[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42237-42243]
[FR Doc No: 2023-14073]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2023-0277]
RIN 1625-AA00

Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer
Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic
Ocean

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 63 temporary 500-meter safety
zones around the construction of 62 wind turbine generators (WTGs) and
one electrical service platform (ESP) located in the Vineyard Wind 1
Wind Farm (VW1WF) project area within federal waters on the Outer
Continental Shelf (OCS), specifically in the northern portion of Bureau
of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A
0501, approximately 12 nautical miles (NM) offshore of Martha's
Vineyard, Massachusetts and 12 NM offshore Nantucket, Massachusetts.
This action is necessary to provide for the safety of life, property,
and the environment during the planned construction of each facility's
monopile type foundation and subsequent installation of the WTGs
turbines and ESP platform from June 27, 2023, to May 31, 2024. When
enforced, only attending vessels and those vessels specifically
authorized by the First Coast Guard District Commander, or a designated
representative, are permitted to enter or remain in the temporary
safety zones.

DATES: This rule is effective without actual notice from June 30, 2023,
through 11:59 p.m. on May 31, 2024. For the purposes of enforcement,
actual notice will be used from June 27, 2023, until June 30, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0277 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 about this
rulemaking, call or email Mr. Craig Lapiejko, Waterways Management, at
Coast Guard First District, telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

BOEM Bureau of Ocean Energy Management
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DD Degrees Decimal
DHS Department of Homeland Security
EIS Environmental Impact Statement
FR Federal Register
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
OSS Offshore Substation
LNM Local Notice to Mariners
NAD 83 North American Datum of 1983
NM Nautical Mile
Sec.  Section
SMIB Safety Marine Information Broadcast
U.S.C. United States Code
WTG Wind Turbine Generator
VHF-FM Very High Frequency--Frequency Modulation
VW1WF Vineyard Wind 1 Wind Farm

II. Background, Purpose, and Legal Basis

    On March 15, 2023, Vineyard Wind, LLC, an offshore wind farm
developer, notified the Coast Guard that they plan to begin
construction of facilities in the VW1WF project area within federal
waters on the OCS, specifically in the northern portion of BOEM
Renewable Energy Lease Area OCS-A 0501, approximately 12 NM offshore
Martha's Vineyard, Massachusetts and 12 NM offshore Nantucket,
Massachusetts in June 2023.
    After determining that establishment of safety zones was necessary
to provide for the safety of life, property, and the environment during
the anticipated construction of the structures, on May 3, 2023, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer
Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic
Ocean'' (88 FR 27839). There we explained the basis for the NPRM and
invited comments on our proposed regulatory action related to the
establishment of safety zones around the construction of 62 WTGs and
one ESP located in the VW1WF project area. Five comments were received
during the comment period that ended June 2, 2023.
    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. The comment period for the NPRM
associated with the VW1WF project area ended on June 2, 2023, and
construction for the project has already begun. Thus, there is
insufficient time to allow for 30-days before the rule becomes
effective. Delaying the effective date of this rule would be
impracticable because immediate action is needed to respond to the
potential safety risks associated with the extremely complex and
unusually hazardous construction of these OCS facilities including
hydraulic pile driving hammer operations, heavy lift operations,
overhead cutting operations, potential falling debris, increased vessel
traffic, and stationary barges in close proximity to the facilities and
each other.
    Based on these circumstances, the First Coast Guard District
Commander has determined that establishment of 63 safety zones through
rulemaking is warranted to ensure the safety of life, property, and the
environment within a 500-meter radius of each of the 63 facilities
during their construction.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority provided
in 14 U.S.C. 544, 43 U.S.C. 1333, and Department of Homeland Security
(DHS) Delegation No. 00170.1, Revision No. 01.3. As an implementing
regulation of this authority, 33 CFR part 147 permits the establishment
of safety zones for non-mineral energy resource permanent or temporary
structures located on the OCS for the purpose of protecting life and
property on the facilities, appurtenances and attending vessels, and on
the adjacent waters within the safety zone (see 33 CFR 147.10).
Accordingly, a safety zone established under 33 CFR part 147 may also
include provisions to restrict, prevent, or control certain activities,
including access by vessels or persons to maintain safety of life,
property, and the environment.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, the Coast Guard received five public comments on
the NPRM published May 3, 2023. All five commenters expressed general
opposition to wind farm construction.

Three commenters expressed specific opposition to the proposed rule and
the enforcement of safety zones around construction. Two commenters
questioned Coast Guard's authority to establish safety zones on the
Outer Continental Shelf and stated concerns that impact of safety zones
was not analyzed by BOEM during the VW1WF Final Environmental Impact
Statement (EIS) process. We provide a detailed discussion of those
comments below.
    First, the Coast Guard is issuing this rule under the authority
provided in 14 U.S.C. 544, 43 U.S.C. 1333, and Department of Homeland
Security (DHS) Delegation No. 00170.1, Revision No. 01.3. On January 1,
2021, Congress enacted the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (NDAA), Public Law 116-283, 134
Stat. 3388. Section 9503 of the NDAA amended Section 4(a)(1) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) to
specifically include non-mineral energy resources. On January 11, 2023,
the Coast Guard published a final rule titled ``Safety Zones; Technical
and Conforming Amendments'' (88 FR 1511), which made non-substantive
technical and conforming amendments to the Code of Federal Regulations
(CFR) at part 147. That rule enabled the Coast Guard to place safety
zones for non-mineral energy resource facilities on the Outer
Continental Shelf in part 147 where other OCS safety zone regulations
are located.
    As an implementing regulation of this authority, 33 CFR part 147
permits the establishment of safety zones for non-mineral energy
resource permanent or temporary structures located on the OCS for the
purpose of protecting life and property on the facilities,
appurtenances and attending vessels, and on the adjacent waters within
the safety zone (see 33 CFR 147.10). Accordingly, a safety zone
established under 33 CFR part 147 may also include provisions to
restrict, prevent, or control certain activities, including access by
vessels or persons to maintain safety of life, property, and the
environment.
    Second, while the safety zones were not analyzed by BOEM during the
EIS process, the Coast Guard has 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's compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f). The Coast
Guard has determined that the action is one of a category of actions
that do not individually or cumulatively have a significant effect on
the human environment. This rule establishes a safety zone around an
OCS facility to protect life, property, and the marine environment and
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 subject docket. For instructions on locating the
docket, see the ADDRESSES section of the preamble.
    One commenter disagreed with the finding of no significant economic
impact on small entities. While this rule may affect some owners or
operators of small entities, the Coast Guard believes these safety
zones will have a minimal economic impact because the safety zones are
temporarily enforced, allow for deviation requests, and do not
significantly impact transits. Vessels will only be prohibited from the
regulated zone during periods of actual construction activity. The
Coast Guard anticipates the enforcement period at each location to last
approximately 48 hours. Vessel traffic will be able to pass safely
around each safety zone using an alternate route. Use of an alternate
route will likely cause minimal delay for vessels in reaching their
destination depending on other traffic in the area and vessel speeds.
Vessels will be permitted to request deviations from this rule to
transit through a safety zone. Such requests would be considered on a
case by case basis and may be authorized by the First Coast Guard
District Commander.
    That same commenter expressed concerns about the effective date of
the safety zones not aligning with the dates and timing of actual
construction and that there is nothing preventing the Coast Guard from
enacting future exclusion zones.
    Although the Coast Guard has been aware of the VW1WF project area
for several years, the Coast Guard was only recently granted the
authority to establish safety zones for non-mineral energy resource
facilities on the Outer Continental Shelf. The Coast Guard was notified
of the estimated construction details on March 15, 2023, and was
notified of the exact construction commencement date after the NPRM was
published. The Coast Guard views public participation as essential to
effective rulemaking and determined that it was in the public interest
to open the comment period. The 63 safety zones established by this
rule are intended to be temporary and are enforceable only through May
31, 2024. If the project is completed before May 31, 2024, enforcement
of the safety zones will be suspended, and notice will be provided via
Local Notice to Mariners. The implementation of additional safety zones
would require additional notice and comment rulemaking.
    One commenter offered two recommendations for the Coast Guard to
consider when establishing temporary safety zones.
    First, the commenter recommended additional means of making notice
of each enforcement period. Recommendations included: directly
notifying local commercial fishing organizations, creating a dedicated
web page, and requiring vessel on-scene during all construction
activities whose sole role is to patrol the area and ensure vessels are
aware of the safety zone. As stated in the proposed rule, the Coast
Guard will make notice of each enforcement period via the First Coast
Guard District Local Notice to Mariners (LNM). The LNM has historically
been the primary means for disseminating information concerning aids to
navigation, hazards to navigation, and other marine information of
interest to mariners on the waters of the United States. The First
Coast Guard District LNM is available online and can be found at its
dedicated website at https://www.navcen.uscg.gov. Notices are published
weekly. Interested parties may subscribe to receive email updates at
https://service.govdelivery.com/accounts/USDHSCG/subscriber/new?topic_id=USDHSCG_65. The Coast Guard believes the use of the LNM to
be the most efficient means to distribute information concerning
enforcement periods for these safety zones.
    The proposed rule stated that the Coast Guard would issue a
Broadcast Notice to Mariners (BNM) via marine channel 16 (VHF-FM) as
soon as practicable in response to an emergency or hazardous condition.
The Coast Guard now offers an online subscription service in addition
to the standard VHF BNM broadcasts which, traditionally, was the only
method to receive this vital navigational information. Mariners may now
use a subscription service to plan for underway periods and can receive
updates to navigational hazards in near-real-time without waiting on
scheduled VHF broadcasts. Sign up to receive BNMs via email for your
waterway at https://www.navcen.uscg.gov/subscribe-email-rss-feeds.
    The Coast Guard will also issue Safety Marine Information
Broadcasts (SMIB) via marine channel 16 (VHF-FM) for each Safety Zone
starting an hour before

and broadcasting four times per day for the duration of the safety zone
and Marine Safety Information Bulletins (MSIB) are distributed via
email. MSIBs will also be posted on Coast Guard Sector Southeastern New
England's Homeport at https://homeport.uscg.mil/port-directory/southeastern-new-england-(providence).
    Additionally, Vineyard Wind will provide dedicated safety and scout
vessels on scene to provide advisory information.
    Second, the commenter recommended the definition of a designated
representative be expanded if requests to deviate from the rule to
transit through a safety zone becomes time consuming. Specifically, the
recommendation was to expand the definition of ``designated
representative'' to account for need to process rule deviations in a
timely manner. The Coast Guard does not anticipate delays from our
designated representatives. Upon further examination, the Coast Guard
believes that the current definition of ``designated representative''
should be maintained. Based on the particular details of this offshore
construction project, including the short duration of the enforcement
period (approximately 48 hours during active construction), the more
distant offshore location which sees less vessel traffic, and the types
of large vessels that are most likely to navigate in the vicinity of
the safety zones (commercial shipping, fishing, and tugs with tows),
the Coast Guard finds no compelling necessity to broaden representative
designation or the authority to permit passage through and around the
safety zones. Maintaining designation to Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the First Coast Guard District Commander in
the enforcement of the safety zones will ensure consistent application.
    The First Coast Guard District has factored applicable statutes and
regulations into the subject rule. Applicable authorities are cited in
section III. of this document.
    After considering the comments discussed above, the Coast Guard
determined that no additional changes should be made to the regulatory
text. The rule ensures consistency, sufficient notice, and improved
safety while minimizing impact on vessel transit.
    There is one change to the regulatory text of this rule from the
proposed rule in the NPRM to account for the delay in the effective
date.
    This rule establishes 63 temporary 500-meter safety zones around
the construction of 62 WTGs and one ESP on the OCS from June 27, 2023,
through 11:59 p.m. on May 31, 2024.
    The construction of these facilities is expected to take place in
mixed phases alternating between the installation of several monopile
type foundations followed by the installation of the upper structures
then repeating this process throughout the project area until all 63
facilities have been completed. The 63 temporary safety zones would be
enforced individually as construction progresses from one structure
location to the next throughout the entire process for a period lasting
approximately 48 hours. The Coast Guard will make notice of each
enforcement period via the Local Notice to Mariners and issue a
Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as soon as
practicable in response to an emergency or hazardous condition. The
Coast Guard is publishing this rulemaking to be effective, and
enforceable, through May 31, 2024, to encompass any construction delays
due to weather or other unforeseen circumstances. If the project is
completed before May 31, 2024, enforcement of the safety zones would be
suspended, and notice given via Local Notice to Mariners.
    Additional information about the construction process of the VW1WF
can be found at https://www.boem.gov/vineyard-wind.
    The 63 temporary 500-meter safety zones around the construction of
62 WTGs and one ESP are in the VW1WF project area, specifically in the
northern portion of BOEM Renewable Energy Lease Area OCS-A 0501,
approximately 12 NM offshore of Martha's Vineyard, Massachusetts and 12
NM offshore Nantucket, Massachusetts, within federal waters on the OCS.
    The positions of each individual safety zone will be referred to
using a unique alpha-numeric naming convention outlined in the ``Rhode
Island and Massachusetts Structure Labeling Plot (West).'' \1\
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    \1\ The Rhode Island and Massachusetts Structure Labeling Plot
(West) is an attachment to the Conditions of Construction and
Operations Plan Approval Lease Number OCS-A 0517 (boem.gov) and can
be found at https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/SFWF-COP-Terms-and-Conditions.pdf.
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    Aligning with authorities under 33 CFR 147.15, the safety zones
will include the area within 500-meters of the center point of the
positions provided in the table below expressed in Decimal Degrees (DD)
based on North American Datum 1983 (NAD 83).

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                 Name                              Facility type                            Latitude                              Longitude
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AL38.................................  WTG                                    N 41.1370161                          W -70.4638911
AM37.................................  ESP                                    N 41.1200616                          W -70.4851682
AM38.................................  WTG                                    N 41.1203387                          W -70.4635204
AM39.................................  WTG                                    N 41.1206168                          W -70.4414663
AN36.................................  WTG                                    N 41.1030927                          W -70.5072461
AN37.................................  WTG                                    N 41.1033791                          W -70.4851982
AN38.................................  WTG                                    N 41.1036612                          W -70.4631500
AN39.................................  WTG                                    N 41.1039392                          W -70.4411014
AP35.................................  WTG                                    N 41.0861251                          W -70.5289069
AP36.................................  WTG                                    N 41.0864155                          W -70.5068649
AP37.................................  WTG                                    N 41.0867017                          W -70.4848226
AP38.................................  WTG                                    N 41.0869837                          W -70.4627799
AP39.................................  WTG                                    N 41.0872615                          W -70.4407369
AP40.................................  WTG                                    N 41.0875351                          W -70.4186937
AP41.................................  WTG                                    N 41.0878044                          W -70.3966501
AQ34.................................  WTG                                    N 41.0691535                          W -70.5505566
AQ35.................................  WTG                                    N 41.0694480                          W -70.5285205
AQ36.................................  WTG                                    N 41.0697382                          W -70.5064840
AQ37.................................  WTG                                    N 41.0700243                          W -70.4844472
AQ38.................................  WTG                                    N 41.0703061                          W -70.4624101
AQ39.................................  WTG                                    N 41.0705837                          W -70.4403727

AQ40.................................  WTG                                    N 41.0708571                          W -70.4183350
AQ41.................................  WTG                                    N 41.0711263                          W -70.3962970
AQ42.................................  WTG                                    N 41.0713913                          W -70.3742587
AR33.................................  WTG                                    N 41.0521781                          W -70.5721951
AR34.................................  WTG                                    N 41.0524766                          W -70.5501649
AR35.................................  WTG                                    N 41.0527709                          W -70.5281343
AR36.................................  WTG                                    N 41.0530609                          W -70.5061034
AR37.................................  WTG                                    N 41.0533468                          W -70.4840722
AR38.................................  WTG                                    N 41.0536285                          W -70.4620407
AR39.................................  WTG                                    N 41.0539059                          W -70.4400088
AR40.................................  WTG                                    N 41.0541792                          W -70.4179767
AR41.................................  WTG                                    N 41.0544482                          W -70.3959442
AR42.................................  WTG                                    N 41.0547130                          W -70.3739115
AS32.................................  WTG                                    N 41.0351987                          W -70.5938225
AS33.................................  WTG                                    N 41.0355012                          W -70.5717982
AS34.................................  WTG                                    N 41.0357995                          W -70.5497735
AS35.................................  WTG                                    N 41.0360937                          W -70.5277485
AS36.................................  WTG                                    N 41.0363836                          W -70.5057231
AS37.................................  WTG                                    N 41.0366693                          W -70.4836975
AS38.................................  WTG                                    N 41.0369508                          W -70.4616715
AS39.................................  WTG                                    N 41.0372281                          W -70.4396452
AS40.................................  WTG                                    N 41.0375012                          W -70.4176186
AS41.................................  WTG                                    N 41.0377701                          W -70.3955918
AS42.................................  WTG                                    N 41.0380347                          W -70.3735646
AT33.................................  WTG                                    N 41.0188243                          W -70.5714016
AT34.................................  WTG                                    N 41.0191225                          W -70.5493824
AT35.................................  WTG                                    N 41.0194164                          W -70.5273630
AT36.................................  WTG                                    N 41.0197062                          W -70.5053432
AT37.................................  WTG                                    N 41.0199917                          W -70.4833231
AT38.................................  WTG                                    N 41.0202731                          W -70.4613027
AT39.................................  WTG                                    N 41.0205502                          W -70.4392819
AT40.................................  WTG                                    N 41.0208231                          W -70.4172609
AT41.................................  WTG                                    N 41.0210918                          W -70.3952396
AU36.................................  WTG                                    N 41.0030287                          W -70.5049636
AU37.................................  WTG                                    N 41.0033141                          W -70.4829490
AU38.................................  WTG                                    N 41.0035953                          W -70.4609341
AU39.................................  WTG                                    N 41.0038722                          W -70.4389190
AU40.................................  WTG                                    N 41.0041450                          W -70.4169035
AV37.................................  WTG                                    N 40.9866364                          W -70.4825752
AV38.................................  WTG                                    N 40.9869174                          W -70.4605659
AV39.................................  WTG                                    N 40.9871942                          W -70.4385563
AW38.................................  WTG                                    N 40.9702395                          W -70.4601980
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    When enforced, no unauthorized vessel or person would be permitted
to enter the safety zone without obtaining permission from the First
Coast Guard District Commander or a designated representative. Requests
for entry into the safety zone would be considered and reviewed on a
case-by-case basis. Persons or vessels seeking to enter the safety zone
must request authorization from the First Coast Guard District
Commander or designated representative via VHF-FM channel 16 or by
phone at<PHONE_NUMBER> (First Coast Guard District Command Center). If
permission is granted, all persons and vessels shall comply with the
instructions of the First Coast Guard District Commander or designated
representative.
    The regulatory text appears at the end of this document.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. A summary of our analyses based
on these statutes and Executive orders follows.

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 as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the
rule has not been reviewed by the Office of Management and Budget
(OMB).
    Aligning with 33 CFR 147.15, the established safety zones will
extend to a maximum distance of 500-meters around the OCS facility
measured from its center point. Vessel traffic will be able to safely
transit around the safety zones, which would impact a small, designated
area in the Atlantic Ocean, without significant impediment to their
voyage. This safety zone will provide for the safety of life, property,
and the environment during the construction of each structure, in
accordance with Coast Guard maritime safety missions.

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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant

economic impact on a substantial number of small entities.
    This rule may affect owners or operators of vessels intending to
transit or anchor in the VW1WF, some of which might be small entities.
However, these safety zones will not have a significant economic impact
on a substantial number of these entities because they are temporarily
enforced, allow for deviation requests, and do not impact vessel
transit significantly. Regarding the enforcement period, although these
safety zones will be in effect from June 27, 2023, through May 31,
2024, vessels will only be prohibited from the regulated zone during
periods of actual construction activity in correspondence to the period
of enforcement. We expect the enforcement period at each location to
last approximately 48 hours as construction progresses from one
structure location to the next throughout the mixed phases.
Additionally, vessel traffic could pass safely around each safety zone
using an alternate route. Use of an alternate route likely will cause
minimal delay for the vessel in reaching their destination depending on
other traffic in the area and vessel speed. Vessels will also be able
to request deviation from this rule to transit through a safety zone.
Such requests would be considered on a case by-case basis and may be
authorized by the First Coast Guard District Commander or a designated
representative. For these reasons, the Coast Guard expects any impact
of this rulemaking establishing a temporary safety zone around these
OCS facilities to be minimal and have no significant economic impact on
small entities.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist all small
entities in understanding this temporary final 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 temporary final 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 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.

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 temporary final rule
will not result in such an expenditure, we do discuss the potential
effects of this temporary final rule elsewhere in this preamble.

F. Environment

    We have analyzed this final 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 the establishment of safety zones
around an OCS facility to protect life, property, and the marine
environment. 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 147

    Continental shelf, Marine safety, Navigation (waters).

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

    Authority:  14 U.S.C. 544; 43 U.S.C. 1333; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3.

0
2. Add Sec.  147.T01-0277 to read as follows:

Sec.  147.T01-0277  Safety Zones; Vineyard Wind 1 Wind Farm Project
Area, Outer Continental Shelf, Lease OCS-A 0501, Offshore
Massachusetts, Atlantic Ocean.

    (a) Description. The area within 500-meters of the center point of
the positions provided in the following table is a safety zone:

                                                                Table 1 to Paragraph (a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Name                             Facility type                             Latitude                              Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
AL38...............................  WTG                                    N 41.1370161                           W -70.4638911
AM37...............................  ESP                                    N 41.1200616                           W -70.4851682
AM38...............................  WTG                                    N 41.1203387                           W -70.4635204
AM39...............................  WTG                                    N 41.1206168                           W -70.4414663
AN36...............................  WTG                                    N 41.1030927                           W -70.5072461
AN37...............................  WTG                                    N 41.1033791                           W -70.4851982
AN38...............................  WTG                                    N 41.1036612                           W -70.4631500
AN39...............................  WTG                                    N 41.1039392                           W -70.4411014
AP35...............................  WTG                                    N 41.0861251                           W -70.5289069
AP36...............................  WTG                                    N 41.0864155                           W -70.5068649
AP37...............................  WTG                                    N 41.0867017                           W -70.4848226
AP38...............................  WTG                                    N 41.0869837                           W -70.4627799
AP39...............................  WTG                                    N 41.0872615                           W -70.4407369
AP40...............................  WTG                                    N 41.0875351                           W -70.4186937
AP41...............................  WTG                                    N 41.0878044                           W -70.3966501
AQ34...............................  WTG                                    N 41.0691535                           W -70.5505566
AQ35...............................  WTG                                    N 41.0694480                           W -70.5285205
AQ36...............................  WTG                                    N 41.0697382                           W -70.5064840
AQ37...............................  WTG                                    N 41.0700243                           W -70.4844472
AQ38...............................  WTG                                    N 41.0703061                           W -70.4624101
AQ39...............................  WTG                                    N 41.0705837                           W -70.4403727
AQ40...............................  WTG                                    N 41.0708571                           W -70.4183350
AQ41...............................  WTG                                    N 41.0711263                           W -70.3962970
AQ42...............................  WTG                                    N 41.0713913                           W -70.3742587
AR33...............................  WTG                                    N 41.0521781                           W -70.5721951
AR34...............................  WTG                                    N 41.0524766                           W -70.5501649
AR35...............................  WTG                                    N 41.0527709                           W -70.5281343
AR36...............................  WTG                                    N 41.0530609                           W -70.5061034
AR37...............................  WTG                                    N 41.0533468                           W -70.4840722
AR38...............................  WTG                                    N 41.0536285                           W -70.4620407
AR39...............................  WTG                                    N 41.0539059                           W -70.4400088
AR40...............................  WTG                                    N 41.0541792                           W -70.4179767
AR41...............................  WTG                                    N 41.0544482                           W -70.3959442
AR42...............................  WTG                                    N 41.0547130                           W -70.3739115
AS32...............................  WTG                                    N 41.0351987                           W -70.5938225
AS33...............................  WTG                                    N 41.0355012                           W -70.5717982
AS34...............................  WTG                                    N 41.0357995                           W -70.5497735
AS35...............................  WTG                                    N 41.0360937                           W -70.5277485
AS36...............................  WTG                                    N 41.0363836                           W -70.5057231
AS37...............................  WTG                                    N 41.0366693                           W -70.4836975
AS38...............................  WTG                                    N 41.0369508                           W -70.4616715
AS39...............................  WTG                                    N 41.0372281                           W -70.4396452
AS40...............................  WTG                                    N 41.0375012                           W -70.4176186
AS41...............................  WTG                                    N 41.0377701                           W -70.3955918
AS42...............................  WTG                                    N 41.0380347                           W -70.3735646
AT33...............................  WTG                                    N 41.0188243                           W -70.5714016
AT34...............................  WTG                                    N 41.0191225                           W -70.5493824
AT35...............................  WTG                                    N 41.0194164                           W -70.5273630
AT36...............................  WTG                                    N 41.0197062                           W -70.5053432
AT37...............................  WTG                                    N 41.0199917                           W -70.4833231
AT38...............................  WTG                                    N 41.0202731                           W -70.4613027
AT39...............................  WTG                                    N 41.0205502                           W -70.4392819
AT40...............................  WTG                                    N 41.0208231                           W -70.4172609
AT41...............................  WTG                                    N 41.0210918                           W -70.3952396
AU36...............................  WTG                                    N 41.0030287                           W -70.5049636
AU37...............................  WTG                                    N 41.0033141                           W -70.4829490
AU38...............................  WTG                                    N 41.0035953                           W -70.4609341
AU39...............................  WTG                                    N 41.0038722                           W -70.4389190
AU40...............................  WTG                                    N 41.0041450                           W -70.4169035
AV37...............................  WTG                                    N 40.9866364                           W -70.4825752
AV38...............................  WTG                                    N 40.9869174                           W -70.4605659
AV39...............................  WTG                                    N 40.9871942                           W -70.4385563
AW38...............................  WTG                                    N 40.9702395                           W -70.4601980
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the First
Coast Guard District Commander in the enforcement of the safety zones.
    (c) Regulations. No vessel may enter or remain in the safety zones
described in paragraph (a) of this section except for the following:

    (1) An attending vessel as defined in Sec.  147.20; and
    (2) A vessel authorized by the First Coast Guard District Commander
or a designated representative.
    (d) Request for permission. Persons or vessels seeking to enter the
safety zone must request authorization from the First Coast Guard
District Commander or a designated representative. If permission is
granted, all persons and vessels must comply with lawful instructions
of the First Coast Guard District Commander or designated
representative via VHF-FM channel 16 or by phone at<PHONE_NUMBER> (First
Coast Guard District Command Center).
    (e) Effectiveness and enforcement periods. This section is in
effect from June 27, 2023, through 11:59 p.m. on May 31, 2024. But it
will only be enforced during active construction or other instances
which may cause a hazard to navigation deemed necessary by the First
Coast Guard District Commander. The First Coast Guard District
Commander will make notification of the exact dates and times in
advance of each enforcement period for the locations in paragraph (a)
of this section to the local maritime community through the Local
Notice to Mariners and will issue a Broadcast Notice to Mariners via
marine channel 16 (VHF-FM) as soon as practicable in response to an
emergency. If the project is completed before May 31, 2024, enforcement
of the safety zones will be suspended, and notice given via Local
Notice to Mariners. The First Coast Guard District Local Notice to
Mariners can be found at https://www.navcen.uscg.gov.

    Dated: June 27, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-14073 Filed 6-29-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Notices]
[Pages 22297-22298]
[FR Doc No: 2021-08735]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2010-0180]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on April 7, 2021, the Denton
County Transit Authority (DCTA) petitioned the Federal Railroad
Administration (FRA) for an extension of a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR parts 229, Railroad Locomotive Safety Standards; 231,
Railroad Safety Appliance Standards; 238, Passenger Equipment Safety
Standards; and 239, Passenger Train Emergency Preparedness. The
relevant FRA Docket Number is FRA-2010-0180.
    Specifically, DCTA is requesting an extension of its existing
relief from the following regulations:
     49 CFR 229.31, Main reservoir tests; 229.47, Emergency
brake valve; 229.51, Aluminum main reservoirs; 229.71, Clearance above
top of rail; 229.135, Event recorders; and Appendix D, Criteria for
Certification of Crashworthy Event Recorder Memory Module;

     49 CFR 231.14, Passenger-train cars without end platforms;
     49 CFR 238.115, Emergency lighting; 238.121, Emergency
communication; 238.223, Locomotive fuel tanks; 238.305, Interior
calendar day mechanical inspection of passenger cars; 238.309, Periodic
brake equipment maintenance; and Appendix D, Requirements for External
Fuel Tanks on Tier I Locomotives; and
     49 CFR 239.101, Emergency preparedness plan.
    DCTA requests this extension of relief to continue operation of its
Stadler diesel multiple-unit vehicles, which were constructed to meet
European safety standards for crashworthiness and related safety
measures.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
    Communications received by June 11, 2021 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-08735 Filed 4-26-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Rules and Regulations]
[Page 15901]
[DOCID:fr26mr08-19]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0084]

Drawbridge Operation Regulations; Raritan River, Perth Amboy, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
NJTRO Bridge, across the Raritan River, mile 0.5, at Perth Amboy, New
Jersey. Under this temporary deviation the draw may remain in the
closed position on March 29 and 30, 2008, with a rain date of April 5
and 6, 2008, in the event of inclement weather. Vessels that can pass
under the draw without an opening may do so at all times. This
deviation is necessary to facilitate scheduled bridge maintenance.

DATES: This deviation is effective from March 29, 2008 through April 6,
2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0084 and are available online
at http:// www.regulations.gov. They are also available for inspection
or copying at two locations: The Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
the First Coast Guard District, Bridge Branch Office, One South Street,
New York, New York 10004, between 7 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joe Arca, Project Officer, First Coast
Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NJTRO Bridge, across the Raritan River,
mile 0.5, at Perth Amboy, New Jersey, has a vertical clearance in the
closed position of 8 feet at mean high water and 13 feet at mean low
water. The existing regulations are listed at 33 CFR 117.747.
    The owner of the bridge, New Jersey Transit Rail Operations
(NJTRO), requested a temporary deviation to facilitate scheduled
mechanical maintenance at the bridge.
    In order to perform the bridge maintenance the bridge must remain
in the closed position.
    Under this temporary deviation the NJTRO Bridge across the Raritan
River, mile 0.5, at Perth Amboy, New Jersey, need not open for the
passage of vessel traffic on March 29 and 30, 2008, with a rain date of
April 5 and 6, 2008, in the event inclement weather prevents the bridge
maintenance from being performed on the former date. Vessels that can
pass under the draw without a bridge opening may do so at all times.
    Should the bridge maintenance authorized by this temporary
deviation be completed before the end of the effective period published
in this notice, the Coast Guard will rescind the remainder of this
temporary deviation, and the bridge shall be returned to its normal
operating schedule. Notice of the above action shall be provided to the
public in the Local Notice to Mariners and the Federal Register, where
practicable.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: March 17, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
 [FR Doc. E8-6152 Filed 3-25-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Rules and Regulations]
[Pages 51867-51868]
[FR Doc No: 2022-18105]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0244; Airspace Docket No. 20-AWP-9]
RIN 2120-AA66

Modification of Class D and Class E Airspace and Establishment of
Class E Airspace; Camarillo, CA

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

ACTION: Final rule.

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

SUMMARY: This action modifies the Class E airspace, designated as an
extension to a Class D or Class E surface area, at Camarillo Airport,
Camarillo, CA. This action also removes the Camarillo very high
frequency omnidirectional range (VOR)/distance measuring equipment
(DME) from the airspace's legal description. Additionally, this action
establishes Class E airspace extending upward from 700 feet above the
surface. Lastly, this action makes administrative changes to the Class
D and Class E legal descriptions. These actions would ensure the safety
and management of visual flight rules (VFR) and instrument flight rules
(IFR) operations at the airport.

DATES: Effective 0901 UTC, November 3, 2022. The Director of the
Federal Register approves this incorporation by reference under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11,
Airspace Designations and Reporting Points, and publication of
conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, and subsequent amendments can be
viewed online at www.faa.gov/air_traffic/publications/. For further
information, you can contact the Airspace Policy Group, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Nathan A. Chaffman, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would modify the Class D and Class E airspace at Camarillo
Airport, Camarillo, CA, to support VFR and IFR operations at the
airport.

History

    The FAA published a notice of proposed rulemaking (NPRM) in the
Federal Register for FAA-2021-0244 (87 FR 34595; June 7, 2022) to
modify the Class E airspace designated as an extension to a Class D or
Class E surface area, establish Class E airspace beginning at 700 feet
above the surface, remove the Camarillo VOR/DME from the airspace's
legal description, and make administrative changes to the Class D and
Class E legal descriptions at Camarillo Airport, Camarillo, CA.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received. Class D, Class E4, and Class E5 airspace
designations are published in paragraphs 5000, 6004, and 6005,
respectively, of FAA Order JO 7400.11F, dated August 10, 2021, and
effective September 15, 2021, which is incorporated by reference in 14
CFR 71.1. The Class D and Class E airspace designations listed in this
document will be published subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 by modifying the Class E
airspace, designated as an extension to a Class D or Class E surface
area. This airspace area is east of the airport and is reduced to
properly contain IFR aircraft descending below 1,000 feet above the
surface. This action also removes the Camarillo VOR/DME navigational
aid (NAVAID) from the airspace's legal description. The NAVAID is not
required to define the airspace and removal of the NAVAID simplifies
the airspace's description.
    Additionally, this action establishes Class E airspace extending
upward from 700 feet above the surface. This airspace is designed to
contain arriving IFR aircraft descending below 1,500 feet above the
surface and departing IFR aircraft until they reach 1,200 feet above
the surface. Lastly, this action also makes several administrative
modifications to the Class D and Class E airspace's legal descriptions.
To match the FAA database, the geographic coordinates in the third line
of the Class E4 airspace's text header are modified to read lat.
``34[deg]12'50'' N, long. 119[deg]05'40'' W.'' Also, since Camarillo
Airport's Class D airspace abuts the Class D areas for Point Mugu Naval
Air Station and Oxnard Airports, the geographic coordinates at
Camarillo Airport's Class

D are updated to more accurately define the common borders of the Class
D areas, which do not represent a change to the current boundaries. The
Class D and Class E4 legal descriptions are updated to read ``Notice to
Air Missions'' in place of ``Notice to Airmen,'' to match the FAA's
current definition of the acronym ``NOTAM.'' Finally, the term
``Airport/Facility Directory'' in the last sentence of the Class D and
Class E4 airspace descriptions is updated to read ``Chart Supplement.''
    Class D, E4, and E5 airspace designations are published in
paragraphs 5000, 6004, and 6005, respectively, of FAA Order JO
7400.11F, dated August 10, 2021, and effective September 15, 2021,
which is incorporated by reference in 14 CFR 71.1. The Class D and
Class E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11. FAA Order JO 7400.11 is published
annually and becomes effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It therefore: (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT regulatory policies and procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a. This airspace action is not expected to cause any
potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant the preparation of an environmental
assessment.

List of Subjects in 14 CFR Part 71

    Airspace, incorporation by reference, navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the FAA amends 14 CFR part 71 as
follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 5000. Class D Airspace.

* * * * *

AWP CA D Camarillo, CA [Amended]

Camarillo Airport, CA
    (Lat. 34[deg]12'50'' N, long. 119[deg]05'40'' W)

    That airspace extending upward from the surface to and including
2,000 feet MSL within a 4.3-mile radius of the Camarillo Airport,
excluding that portion south and west of a line beginning at lat.
34[deg]09'18.02'' N, long. 119[deg]02'40.92'' W; to lat.
34[deg]10'34.70'' N, long. 119[deg]04'1.71'' W; to lat.
34[deg]10'22'' N, long. 119[deg]09'27'' W; to lat. 34[deg]15'38.75''
N, long. 119[deg]09'34.88'' W. This Class D airspace area is
effective during the specific dates and times established in advance
by a Notice to Air Missions. The effective date and time will
thereafter be continuously published in the Chart Supplement.

Paragraph 6004. Class E Airspace Areas Designated as an Extension
to a Class D or Class E Surface Area.

* * * * *

AWP CA E4 Camarillo, CA [Amended]

Camarillo Airport, CA
    (Lat. 34[deg]12'50'' N, long. 119[deg]05'40'' W)

    That airspace extending upward from the surface within 2.5 miles
each side of the 079[deg] bearing from the airport, extending from
the 4.3-mile radius to 8.2 miles east of the airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Air Missions. The effective
date and time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6005. Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP CA E5 Camarillo, CA [New]

Camarillo Airport, CA
    (Lat. 34[deg]12'50'' N, long. 119[deg]05'40'' W)

    That airspace extending upward from 700 feet above the surface
within a 4.8-mile radius of the airport and within 3.1 miles each
side of the 079[deg] bearing from the airport extending from the
4.3-mile radius to 10.8 miles east of the airport, and within 1 mile
each side of the 268[deg] bearing from the airport extending from
the 4.8-mile radius to 5.3 miles west of the airport.

    Issued in Des Moines, Washington, on August 17, 2022.
B.G. Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2022-18105 Filed 8-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Rules and Regulations]
[Pages 59292-59294]
[FR Doc No: 2019-24029]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0747; Product Identifier 2019-NE-26-AD; Amendment
39-19778; AD 2019-21-12]
RIN 2120-AA64

Airworthiness Directives; BRP-Rotax GmbH & Co KG Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain BRP-Rotax GmbH & Co KG (Rotax) 914 F2, 914 F3, and 914 F4 model
engines. This AD requires removal of a certain exhaust valve and its
replacement with a part eligible for installation. This AD was prompted
by a report of a broken exhaust valve installed on a Rotax 914 model
engine. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective November 19, 2019.
    The FAA must receive comments on this AD by December 19, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 final rule, contact BRP-
Rotax GmbH & Co KG, Rotaxstrasse 1, A-4623 Gunskirchen, Austria; phone:
+43 7246 601 0; fax: +43 7246 601 9130; email<EMAIL_ADDRESS>
internet: www.flyrotax.com. You may view this service information at
the FAA, Engine and Propeller Standards Branch, 1200 District Avenue,
Burlington, MA 01803. 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-2019-0747.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0747; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the mandatory continuing airworthiness information
(MCAI), the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wego Wang, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7134; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA

AD No. 2018-0265R1, dated January 9, 2019 (and corrected January 10,
2019) (referred to after this as ``the MCAI''), to address an unsafe
condition for the specified products. The MCAI states:

    A broken exhaust valve has been reported on a non-certified
Rotax 914 UL2-01 engine. Subsequent investigation identified
deviation in the manufacturing process of the affected exhaust
valve.
    This condition, if not corrected, could lead to in-flight shut
down, possibly resulting in a forced landing with consequent damage
to the aeroplane and injury to occupants.
    Due to similarity of design, this condition may affect also
Rotax 915 iSc3 A, 915 iSc3 B engines and Rotax 914 F2, 914 F3 and
914 F4 engines.
    To address this potential unsafe condition, BRP-Rotax issued the
ASB, later revised, providing applicable instructions, and EASA
issued AD 2018-0265-E requiring replacement of affected exhaust
valves, and prohibiting installation thereof on an engine.
    Since that [EASA] AD was issued, it has been determined that
only exhaust valve P/N 854113 of certain lot numbers are affected,
and BRP-Rotax revised the ASB accordingly (now at revision 2).

    You may obtain further information by examining the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0747.

Related Service Information

    The FAA reviewed BRP-Rotax Alert Service Bulletin (ASB) ASB-915 i
A-003R2/ASB-915 i B-003R2/ASB-914-054R2 (single document), dated
December 21, 2018. The ASB describes procedures for replacing the
exhaust valve.

FAA's Determination

    This product has been approved by EASA, and is approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA of the
unsafe condition described in the MCAI and service information
referenced above. The FAA is issuing this AD because it evaluated all
the relevant information provided by EASA and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

AD Requirements

    This AD requires, within 10 flight hours or 3 months after the
effective date of this AD, whichever occurs first, removal from service
of certain exhaust valves and replacement with a part eligible for
installation.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because no
domestic operators use this product. It is unlikely that the FAA will
receive any adverse comments or useful information about this AD from
U.S. operators. Therefore, the FAA finds good cause that notice and
opportunity for prior public comment are unnecessary. In addition, for
this same reason, the FAA finds 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 was not preceded by notice and an opportunity for public
comment. However, the FAA invites you to send any written data, views,
or arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2019-
0747 and Product Identifier 2019-NE-26-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this final rule.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 0 engines installed on
airplanes of U.S. registry.
    In the event an affected engine becomes installed on a U.S.-
registered product, the FAA estimates the following costs to comply
with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace exhaust valve..............  6 work-hours x $85 per hour          $1,500          $2,010              $0
                                      = $510.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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  December 1, 2019 [Amended]

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

2019-21-12 BRP-Rotax GmbH & Co KG (Type Certificate previously held
by BRP-Powertrain GmbH & Co KG; Bombardier-Rotax GmbH): Amendment
39-19778; Docket No. FAA-2019-0747; Product Identifier 2019-NE-26-
AD.

(a) Effective Date

    This AD is effective November 19, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BRP-Rotax GmbH & Co KG (Type certificate
previously held by BRP-Powertrain GmbH & Co KG, Bombardier-Rotax
GmbH) (Rotax) Model 914 F2, 914 F3, and 914 F4 engines, with an
exhaust valve part number (P/N) 854113 that has a production lot
number 0317 or 0517.

(d) Subject

    Joint Aircraft System Component (JASC) Code 8530, Reciprocating
Engine Cylinder Section.

(e) Unsafe Condition

    This AD was prompted by a report of a broken exhaust valve
installed on a Rotax 914 model engine. The FAA is issuing this AD to
prevent failure of the exhaust valve. The unsafe condition, if not
addressed, could result in loss of engine thrust control and reduced
control of the airplane.

(f) Compliance

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

(g) Required Actions

    Within 10 flight hours or 3 months after the effective date of
this AD, whichever occurs first, remove from service each exhaust
valve P/N 854113 that has a production lot number 0317 or 0517, and
replace with a part eligible for installation.

    Note 1 to paragraph (g):  For guidance on replacing the exhaust
valve, refer to the Accomplishment Instructions, paragraphs 3.1
through 3.6, of Rotax Alert Service Bulletin ASB-915 i A-003R2/ASB-
915 i B-003R2/ASB-914-054R2 (single document), dated December 21,
2018.

(h) Installation Prohibition

    After the effective date of this AD, do not install an exhaust
valve P/N 854113 that has a production lot number 0317 or 0517 on
any engine.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 the attention of the person
identified in paragraph (j)(1) of this AD. You may email your
request to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Wego Wang,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to European Union Aviation Safety Agency (EASA) AD No.
2018-0265R1, dated January 9, 2019 (and corrected January 10, 2019),
for more information. You may examine the EASA AD in the AD docket
on the internet at https://www.regulations.gov by searching for and
locating it in Docket No. FAA-2019-0747.

(k) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on October 29, 2019.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2019-24029 Filed 11-1-19; 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 deeply important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks a plethora of different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited.  I work at least forty hours every week and I choose to spend a large portion of my free time researching and dissecting these issues, but there simply is not enough time made available to fairly and completely research the topics discussed in the Proposed Rule. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think 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.  For myself and many others, it is a matter of life and death.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. E-cigarettes have greatly improved my quality of living and, quite frankly, 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. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA 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.