[Federal Register: April 13, 2006 (Volume 71, Number 71)]
[Notices]
[Page 19186-19187]
[DOCID:fr13ap06-79]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER06-18-000]

Midwest Independent Transmission System Operator, Inc.;
Supplemental Notice of Technical Conference

April 6, 2006.
    As announced in the Notice of Technical Conference issued on March
17, 2006, the Commission will hold a technical conference on April 21,
2006 in the Commission Meeting Room of the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC, regarding the
Midwest Independent Transmission System Operator Inc.'s (Midwest ISO)
proposed cost allocation policy, as it pertains to the degree of
regional cost sharing for reliability projects at 345 kV and above,

pursuant to the Commission Order issued on February 3, 2006.\1\
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    \1\ Midwest Independent Transmission System Operator, Inc., 114
FERC ] 61,106 (2006).
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    Please note that the time of the conference has been changed. The
technical conference will begin at 1 p.m. (EDT) and conclude at
approximately 5:15 p.m.
    This supplemental notice provides additional information and an
agenda for the conference. Members and staff of the Federal Energy
Regulatory Commission are expected to participate. The conference will
be open for the public to attend and advanced registration is not
required.
    The conference will be transcribed. A transcript of the conference
will be immediately available from Ace Reporting Company ((202) 347-
3700 or<PHONE_NUMBER>) for a fee. It will be available for the public
on the Commission's eLibrary system seven (7) calendar days after FERC
receives the transcript. Additionally, Capitol Connection offers the
opportunity for remote listening and viewing of the conference. It is
available for a fee, live over the Internet, by phone or via satellite.
Persons interested in receiving the broadcast or who need information
on making arrangements should contact David Reininger or Julia Morelli
at the Capitol Connection<PHONE_NUMBER>) for information about this
service as soon as possible or visit the Capitol Connection Web site at
http://www.capitolconnection.org and click on ``FERC.''

    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free<PHONE_NUMBER>
(voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with the
required accommodations.
    For more information about the conference, please contact either
Patrick Clarey at<PHONE_NUMBER> or at<EMAIL_ADDRESS>or Eli
Massey at<PHONE_NUMBER> or at<EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.

Cost Allocation Methodology for High Voltage Baseline Reliability
Projects in the Midwest ISO Region

April 21, 2006 Commission Technical Conference Agenda \2\

    Welcome: 1 p.m.-1:15 p.m.
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    \2\ This agenda may change. The Commission will issue a further
notice of such changes if time permits.
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    Panel 1: 1:15 p.m.-3 p.m.
    The Commission will request that the Midwest Independent
Transmission System Operator, Inc. (Midwest ISO) and certain entities
that participated in the Midwest ISO's Regional Expansion Criteria and
Benefits Task Force (RECB Task Force) present information regarding the
basis for the cost allocation methodology for high voltage Baseline
Reliability Projects and how the RECB Task Force established the
proposal.
    Break: 3 p.m.-3:15 p.m.
    Panel 2: 3:15 p.m.-5 p.m.
    The Commission will invite entities outside the RECB Task Force
process to express their perspectives on the proposed cost allocation
methodology. The Commission seeks input as to whether the cost
allocation methodology arising from the RECB Task Force for high
voltage Baseline Reliability Projects is just and reasonable, and if it
is not, what cost allocation methodology for high voltage Baseline
Reliability Projects would produce just and reasonable results.
    Closing Remarks: 5 p.m.-5:15 p.m.
    Unless otherwise notified, panelists should limit presentations to
no more than five (5) minutes. The Commissioners may ask questions at
the conclusion of presentations. If time permits, the audience may also
ask questions of the panelists at the conclusion of the Commissioners'
questions. Panelists wishing to distribute copies of their presentation
should e-mail an electronic copy of their presentation one week prior
to the conference to Patrick Clarey and Eli Massey and bring 100 or
more hard copies to the conference for distribution. Any such
presentation will be placed into the record for this docket. All
parties to this proceeding may file comments on the technical
conference by close of business on May 5, 2006.

[FR Doc. E6-5441 Filed 4-12-06; 8:45 am]

BILLING CODE 6717-01-P


TABLE 2  Annual Industry Burden of Reporting and Recordkeeping Requirements As A Result Of The Beryllium NESHAP Subpart D **

Hrs / occurrence Occurences/ respondent / yr Hrs/ respondent/ yr ( A) ( B) ( C= A* B)

1. APPLICATIONS A. Application for approval of construction / modification 12 0.00 0 B. Source Information 6 0.00 0 Report / Application C. Request for Ambient Air Monitoring Alternative 18 0.00 0 2. SURVEYS and STUDIES 3. REPORTING REQUIREMENTS A. Read Instructions 3 0.33 1 B. Required Activities Emission test 6 0.33 2 Calculation emission estimates 3 0.33 1 Monitoring ambient beryllium concentrations 3 0.33 1 C. Create Information 2 0.00 0 D. Gather Existing Information 3 0.33 1 E. Write Report Notification of test 1 0.33 0.33 Report of test 3 0.33 1 Report of calculated emission levels 3 0.00 0 Plan for locating monitors 1 0.00 0 Report monthly ambient concentrations 0 0.00 0 4. RECORDKEEPING REQUIREMENTS A. Read Instructions B. Plan Activities C. Implement Activities D. Develop Record System E. Time to Enter Info. Records of monitored ambient Beryllium levels 3 0.33 1 F. Train Personnel G. Audits TOTAL ANNUAL HOURS Average One ( 1) year Total = $ 452.65 ** This table utilizes the " technical" labor rate ($ 26.35/ hr) from the U. S. Dept. of Commerce, Bureau of Labor Statistics, March 2000, Table 10: Empl Costs for Private Industry by Occupational and Industry Group Hrs / year Cost / year ($)

( D) ( E= D*$ 55.34/ hr)

0 $ 0.00 0 $ 0.00 0 $ 0.00 $ 0.00 1 $ 54.34 2 $ 108.68 1 $ 54.34 1 $ 54.34 0 $ 0.00 1 $ 54.34 0.33 $ 17.93 1 $ 54.34 0 $ 0.00 0 $ 0.00 0 $ 0.00 1 $ 54.34 8.33 $ 452.65 mployment


[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Rules and Regulations]
[Pages 49498-49501]
[FR Doc No: 2017-23015]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0521; Product Identifier 2016-NM-189-AD; Amendment
39-19086; AD 2017-22-06]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc., Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604
Variants) airplanes. This AD was prompted by reports of fuel leaks in
the engine and auxiliary power unit (APU) electrical fuel pump (EFP)
cartridge/canister electrical connectors and conduits. This AD requires
repetitive inspections for fuel leakage at the engine and APU fuel
pumps, and related investigative and corrective actions if necessary.
We are issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective November 30, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 30,
2017.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax<PHONE_NUMBER>; email [email protected];
Internet http://www.bombardier.com. You may view this referenced
service information at the FAA, Transport Standards Branch, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2017-0521.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0521; 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
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.,
Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants)
airplanes. The NPRM published in the Federal Register on June 2, 2017
(82 FR 25556) (``the NPRM''). The NPRM was prompted by reports of fuel
leaks in the engine and APU EFP cartridge/canister electrical
connectors and conduits. The NPRM proposed to require repetitive
inspections for fuel leakage at the engine and APU fuel pumps, and
related investigative and corrective actions if necessary. We are
issuing this AD to detect and correct fuel leaks in certain fuel pumps
to remove a potential fuel ignition hazard.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2016-32R1, dated October 12, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc., Model CL-600-
2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. The MCAI
states:

    Fuel leaks have been reported in the engine and auxiliary power
unit (APU) electrical fuel pump (EFP) cartridge/canister electrical
connectors and conduits on production aeroplanes. Initially,
Bombardier had determined that the subject discrepancy was limited
to the new pump canister installations on 24 production aeroplanes.
Bombardier also reported the possibility of cut insulation on the
electric harness wires of the newly installed canister housing
assemblies.
    Emergency [Canadian] AD CF-2014-17 [which corresponds to FAA AD
2014-15-17, Amendment 39-17919 (79 FR 44268, July 31, 2014)] was
issued to limit landing light operation on-ground in order to
address a potential fire hazard as result of a possible fuel leak
from the APU, EFP electrical conduit in the landing light
compartment. In addition, [Canadian] AD CF-2014-21 [which
corresponds to FAA AD 2014-20-01, Amendment 39-17974 (79 FR 59640,
October 3, 2014), superseded by FAA AD 2016-10-10, Amendment 39-
18521 (81 FR 31497, May 19, 2016) (``AD 2016-10-10'')] was issued to
mandate removal of then identified 24 discrepant EFP canister
assemblies from service.
    Bombardier has recently determined that the subject fuel leaks
may not be limited to the 24 units affected by [Canadian] AD CF-
2014-21 [(AD 2016-10-10)], but may potentially affect other in-
service [Bombardier Model] CL-600-2B16 aeroplanes. Until such time
that a final fix for the fuel leak problem is realized, Bombardier
as an interim mitigating action, has issued [Service Bulletin] SB
604-28-022 and SB 605-28-010 that introduces [a] repeat [general
visual] inspection and if required, rectification [related
investigative and corrective actions] of subject fuel leaks on
affected aeroplanes. [Canadian] AD CF-2016-32 was issued on 29
September 2016 to mandate compliance with applicable Bombardier SBs,
to mitigate any potential safety hazard resulting from fuel leaks.
    Revision 1 of this [Canadian] AD is being issued to correct a
typographic error in paragraph B.1. of the [Canadian AD] Corrective
Actions.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0521.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM and
the FAA's response.
    Request To Delay Issuance Until the Release of New Service
Information

    Bombardier, Inc., indicated its intent to revise Bombardier Service
Bulletin 604-28-022, dated October 19, 2015; and Bombardier Service
Bulletin 605-28-010, dated October 19, 2015. Bombardier, Inc., stated
that these revisions will change the inspection instructions.
Bombardier, Inc., further added that it plans to publish new service
information to introduce similar inspections on Model CL-650 airplanes.
    We infer that Bombardier, Inc., is requesting that we delay the
issuance of this final rule until after the revised service information
is released and then refer to the revised service information. We
disagree with the commenter's request. We do not consider that delaying
this action until release of the planned service information is
warranted since the service information incorporated by reference in
this AD adequately addresses the unsafe condition. We might consider
additional rulemaking once the revised service information is released,
or if new service information is issued for Model CL-650 airplanes,
which are not included in the applicability of this AD. We have not
changed this AD in this regard.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Service Bulletin 604-28-022, dated
October 19, 2015; and Service Bulletin 605-28-010, dated October 19,
2015. This service information describes procedures for repetitive
general visual inspections for fuel leakage at the engine and APU fuel
pumps, and related investigative and corrective actions if necessary.
These documents are distinct since they apply to airplanes in different
configurations. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 121 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost     Cost per  product        operators
----------------------------------------------------------------------------------------------------------------
Inspections......................  1 work-hour x $85                $0  $85 per inspection   $10,285 per
                                    per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    For Model CL-600-2B16 airplanes having serial numbers 5701 through
5955 inclusive, 5957, 5960 through 5966 inclusive, 5968 through 5971
inclusive, and 5981, we estimate the following costs to do any
necessary replacements that would be required based on the results of
the required inspection. We have no way of determining the number of
aircraft that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace o-ring in affected pump...............  3 work-hours x $85 per hour =                $17            $272
                                                 $255.
Replace cartridge in affected pump............  2 work-hours x $85 per hour =              8,618           8,788
                                                 $170.
----------------------------------------------------------------------------------------------------------------

    For Model CL-600-2B16 airplanes having serial numbers 5301 through
5665 inclusive, we have received no definitive data that would enable
us to provide cost estimates for the on-condition actions specified in
this AD.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-22-06 Bombardier, Inc.: Amendment 39-19086; Docket No. FAA-
2017-0521; Product Identifier 2016-NM-189-AD.

(a) Effective Date

    This AD is effective November 30, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (CL-601-
3A, CL-601-3R, and CL-604 Variants) airplanes, certificated in any
category, having serial numbers 5301 through 5665 inclusive, 5701
through 5955 inclusive, 5957, 5960 through 5966 inclusive, 5968
through 5971 inclusive, and 5981.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of fuel leaks in the engine and
auxiliary power unit (APU) electrical fuel pump (EFP) cartridge/
canister electrical connectors and conduits. We are issuing this AD
to detect and correct fuel leaks in certain fuel pumps to remove a
potential fuel ignition hazard.

(f) Compliance

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

(g) General Visual Inspections and Corrective Actions--Model CL-600-
2B16 Airplanes, Serial Numbers 5301 through 5665 Inclusive

    For Model CL-600-2B16 airplanes having serial numbers 5301
through 5665 inclusive: Within 600 flight hours or 12 months,
whichever occurs first, after the effective date of this AD, do the
inspections specified in paragraphs (g)(1), (g)(2), and (g)(3) of
this AD, and do all applicable corrective actions, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
604-28-022, dated October 19, 2015; except where Bombardier Service
Bulletin 604-28-022, dated October 19, 2015, specifies to contact
the manufacturer, before further flight accomplish corrective
actions in accordance with the procedures specified in paragraph
(i)(2) of this AD. Do all applicable corrective actions before
further flight. Repeat the inspections at intervals not to exceed
600 flight hours or 12 months, whichever occurs first.
    (1) Do a general visual inspection for traces of fuel coming
from the right-hand engine boost pump at the location of the belly
fairing screw (FS412, BL 0.0).
    (2) Do a general visual inspection for traces of fuel coming
from the left-hand engine boost pump at the location of the belly
fairing screw (FS412, BL 0.0).
    (3) Do a general visual inspection for traces of fuel coming
from the EFP electrical wiring conduit outlet at the lower body
fairing area for engine EFPs and at the right-hand landing light
compartment for the APU EFP.

(h) General Visual Inspections and Related Investigative and Corrective
Actions--Model CL-600-2B16 Airplanes Having Serial Numbers 5701 through
5955 Inclusive, 5957, 5960 through 5966 Inclusive, 5968 through 5971
Inclusive, and 5981

    For Model CL-600-2B16 airplanes having serial numbers 5701
through 5955 inclusive, 5957, 5960 through 5966 inclusive, 5968
through 5971 inclusive, and 5981: Within 600 flight hours or 12
months, whichever occurs first, after the effective date of this AD,
do the inspections specified in paragraphs (h)(1), (h)(2), and
(h)(3) of this AD, and do all applicable related investigative and
corrective actions, in accordance with the Accomplishment
Instructions in Bombardier Service Bulletin 605-28-010, dated
October 19, 2015; except where Bombardier Service Bulletin 605-28-
010, dated October 19, 2015, specifies to contact the manufacturer,
before further flight accomplish corrective actions in accordance
with the procedures specified in paragraph (i)(2) of this AD. Do all
applicable related investigative and corrective actions before
further flight. Repeat the inspections at intervals not to exceed
600 flight hours or 12 months, whichever occurs first.
    (1) Do a general visual inspection for traces of fuel coming
from the right-hand engine boost pump at the location of the belly
fairing screw (FS412, BL 0.0).
    (2) Do a general visual inspection for traces of fuel coming
from the left-hand engine boost pump at the location of the belly
fairing screw (FS412, BL 0.0).

    (3) Do a general visual inspection of the right-hand landing
light compartment for traces of fuel coming from the APU EFP.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2016-32R1, dated October 12, 2016, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2017-0521.
    (2) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics and Administrative
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 604-28-022, dated October 19,
2015.
    (ii) Bombardier Service Bulletin 605-28-010, dated October 19,
2015.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax<PHONE_NUMBER>; email
[email protected]; Internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 17, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-23015 Filed 10-25-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67460-67462]
[FR Doc No: 2013-26938]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-23238; FMCSA-2007-27897; FMCSA-2007-29019;
FMCSA-2010-0082; FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2011-0275;
FMCSA-2011-0276]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
12 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective December 22, 2013. Comments must be
received on or before December 12, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2005-
23238; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2010-0082; FMCSA-2011-
0140; FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011-0276], using any of
the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER>,

<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 12 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 12 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Donald G. Bostic (WV)
Anton Filic (TX)
Wesley V. Holland (NC)
Todd A. McBrain (OK)
Charles D. Oestreich (MN)
David M. Taylor (MO)
Bruce A. Cameron (ND)
Michael W. Gibbs (NC)
Frank E. Johnson, Jr. (FL)
Robert E. Morgan, Jr. (GA)
Victor C. Richert (OR)
James D. Zimmer (OH)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 12 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (71 FR 5105; 71 FR 19600; 72 FR 39879; 72 FR 52419; 72 FR
58362; 72 FR 67344; 73 FR 52456; 74 FR 41971; 74 FR 53581; 74 FR 57553;
75 FR 25917; 75 FR 39727; 76 FR 32016; 76 FR 37169; 76 FR 49528; 76 FR
50318; 76 FR 54530; 76 FR 61143; 76 FR 64164; 76 FR 67248; 76 FR 70212;
76 FR 75940; 76 FR 79761). Each of these 12 applicants has requested
renewal of the exemption and has submitted evidence showing that the
vision in the better eye continues to meet the requirement specified at
49 CFR 391.41(b)(10) and that the vision impairment is stable. In
addition, a review of each record of safety while driving with the
respective vision deficiencies over the past two years indicates each
applicant continues to meet the vision exemption requirements. These
factors provide an adequate basis for predicting each driver's ability
to continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of two years is likely to achieve a level of safety equal to
that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by December 12, 2013.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 12 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2005-23238; FMCSA-
2007-27897; FMCSA-2007-29019; FMCSA-2010-0082; FMCSA-2011-0140; FMCSA-
2011-0142; FMCSA-2011-0275; FMCSA-2011-0276 and click the search
button. When the new screen appears, click on the blue ``Comment Now!''
button on the right hand side of the page. On the new page, enter
information required including the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. If you submit your comments by mail or hand 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 comments 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 and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2005-23238; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2010-0082;
FMCSA-2011-0140; FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011-0276 and
click ``Search.'' Next, click ``Open Docket Folder'' and you will find
all documents and comments related to the proposed rulemaking.

    Dated: November 1, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-26938 Filed 11-8-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Rules and Regulations]
[Pages 2523-2525]
[FR Doc No: 2023-00665]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-1004]
RIN 1625-AA00

Safety Zones; Delaware River Dredging, Marcus Hook, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two temporary safety zones on
the waters of the Delaware River in portions of Marcus Hook Range and
Anchorage 7, off Marcus Hook Range. The safety zones temporarily
restrict vessel traffic from transiting or anchoring in portions of the
Delaware River while maintenance dredging is being conducted within the
Delaware River. The safety zones are needed to protect personnel,
vessels, and the marine environment from hazards created by dredging
operations. Entry of vessels or persons into these zones is prohibited
unless specifically authorized by the COTP or his designated
representatives.

DATES: This rule is effective without actual notice from January 17,
2023 through April 15, 2023. For the purposes of enforcement, actual
notice will be used from January 10, 2023 until January 17, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-1004 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Dylan Caikowski, Waterways Management
Branch, U.S. Coast Guard Sector Delaware Bay; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency, for good cause, finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable and
contrary to the public interest. There is insufficient time to allow
for a reasonable comment period prior to the start date for dredging
operations. The rule must be in force by January 10, 2023 to serve its
purpose of ensuring the safety of the public from hazards associated
with dredging operations, such as submerged and floating pipeline,
booster pumps, head sections and vessels with a restricted ability to
maneuver.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that there
are potential hazards associated with dredging operations. The purpose
of this rulemaking is to ensure the safety of personnel, vessels, and
the marine environment within a 250-yard radius of dredging operations
and all associated pipeline and equipment.

IV. Discussion of the Rule

    This rule establishes two safety zones from January 10, 2023,
through April 15, 2023. The safety zones are necessary to facilitate
annual maintenance dredging of the Delaware River in the vicinity of
Marcus Hook Range and Anchorage 7 off Marcus Hook Range (as described
in 33 CFR 110.157(a)(8)). Dredging will most likely be conducted with
the dredge ESSEX, though other dredges may be used, along with
associated dredge pipeline and boosters. The pipeline consists of a
combination of floating hoses immediately behind the dredge and
submerged pipeline leading to upland disposal areas. Due to the hazards
related to dredging operations, the associated pipeline and the
location of submerged pipeline, safety zones are being established in
the following areas:
    (1) Safety zone one includes all navigable waters within 250 yards
of the

dredge displaying lights and shapes for vessels restricted in ability
to maneuver as described in 33 CFR 83.27, and all related dredge
equipment when the dredge is operating in Marcus Hook Range, and
Anchorage 7. This safety zone is being established for the duration of
the maintenance project. Vessels requesting to transit the safety zone
must contact the dredge on VHF channel 13 or 16 at least 1 hour prior
to arrival to arrange safe passage. At least one side of the main
navigational channel will be kept clear for safe passage of vessels in
the vicinity of the safety zone. At no time will the entire main
navigational channel be closed to vessel traffic. Vessels should avoid
meeting in these areas where one side of the main navigational channel
is open and proceed per this rule and the Rules of the Road (33 CFR
subchapter E).
    (2) Safety zone two includes all the waters of Anchorage 7 off
Marcus Hook Range, as described in 33 CFR 110.157(a)(8). Vessels
wishing to anchor in Anchorage 7 off Marcus Hook Range while this rule
is in effect must obtain permission from the COTP at least 24 hours in
advance by calling<PHONE_NUMBER>. Vessels requesting permission to
anchor within Anchorage 7 off Marcus Hook must be at least 650 feet in
overall length. The COTP will permit, at maximum, only one vessel to
anchor at a time, on a ``first-come, first-served'' basis. Vessels will
only be allowed to anchor for a 12 hour period. Vessels that require an
examination by the Public Health Service, Customs, or Immigration
authorities will be directed to an anchorage by the COTP for the
required inspection. Vessels are encouraged to use Anchorage 9 near the
entrance to Mantua Creek, Anchorage 10 at Naval Base, Philadelphia, and
Anchorage 6 off Deepwater Point Range as alternative anchorages.
    Preference is being given to vessels at least 650 feet in length in
Anchorage 7 while this rule is in effect, because vessels of this size
are limited in their ability to utilize other anchorages due to draft.
Smaller vessels maintain a host of other options to include, but are
not limited to, Anchorage 9 and 10 as recommended above.
    Entry into, transiting, or anchoring within safety zone one is
prohibited unless vessels obtain permission from the COTP or make
satisfactory passing arrangements with the operating dredge per this
rule and the Rules of the Road (33 CFR subchapter E). The COTP may
issue updates regarding the vessel and equipment being utilized for
these dredging operations via Marine Safety Information Bulletin and
Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on size, location,
duration, and traffic management of the safety zones. The safety zones
will be enforced in an area and in a manner that does not conflict with
transiting commercial and recreational traffic. At least one side of
the main navigational channel will be open for vessels to transit at
all times. Moreover, the Coast Guard will work in coordination with the
pilots to ensure vessel traffic can transit the area safely.
    Although this regulation will restrict access to regulated areas,
the effect of this rule will not be significant because there are a
number of alternate anchorages available for vessels to anchor.
Furthermore, vessels may transit through the safety zones with the
permission of the COTP or make satisfactory passing arrangements with
the dredge ESSEX, or other dredge(s) that may be used in accordance
with this rule and the Rules of the Road (33 CFR subchapter E). The
Coast Guard will notify the maritime public about the safety zones
through maritime advisories, allowing mariners to alter their plans
accordingly.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves two
safety zones to protect waterway users that would prohibit entry within
250 yards of dredging operations and will close only one side of the
main navigation channel. Vessels can request permission to enter the
channel. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T05-1004, to read as follows.

Sec.  165.T05-1004  Safety Zones, Delaware River Dredging; Marcus Hook,
PA.

    (a) Location. The following areas are safety zones: (1) Safety zone
one includes all waters within 250 yards of the dredge displaying
lights and shapes for vessels restricted in ability to maneuver as
described in 33 CFR 83.27, as well as all related dredge equipment,
while the dredge is operating in Marcus Hook Range. For enforcement
purposes Marcus Hook Range includes all navigable waters of the
Delaware River shoreline to shoreline, bound by a line drawn
perpendicular to the center line of the channel at the farthest upriver
point of the range to a line drawn perpendicular to the center line of
the channel at the farthest downriver point of the range.
    (2) Safety zone two includes all the waters of Anchorage 7 off
Marcus Hook Range, as described in 33 CFR 110.157(a)(8) and depicted on
U.S. Nautical Chart 12312.
    (b) Definitions. As used in this section--
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port to assist with enforcement of the safety zone described in
paragraph (a) of this section.
    (c) Regulations. (1) Entry into or transiting within the safety
zone one is prohibited unless vessels obtain permission from the
Captain of the Port via VHF-FM channel 16 or<PHONE_NUMBER>, or make
satisfactory passing arrangements via VHF-FM channel 13 or 16 with the
operating dredge per this section and the rules of the Road (33 CFR
subchapter E). Vessels requesting to transit shall contact the
operating dredge via VHF-FM channel 13 or 16 at least 1 hour prior to
arrival.
    (2) Vessels desiring to anchor in safety zone two, Anchorage 7 off
Marcus Hook Range, must obtain permission from the COTP at least 24
hours in advance by calling<PHONE_NUMBER>. The COTP will permit, at
maximum, one vessel at a time to anchor on a ``first-come, first-
served'' basis. Vessels will only be allowed to anchor for a 12 hour
period. Vessels that require an examination by the Public Health
Service, Customs, or Immigration authorities will be directed to an
anchorage for the required inspection by the COTP.
    (3) Vessels desiring to anchor in safety zone two, Anchorage 7 off
Marcus Hook Range, must be at least 650 feet in length overall.
    (4) This section applies to all vessels except those engaged in the
following operations: enforcement of laws, service of aids to
navigation, and emergency response.
    (d) Enforcement. The U.S. Coast Guard may be assisted by federal,
state and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This rule will be enforced from January 10,
2023, through April 15, 2023, unless cancelled earlier by the Captain
of the Port.

    Dated: January 10, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard Captain of the Port, Delaware Bay.
[FR Doc. 2023-00665 Filed 1-13-23; 8:45 am]
BILLING CODE 9110-04-P