[Federal Register: May 20, 2008 (Volume 73, Number 98)]
[Rules and Regulations]
[Page 29042-29044]
[DOCID:fr20my08-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0554; Directorate Identifier 2008-NM-100-AD;
Amendment 39-15522; AD 2008-10-15]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-
200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Boeing Model 747-100, 747-100B, 747-200B, 747-200C, 747-200F, 747-300,
747SR, and 747SP series airplanes. This AD requires an inspection to
determine if acceptable external skin doublers are installed at the
stringer 6 (S-6) lap splices, between station (STA) 340 and STA 400.
For airplanes without the acceptable external skin doublers, this AD
requires repetitive related investigative actions and corrective
actions if necessary. This AD also provides an optional terminating
modification for the repetitive related investigative actions. This AD
results from a report of cracked fastener holes at the right S-6 lap
splice between STA 340 and STA 380. We are issuing this AD to detect
and correct cracking in the fuselage skin, which could result in rapid
decompression and loss of structural integrity.

DATES: This AD is effective May 20, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 20,
2008.
    We must receive comments on this AD by July 21, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe
Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We have received a report of cracking found at fourteen adjacent
fastener holes where protruding head fasteners were installed in the
upper row of the right stringer 6 (S-6) lap splice, between station
(STA) 360 and STA 380. The airplane had accumulated 23,132 total

flight cycles. The protruding head fasteners had been installed without
external skin doublers 9,757 flight cycles earlier as one of several
modification options provided in Boeing Service Bulletin 747-53-2253
(AD 90-06-06, amendment 39-6490 (55 FR 8374, March 7, 1990), requires
that one of the modifications specified in the service bulletin be
done). Analysis by Boeing indicates that the protruding head fastener
modification and the post-modification inspections are not adequate to
prevent and detect cracks at the upper row of fasteners in the S-6 lap
splices before the cracks reach critical length. The post-modification
inspections are given in Boeing Service Bulletin 747-53-2253 and are
required by AD 90-23-14, amendment 39-6801 (55 FR 46652, November 6,
1990). Cracking in the fuselage skin, if not corrected, could result in
rapid decompression and loss of structural integrity.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-53A2748, dated May 9,
2008. The alert service bulletin describes procedures for an external
inspection to determine if acceptable external skin doublers are
installed at the left- and right-side S-6 lap splices, between STA 340
and STA 400. For airplanes without the acceptable external skin
doublers, the alert service bulletin specifies doing repetitive related
investigative actions and corrective actions if necessary. Related
investigative actions include external high frequency eddy current
(HFEC) and low frequency eddy current (LFEC) inspections of the skin
for cracking, as applicable. Corrective actions include repairing
cracking and repeating related investigative actions, or modifying the
airplane by installing acceptable external skin doublers at both the
left- and right-side S-6 lap splices (includes doing an open-hole HFEC
inspection of the skin for cracking, and trimming out cracking if
necessary). Doing the modification would end the repetitive related
investigative actions.
    Boeing Alert Service Bulletin 747-53A2748 refers to Boeing Service
Bulletin 747-53-2253, Revision 3, dated March 24, 1994; and Boeing
Service Bulletin 747-53-2272, Revision 18, dated May 16, 2002; as
additional sources of service information for accomplishment of the
modification (installation of acceptable external skin doublers).

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
This AD requires an external inspection to determine if acceptable
external skin doublers are installed at the S-6 lap splices, between
STA 340 and STA 400. For airplanes without the acceptable external skin
doublers, this AD requires repetitive related investigative actions, as
applicable, and corrective actions if necessary. This AD also provides
an optional terminating modification for the repetitive related
investigative actions.

Interim Action

    We consider this AD interim action. We are currently considering
requiring the modification (installation of acceptable external skin
doublers), which would terminate the repetitive related investigative
actions. However, the planned compliance time for the modification
would allow enough time to provide notice and opportunity for prior
public comment on the merits of the modification.

FAA's Justification and Determination of the Effective Date

    We have determined that cracking of multiple adjacent fastener
holes at the S-6 lap splices adjacent to the flight deck windows could
join together and result in large cracks. Considering the number of
accumulated flight cycles on the affected Boeing Model 747 airplanes
and the consequences of cracking, we have determined that immediate
inspections are necessary. Because of our requirement to promote safe
flight of civil aircraft and thus, the critical need to assure the
structural integrity of the fuselage and the short compliance time
involved with this action, this AD must be issued immediately.
    Because an unsafe condition exists that requires the immediate
adoption of this AD, we find that notice and opportunity for prior
public comment hereon are impracticable and that good cause exists for
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2008-0554; Directorate Identifier 2008-NM-100-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this 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

    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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 AD:

2008-10-15 Boeing: Amendment 39-15522. Docket No. FAA-2008-0554;
Directorate Identifier 2008-NM-100-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective May 20, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 747-100, 747-100B, 747-200B,
747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes,
certificated in any category; as identified in Boeing Alert Service
Bulletin 747-53A2748, dated May 9, 2008.

Unsafe Condition

    (d) This AD results from a report of cracked fastener holes at
the right stringer 6 (S-6) lap splice between station (STA) 340 and
STA 380. We are issuing this AD to detect and correct cracking in
the fuselage skin, which could result in rapid decompression and
loss of structural integrity.

Compliance

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

Service Bulletin Reference Paragraph

    (f) The term ``alert service bulletin,'' as used in this AD,
means the Accomplishment Instructions of Boeing Alert Service
Bulletin 747-53A2748, dated May 9, 2008.

Inspection for Acceptable External Skin Doublers

    (g) For airplanes identified as Group 1, Configuration 2, in
Boeing Alert Service Bulletin 747-53A2748, dated May 9, 2008: At the
latest of the times specified in paragraphs (g)(1), (g)(2), and
(g)(3) of this AD, do an external general visual inspection to
determine if acceptable external skin doublers are installed at the
left- and right-side S-6 lap splices, in accordance with Part 1 of
the alert service bulletin.
    (1) Prior to the accumulation of 10,000 total flight cycles.
    (2) Within 8,000 flight cycles after a modification was done in
accordance with Boeing Service Bulletin 747-53-2253.
    (3) Within 15 days or 100 flight cycles after the effective date
of this AD, whichever occurs first.

Acceptable External Skin Doublers Found at Both Sides

    (h) If, during the inspection required by paragraph (g) of this
AD, acceptable external skin doublers in accordance with the alert
service bulletin are found installed at both the left- and right-
side S-6 lap splices, no further work is required by this AD.

Acceptable External Skin Doublers Not Found--Repetitive Related
Investigative Actions and Corrective Actions

    (i) If, during the inspection required by paragraph (g) of this
AD, acceptable external skin doublers in accordance with alert
service bulletin are not found installed at either the left- or
right-side S-6 lap splice: Before further flight, do all applicable
related investigative and corrective actions by doing all actions
specified in Part 2 of the alert service bulletin. Repeat the
applicable related investigative actions thereafter at intervals not
to exceed 300 flight cycles until the modification specified in
paragraph (j) of this AD is done.

Optional Terminating Modification

    (j) Modifying the airplane by installing acceptable external
skin doublers at both the left- and right-side S-6 lap splices
(including doing an open-hole HFEC inspection of the skin for
cracking, and trimming out cracking as applicable) in accordance
with the alert service bulletin terminates the repetitive related
investigative actions required by this AD.

    Note 1: The alert service bulletin refers to Boeing Service
Bulletins 747-53-2253, Revision 3, dated March 24, 1994; and 747-53-
2272, Revision 18, dated May 16, 2002; as additional sources of
service information for accomplishment of the modification
(installation of acceptable external skin doublers).

    Note 2: AD 90-06-06, amendment 39-6490, requires, among other
actions, one of the modification options specified in Boeing Service
Bulletin 747-53-2253, dated December 14, 1984.

    Note 3: AD 90-23-14, amendment 39-6801, requires that
inspections of modifications done in accordance with Boeing Service
Bulletin 747-53-2253, and applicable repairs, be done in accordance
with Boeing Service Bulletin 747-53-2253, Revision 2, dated March
29, 1990.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, Seattle Aircraft Certification Office, FAA,
ATTN: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
917-6590; has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the repair must meet the certification basis
of the airplane and the approval must specifically refer to this AD.

Material Incorporated by Reference

    (l) You must use Boeing Alert Service Bulletin 747-53A2748,
dated May 9, 2008, to do the actions required by this AD, unless the
AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207.
    (3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington; or 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/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 13, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-11330 Filed 5-19-08; 8:45 am]

BILLING CODE 4910-13-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer. The Proposed Rule asks for guidance and suggestions on around 100 different questions. I want to provide my thoughts and comments on many of these issues, but need more time to devote to researching and providing thoughtful comments. As it took the FDA  many years to complete the Proposed Rule, I do not believe it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. The FDA has the authority under 21 CFR 10.40 to extend this time frame and has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.

Thank you


[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Proposed Rules]
[Page 63663-63666]
[DOCID:fr27oc08-24]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1001]
RIN 1625-AA00

Security Zone; Potomac and Anacostia Rivers, Washington, DC,
Arlington and Fairfax Counties, VA, and Prince Georges County, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary security
zone encompassing certain waters of the Potomac and Anacostia Rivers in
order to safeguard high-ranking government officials and the public-at-
large before, during, and after scheduled activities associated with
the 2009 Presidential Inauguration. This security zone will be in
effect between January 14, 2009 and January 25, 2009.

DATES: Comments and related material must reach the Coast Guard on or
before November 26, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-1001 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways
Management Division, at telephone number<PHONE_NUMBER> or<PHONE_NUMBER>.
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-1001), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-1001)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays; or the Commander, U.S. Coast Guard
Sector Baltimore, 2401 Hawkins Point Road, Building 70, Waterways
Management Division, Baltimore, Maryland 21226-1791, between 8 a.m. and
3 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Background and Purpose

    The Coast Guard, as lead federal agency for maritime homeland
security, has determined that the Coast Guard Captain of the Port must
have the means to be aware of, deter, detect, intercept, and respond to
asymmetric threats, acts of aggression, and attacks by terrorists on
the American homeland while still maintaining our freedoms and
sustaining the flow of commerce. This proposed security zone is part of
a comprehensive port security regime designed to safeguard human life,
vessels, and waterfront facilities against sabotage or terrorist
attacks.
    The Captain of the Port Baltimore is proposing to establish a
security zone to address the aforementioned security concerns and to
take steps to prevent the catastrophic impact that a terrorist attack
against the large gatherings of high-ranking United States officials,
the public at large, and surrounding waterfront areas and communities
would have. The proposed security zone is necessary to safeguard life
and property on the navigable waters before, during, and after
scheduled activities associated with the 2009 Presidential Inauguration
and will help the Coast Guard prevent vessels or persons from bypassing
the security measures established on shore for the events and engaging
in waterborne terrorist actions during the highly publicized events.

Discussion of Proposed Rule

    On Tuesday, January 20, 2009, the U.S. Presidential Inauguration
will take place at the U.S. Capitol in Washington, DC. Activities
associated with the 2009 Presidential Inauguration in and near the
District of Columbia will include several Inaugural balls, parades and
receptions. The proposed zone will be in effect from January 14, 2009
through January 25, 2009. The proposed zone will cover (1) all waters
of the Potomac River, from shoreline to shoreline, bounded on the north
by the Francis Scott Key (U.S. Route 29) Bridge, downstream to and
bounded on the south from a position at latitude 38[deg]46[min]42[sec]
N, longitude 077[deg]02[min]55[sec] W on the Virginia shoreline to a
position at latitude 38[deg]46[min]42[sec] N, longitude
077[deg]01[min]33[sec] W on the Maryland shoreline, including the
waters of the Georgetown Channel Tidal Basin; and (2) all waters of the
Anacostia River, from shoreline to shoreline, bounded on the north by
the New York Avenue (U.S. Route 50) Bridge, downstream to and bounded
on the south by its confluence with the Potomac River.
    This rule requires that entry into or remaining in this security
zone is prohibited unless authorized by the Coast Guard Captain of the
Port Baltimore. Vessels already at berth, mooring, or anchor in the
security zone at the time the security zone is implemented do not have
to depart the zone. All vessels underway within this security zone at
the time it is implemented are to depart the zone. However, the Captain
of the Port may, in his discretion, grant waivers or exemptions to this
rule, either on a case-by-case basis or categorically to a particular
class of vessel that otherwise is subject to adequate control measures.
To seek permission to transit the area, the Captain of the Port
Baltimore can be contacted at telephone number<PHONE_NUMBER> or on
Marine Band Radio, VHF-FM channel 16 (156.8 MHz). Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz). The Coast Guard will issue Broadcast Notices to
Mariners to further publicize the security zone.

Regulatory Analyses

    We developed this proposed 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 proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. There is no vessel traffic
associated with recreational boating and commercial fishing during the
effective period, and vessels may seek permission from the Captain of
the Port Baltimore to enter and transit the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to operate or transit on (1) all waters
of the Potomac River, from shoreline to shoreline, bounded on the north
by the Francis Scott Key (U.S. Route 29) Bridge, downstream to and
bounded on the south from a position at latitude 38[deg]46[min]42[sec]
N, longitude 077[deg]02[min]55[sec] W on the Virginia shoreline to a
position at latitude 38[deg]46[min]42[sec] N, longitude
077[deg]01[min]01[sec] W on the Maryland shoreline, including the
waters of the Georgetown Channel Tidal Basin; and (2) all waters of the
Anacostia River, from shoreline to shoreline, bounded on the north by
the New York Avenue (U.S. Route 50) Bridge, downstream to and bounded
on the south by its confluence with the Potomac River. This security
zone would not have a significant economic impact on a substantial
number of small entities because vessels with compelling interests that
outweigh the port's security needs may be granted waivers from the
requirements of the security zone.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your

small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact Mr. Ronald Houck, at Coast Guard Sector Baltimore, Waterways
Management Division, at telephone number<PHONE_NUMBER> or (410) 576-
2693. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 5100.1 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
made a preliminary determination under the Instruction that this action
is not likely to have a significant effect on the human environment. An
environmental analysis checklist supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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; 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.

    2. Add Sec.  165.T05-1001 to read as follows:

Sec.  165.T05-1001  Security Zone; Potomac and Anacostia Rivers,
Washington, DC, Arlington and Fairfax Counties, VA, and Prince Georges
County, MD.

    (a) Location. The following area is a security zone: (1) all waters
of the Potomac River, from shoreline to shoreline, bounded on the north
by the Francis Scott Key (U.S. Route 29) Bridge, downstream to and
bounded on the south from a position at latitude 38[deg]46'42'' N,
longitude 077[deg]02'55'' W on the Virginia shoreline to a position at
latitude 38[deg]46'42'' N, longitude 077[deg]01'33'' W on the Maryland
shoreline, including the waters of the Georgetown Channel Tidal Basin;
and (2) all waters of the Anacostia River, from shoreline to shoreline,
bounded on the north by the New York Avenue (U.S. Route 50) Bridge,
downstream to and bounded on the south by its confluence with the
Potomac River.
    (b) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
    Designated representative means any Coast Guard commissioned,
warrant, or

petty officer who has been authorized by the Captain of the Port
Baltimore to assist in enforcing the security zone described in
paragraph (a) of this section.
    (c) Regulations. (1) All persons are required to comply with the
general regulations governing security zones found in 33 CFR 165.33.
    (2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore. Vessels
already at berth, mooring, or anchor at the time the security zone is
implemented do not have to depart the security zone. All vessels
underway within this security zone at the time it is implemented are to
depart the zone. The Captain of the Port Baltimore may, in his
discretion, grant waivers or exemptions to this rule, either on a case-
by-case basis or categorically to a particular class of vessel that
otherwise is subject to adequate control measures.
    (3) Persons desiring to transit the area of the security zone must
first obtain authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore and his designated representatives
can be contacted at telephone number<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). Upon being hailed by a U.S. Coast Guard vessel, or other
Federal, State, or local agency vessel, by siren, radio, flashing
light, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port Baltimore or his
designated representative and proceed at the minimum speed necessary to
maintain a safe course while within the zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (d) Enforcement period. This section will be enforced from 4 a.m.
on January 14, 2009, through 10 p.m. on January 25, 2009.

    Dated: October 6, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
 [FR Doc. E8-25435 Filed 10-24-08; 8:45 am]

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