Group must
show that the Cirrus Model SR22, as changed, continues to meet the
applicable provisions of the regulations incorporated by reference in
Type Certificate Data Sheet A00009CH or the applicable regulations in
effect on the date of application for the change. The regulations
incorporated by reference in the type certificate are commonly referred
to as the ``original type certification basis.'' The regulations
incorporated by reference in Type Certificate Data Sheet A00009CH
(Serial Numbers (S/Ns) 0002 through 2333, 2335 through 2419, and 2421
through 2437) are as follows:
    14 CFR part 23 of the Federal Aviation Regulations, effective
February 1, 1965, as amended by 23-1 through 23-53, except as follows:

14 CFR 23.301 through Amendment 42
14 CFR 23.855, 23.1326, 23.1359 not applicable
14 CFR part 36, dated December 1, 1969, as amended by 36-1 through 36-
22
    Except for:

Increase in amendment level from the Cirrus Model SR22 certification
basis for regulation 14 CFR 23.301 through Amendment 23-42 to: 14 CFR
23.301 through Amendment 23-48.
    Addition of regulation 14 CFR 23.1306 through Amendment 23-61.
    Addition of regulation 14 CFR 23.1308 through Amendment 23-57.
    Change in Cirrus model SR22 certification basis for regulation 14
CFR 23.1359 through Amendment 23-49 from: Not Applicable to: Applicable

Equivalent Level of Safety (ELOS) Findings

    ACE-96-5 for 14 CFR Section 23.221 (Spinning); Refer to FAA
Memorandum, dated June 10, 1998, for models SR20, SR22.
    ACE-00-09 for 14 CFR 23.1143(g) (Engine Controls) and 23.1147(b)
(Mixture Controls); Refer to FAA Memorandum, dated September 11, 2000,
for model SR22.
    ACE-01-01 for 14 CFR 23.1143(g) (Engine Controls) and 23.1147(b)
(Mixture Controls); Refer to FAA Memorandum, dated February 14, 2001,
for model SR20.

Special Conditions

    23-ACE-88 for ballistic parachute, for models SR20, SR22.
    23-134-SC for protection of systems for High Intensity Radiated
Fields continued: (HIRF), for models SR20, SR22.
    23-163-SC for inflatable restraint system. Addition to the
certification basis model SR20 effective S/N 1541 and subsequent; model
SR22 S/N 1500, 1520 and subsequent.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the SR22 because of a novel or unusual
design feature, special conditions are prescribed under the provisions
of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special
conditions, the SR22 must comply with the fuel vent and exhaust
emission requirements of 14 CFR part 34 and the noise certification
requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same or similar novel or unusual design
feature, the special conditions would also apply to the other model
under Sec.  21.101.

Novel or Unusual Design Features

    The SR22 will incorporate the following novel or unusual design
features:
    Winglets with an Active Technology Load Alleviation System (ATLAS)
that incorporates a small aileron-like device called a Tamarack Active
Control Surface (TACS).

Discussion

    Tamarack has applied for a Supplemental Type Certificate to install
a winglet and ATLAS. The ATLAS is not a primary flight control system,
a trim device, or a wing flap. However, there is definite applicability
to ATLAS for several regulations under part 23, Subpart D--Control
Systems, which might otherwise be considered ``Not Applicable'' under a
strict interpretation of the regulations. Other conditions may be
developed, as needed, based on further FAA review and discussions with
the manufacturer.
    Special conditions are also necessary for the effect of ATLAS on
structural performance. These special conditions are intended to
provide an equivalent level of safety for ATLAS as intended by part 23,
Subpart C--Structure, and portions of part 23, Subpart D--Design and
Construction.

Applicability

    As discussed above, these special conditions are applicable to the
SR22 (S/Ns 0002 thru 2333, 2335 thru 2419, and 2421 thru 2437). Should
Tamarack Aerospace Group apply at a later date for a supplemental type
certificate to modify any other model included on Type Certificate Data
Sheet A00009CH to incorporate the same novel or unusual design feature,
the special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability and
it affects only the applicant who applied to the FAA for approval of
these features on the airplane.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

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

These Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) are issued
the following special conditions as part of the type certification
basis for Cirrus Model SR22 airplanes (S/Ns 0002 through 2333, 2335
through 2419, and 2421 through 2437) modified by Tamarack Aerospace
Group.

1. Active Load Alleviation Systems--Structural Requirements

    (A) The following special conditions apply to airplanes equipped
with load alleviation systems that either directly, or as a result of
failure or malfunction, affect structural performance. These

special conditions address the direct structural consequences of the
system responses and performances and cannot be considered in isolation
but should be included in the overall safety evaluation of the
airplane. Any statistical or probability terms used in the following
special conditions apply to the structural requirements only and do not
replace, remove, or supersede other requirements, including those in
part 23, subpart E. These criteria are only applicable to structure
whose failure could prevent continued safe flight and landing.
    (B) In addition to the requirements in 14 CFR 23.301 Loads, comply
with the following:

SC 23.301 Loads, Probability of Failure of Load Alleviation System

    (a) Failures of the load alleviation system, including the
annunciation system, must be immediately annunciated to the pilot or
annunciated prior to the next flight. Failure of the load alleviation
system, including the annunciation system, must be no greater than 1 x
10-5 per flight hour.
    (b) If failure of the load alleviation system, including the
annunciation system, is greater than 1 x 10-8 per flight
hour, an independent system functional test must be accomplished at a
periodic interval to limit time exposure to an undetected failed
system. The time interval for the system functional test must be
selected so that the product of the time interval in hours and the
failure of the load alleviation system, including the annunciation
system, is no greater than 1 x 10-5 per hour.
    (c) Tamarack must report failed annunciation systems to the FAA in
a manner acceptable to the Administrator.
    (C) In place of the requirements in 14 CFR 23.303 Factor of Safety,
comply with the following:

SC 23.303 Factor of Safety, Load Alleviation Systems

    The airplane must be able to withstand the limit and ultimate loads
resulting from the following scenarios:
    (a) The loads resulting from 14 CFR 23.321 through 23.537, as
applicable, corresponding to a fully operative load alleviation system.
A factor of safety of 1.5 must be applied to determine ultimate loads.
    (b) If an independent system functional test is required by SC
23.301(b), the loads resulting from 14 CFR 23.321 through 23.537, as
applicable, corresponding to the system in the inoperative state
without additional flight limitations or reconfiguration of the
airplane. A factor of safety of 1.0 must be applied to determine
ultimate loads.
    (c) The loads corresponding to the time of occurrence of load
alleviation system failure and immediately after the failure. These
loads must be determined at any speed up to VNE, starting
from 1g level flight conditions, and considering realistic scenarios,
including pilot corrective actions. A factor of safety of 1.5 must be
applied to determine ultimate loads.
    (d) For airplanes equipped with ``before the next flight'' failure
annunciation systems, the loads resulting from 14 CFR 23.321 through
23.537, as applicable, corresponding to the system in the failed state
without additional flight limitations or reconfiguration of the
airplane. A factor of safety of 1.25 must be applied to determine
ultimate loads.
    (e) For airplanes equipped with ``immediate'' failure annunciation
systems, the loads resulting from 14 CFR 23.321 through 23.537, as
applicable, corresponding to the system in the failed state with
additional flight limitations or reconfiguration of the airplane. A
factor of safety of 1.0 must be applied to determine ultimate loads.
    (D) In addition to the requirements in 14 CFR 23.571 through
23.574, comply with the following:

SC 23.571 Through SC 23.574 Fatigue and Damage Tolerance

    If any system failure would have a significant effect on the
fatigue or damage evaluations required in Sec. Sec.  23.571 through
23.574, then these effects must be taken into account. If an
independent system functional test is required by SC 23.301(b), the
effect on fatigue and damage evaluations resulting from the selected
inspection interval must be taken into account.
    (E) In addition to the requirements in 14 CFR 23.629 Flutter,
comply with the following:

SC 23.629 Flutter

    (a) With the load alleviation system fully operative, compliance to
14 CFR 23.629 must be shown. Compliance with Sec.  23.629(f) must
include the ATLAS control system and control surface.
    (b) At the time of occurrence of load alleviation system failure
and immediately after the failure, compliance with 14 CFR 23.629(a) and
(e) must be shown up to VD/MD without
consideration of additional operating limitations or reconfiguration of
the airplane.
    (c) For airplanes equipped with ``before the next flight'' failure
annunciation systems and the load alleviation system in the failed
state, compliance to 14 CFR 23.629 Flutter, paragraphs (a) and (e),
must be shown up to VD/MD without consideration
of additional operating limitations or reconfiguration of the airplane.
    (d) For airplanes equipped with ``immediate'' failure annunciation
systems and the load alleviation system in the failed state, compliance
to 14 CFR 23.629 Flutter, paragraphs (a) and (e), must be shown with
consideration of additional operating limitations or reconfiguration of
the airplane at speeds up to VD = 1.4 x maximum speed
limitation selected by the applicant.

2. Active Load Alleviation Systems--Control System Requirements

    (A) In place of 14 CFR 23.672 Stability augmentation and automatic
and power-operated systems requirement, comply with the following:

SC 23.672 Load Alleviation Systems

    The load alleviation system must comply with the following:
    (a) A warning, which is clearly distinguishable to the pilot under
expected flight conditions without requiring the pilot's attention,
must be provided for any failure in the load alleviation system or in
any other automatic system that could result in an unsafe condition if
the pilot was not aware of the failure. Warning systems must not
activate the control system.
    (b) The design of the load alleviation system or of any other
automatic system must permit initial counteraction of failures without
requiring exceptional pilot skill or strength, by either the
deactivation of the system or a failed portion thereof, or by
overriding the failure by movement of the flight controls in the normal
sense.
    (c) It must be shown that, while the system is active or after any
single failure of the load alleviation system--
    (1) The airplane is safely controllable when the failure or
malfunction occurs at any speed or altitude within the approved
operating limitations that is critical for the type of failure being
considered;
    (2) The controllability and maneuverability requirements of this
part are met within a practical operational flight envelope (for
example, speed, altitude, normal acceleration, and airplane
configuration) that is described in the Airplane Flight Manual (AFM);
and
    (3) The trim, stability, and stall characteristics are not impaired
below a level needed to permit continued safe flight and landing.

    (B) In place of 14 CFR 23.677 Trim systems requirement, comply with
the following:

SC 23.677 Load Alleviation Active Control Surface

    (a) Proper precautions must be taken to prevent inadvertent,
improper, or abrupt Tamarack Active Control Surface (TACS) operation.
    (b) The load alleviation system must be designed so that, when any
one connecting or transmitting element in the primary flight control
system fails, adequate longitudinal control for safe flight and landing
is available.
    (c) The load alleviation system must be irreversible unless the
TACS is properly balanced and has no unsafe flutter characteristics.
The system must have adequate rigidity and reliability in the portion
of the system from the tab to the attachment of the irreversible unit
to the airplane structure.
    (d) It must be demonstrated that the airplane is safely
controllable and that the pilot can perform all maneuvers and
operations necessary to effect a safe landing following any probable
powered system runaway that reasonably might be expected in service,
allowing for appropriate time delay after pilot recognition of the
system runaway. The demonstration must be conducted at critical
airplane weights and center of gravity positions.
    (C) In place of 14 CFR 23.683 Operation tests requirement, comply
with the following:

SC 23.683 Operation Tests

    (a) It must be shown by operation tests that, when the load
alleviation system is active and operational and loaded as prescribed
in paragraph (b) of this section, the system is free from--
    (1) Jamming;
    (2) Excessive friction; and
    (3) Excessive deflection.
    (b) The prescribed test loads are, for the entire system, loads
corresponding to the limit airloads on the appropriate surface.
    (D) In place of 14 CFR 23.685 Control system details requirement,
comply with the following:

SC 23.685 Control system details

    (a) Each detail of the Tamarack Active Control Surface (TACS) must
be designed and installed to prevent jamming, chafing, and interference
from cargo, passengers, loose objects, or the freezing of moisture.
    (b) There must be means in the cockpit to prevent the entry of
foreign objects into places where they would jam any one connecting or
transmitting element of the system.
    (c) Each element of the load alleviation system must have design
features, or must be distinctively and permanently marked, to minimize
the possibility of incorrect assembly that could result in
malfunctioning of the control system.
    (E) In place of 14 CFR 23.697 Wing flap controls requirement,
comply with the following:

SC 23.697 Load Alleviation System Controls

    (a) The Tamarack Active Control Surface (TACS) must be designed so
that, when the surface has been placed in any position, it will not
move from that position unless the control is adjusted or is moved by
the automatic operation of a load alleviation system.
    (b) The rate of movement of the TACS in response to the automatic
device must give satisfactory flight and performance characteristics
under steady or changing conditions of airspeed, engine power, and
attitude.
    (F) In place of 14 CFR 23.701 Flap interconnection requirement,
comply with the following:

SC 23.701 Load Alleviation System Interconnection

    (a) The load alleviation system and related movable surfaces as a
system must--
    (1) Be synchronized by a mechanical interconnection between the
movable surfaces; or by an approved equivalent means; or
    (2) Be designed so that the occurrence of any failure of the system
that would result in an unsafe flight characteristic of the airplane is
extremely improbable; or
    (b) The airplane must be shown to have safe flight characteristics
with any combination of extreme positions of individual movable
surfaces.

    Issued in Kansas City, Missouri, on February 6, 2013.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-03296 Filed 2-12-13; 8:45 am]
BILLING CODE 4910-13-P


   Check if information below is identical to the information submitted last year.	                                                 Tier One                                Emergency and Hazardous Chemical Inventory                                   Aggregate Information by Hazard Type  For Official Use Only State ID #:  Date Received:  Facility Identification  Name	Maximum No. of Occupants:	  Manned  	  N/A	  Unmanned  Street	County	City	State	Zip  Latitude	Longitude	NAICS Code	Phone Number (optional)                                                                     (	)  Dun & Bradstreet Number	TRI Facility ID:	RMP Facility ID: 	  N/A	  N/A  Subject to Emergency Planning under Section 302 of EPCRA?	  Yes	  No  Subject to Chemical Accident Prevention under Section 112(r) of CAA (40 CFR part 68, Risk Management Program)? 	  Yes	  No  Owner or Operator Information  Parent Company Information (optional)  Name  Name	Dun & Bradstreet Number  Address  Address  Phone Number	Email  (	)  Phone Number	Email  (	)  Facility Emergency Coordinator (if applicable)	Tier I Information Contact  Name	Title  Name	Title  Email Address  Email Address  Phone Number	24-hour Phone  (	)	(	)  Phone Number  (	)                                    Emergency Contacts  Name  Name  Title  Title  Phone Number	24-hour Phone  (	)	(	)  Phone Number	24-hour Phone  (	)	(	)  Email Address  Email Address  Certification: (Read and sign after completing all sections)  I certify under penalty of law that I have personally examined and am familiar with the information submitted in pages 1 through 	, and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate and complete.    Name and official title of owner/	Signature	Date signed operator OR owner/operator's     authorized representative  This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2050-0072). Responses to this collection of information are mandatory (40 CFR 370). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The public reporting and recordkeeping burden for this collection of information is estimated to range from 10 to 120 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.                                            Check if information below is identical to the information submitted last year.

                                 Hazard  Types                             Max Amount (Range Code)                       Average Daily Amount  (Range Code)                             Number of Days On-Site                                General Location                                 Physical Hazard Explosive

Flammable  (gases, aerosols,  liquids, or solids)

Oxidizer  (liquid, solid or gas)

Self-reactive

Pyrophoric  (liquid or solid)

Pyrophoric Gas

Self-heating

Organic peroxide

Corrosive to metal

Gas under pressure (compressed gas)

In contact with water emits flammable gas

Combustible Dust

Hazard Not Otherwise Classified

                                 Health Hazard Acute toxicity  (any route of exposure)

Skin corrosion or irritation

Serious eye damage or eye irritation

Respiratory or skin sensitization

Germ cell mutagenicity

Carcinogenicity

Reproductive toxicity

Specific target organ toxicity(single or repeated exposure)

Aspiration hazard

Simple Asphyxiant

Hazard Not Otherwise Classified

                                                  REPORTING RANGES

                            WEIGHT RANGE IN POUNDS                                   Range Codes                                                                            From                                                                              To                                              01                                                                               0                                                                              99                                              02                                                                             100                                                                             499                                              03                                                                             500                                                                             999                                              04                                                                           1,000                                                                           4,999                                              05                                                                           5,000                                                                           9,999                                              06                                                                          10,000                                                                          24,999                                              07                                                                          25,000                                                                          49,999                                              08                                                                          50,000                                                                          74,999                                              09                                                                          75,000                                                                          99,999                                              10                                                                         100,000                                                                         499,999                                              11                                                                         500,000                                                                         999,999                                              12                                                                       1,000,000                                                                       9,999,999                                              13                                                                      10,000,000                                                         Greater than 10 million   Optional Attachments:	 I have attached a site plan	 I have attached a list of site coordinate abbreviations                   I have attached a description of dikes and other safeguard measures


[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Rules and Regulations]
[Page 43823-43825]
[DOCID:fr27jy10-16]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0458]
RIN 1625-AA00

Safety Zone; He'eia Kea Small Boat Harbor, Kaneohe Bay, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in
He'eia Kea Small Boat Harbor located in Kaneohe Bay, Oahu, Hawaii. The
safety zone is necessary to protect watercraft and the general public
from hazards associated with five vessels moored for approximately 3-
weeks off the boat harbor's main pier. Vessels desiring to transit
through the zone can request permission by contacting the Captain of
the Port Honolulu.

DATES: This rule is effective in the CFR on July 27, 2010 through 7:00
p.m. on August 13, 2010. This rule is effective with actual notice for
purposes of enforcement on 5 a.m. on July 16, 2010. This rule will
remain in effect through 7 p.m. on August 13, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0458 and are available online
by going to http://www.regulations.gov/, inserting USCG-2010-0458 in
the ``Keyword'' box, and then clicking ``Search.'' They are also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. This is because it would be impracticable
for the Coast Guard to publish an NPRM and final rule before the zone
is needed on July 16, 2010.
    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. There is a need to establish the
safety zone before July 16, 2010, in order to protect watercraft and
the general public from hazards associated with fixed moorings and
stationary vessels in the harbor.

Basis and Purpose

    In 2009, Fourth Mate Productions formally proposed mooring five
vessels in and around He'eia Kea Small Boat Harbor and main pier with
the State of Hawaii's permission and after meeting with numerous local
users and environmental and boating agency officials.
    In June 2010 and after all environmental and permitting
requirements were met, Fourth Mate Productions was given permission to
place moorings and five stationary vessels in He'eia Kea Small Boat
Harbor.
    Due to He'eia Kea Small Boat Harbor's heavy traffic during daylight
hours, the Coast Guard determined that a safety zone was appropriate to
ensure safe and orderly transit around the moorings and five stationary
vessels by all other watercraft and the general public.

Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone in He'eia
Kea Small Boat Harbor located in Kaneohe Bay, Oahu, Hawaii. This safety
zone is in the shape of a box bounded by the points: 21[deg]26'30.9''
N, 157[deg]48'40.4'' W; 21[deg]26'53.4'' N, 157[deg]48'33.8'' W (aka
Light 2); 21[deg]26'40.9'' N, 157[deg]48'10.5'' W, and
21[deg]26'30.4'' N, 157[deg]48'20.57'' W (aka Kealohi Pt) thence along
the coast to the beginning point. The zone will extend from the surface
of the water to the ocean floor. The zone will be enforced from 5 a.m.
on July 16, 2010, through 7 p.m. on August 13, 2010.
    Entry into or remaining in the safety zone will be prohibited
unless authorized by the Coast Guard Captain of the Port Honolulu zone.
Vessels desiring to transit through the zone can request permission by
contacting the Honolulu Captain of the Port on VHF Channel 81A or at
phone numbers<PHONE_NUMBER> and<PHONE_NUMBER>.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This zone will have not have a significant impact on the harbor's
commercial use since nearly all the westward and eastward portions of
the small boat harbor will remain open for business. Furthermore,
vessels will be able to transit in the temporary safety zone with
permission from the Captain of the Port, and escort vessels will be
freely available on a case by case basis and once entry into the safety
zone is granted.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels using
the He'eia Kea Small Boat Harbor between July 16 and August 13, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities because this rule will only be in
effect for a limited period of time, vessels will be able to transit
around the safety zone, and will be allowed to transit in and around
the temporary safety zone in He'eia Kea Small Boat Harbor with
prearranged vessel escorts once permission to transit the zone is
granted.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing,
disestablishing, or changing Regulated Navigation Areas and security or
safety zones. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard is amending
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T14-199 to read as follows:

Sec.  165.T14-205  Safety Zone; He'eia Kea Small Boat Harbor, Kaneohe
Bay, Oahu, Hawaii.

    (a) Location. The following area is a temporary safety zone: All
waters contained within a specified area around five moored vessels in
the He'eia Kea Small Boat Harbor located in Kaneohe Bay, Oahu, Hawaii.
This safety zone is bounded by the points: 21[deg]26'30.9'' N,
157[deg]48'40.4'' W; 21[deg]26'53.4'' N, 157[deg]48'33.8'' W (aka Light
2); 21[deg]26'40.9'' N, 157[deg]48'10.5'' W, and
21[deg]26'30.4'' N, 157[deg]48'20.57'' W (aka Kealohi Pt) thence along
the coast to the beginning point. This safety zone extends from the
surface of the water to the ocean floor.
    These coordinates are based upon the National Oceanic and
Atmospheric Administration Coast Survey, Pacific Ocean, Oahu, Hawaii,
chart 19359.
    (b) Regulations. (1) Entry into or remaining in the safety zone
described in paragraph (a) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port Honolulu zone.
    (2) Persons desiring to transit in the safety zone may contact the
Honolulu Captain of the Port on VHF channel 81A (157.075 MHz), VHF
channel 16 (156.800 MHz), or at telephone numbers 1-808-563-9906 and
808-842-2600 to seek permission to transit the area with a designated
escort vessel. If permission is granted, all persons and vessels must
comply with the instructions of the Captain of the Port or his or her
designated representative.
    (c) Effective period. This rule is effective from 5:00 a.m. local
(HST) time on July 16, 2010 through 7:00 p.m. local (HST) time on
August 13, 2010.
    (d) Regulations. In accordance with the general regulations in 33
CFR part 165, Subpart C, no person or vessel may enter or remain in the
zone except for support vessels and personnel, or other vessels
authorized by the Captain of the Port or his designated
representatives.
    (e) Penalties. Vessels or persons violating this rule would be
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: June 24, 2010.
R.E. McFarland,
Commander, U.S. Coast Guard, Acting Captain of the Port Honolulu.
[FR Doc. 2010-18268 Filed 7-26-10; 8:45 am]
BILLING CODE 9110-04-P