[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Rules and Regulations]
[Pages 6110-6112]
[FR Doc No: 2018-02604]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0067; Product Identifier 2017-CE-048-AD; Amendment
39-19188; AD 2018-03-15]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Pacific
Aerospace Limited Model 750XL airplanes. This AD results from mandatory
continuing airworthiness information (MCAI) issued by the aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as abrasion damage of components or wiring behind the
instrument panel. We are issuing this AD to require actions to address
the unsafe condition on these products.

DATES: This AD is effective March 5, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 5,
2018.
    We must receive comments on this AD by March 30, 2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Pacific
Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton
3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email:
[email protected]; internet: www.aerospace.co.nz. You may view
this referenced service information at the FAA, Policy and Innovation
Division, 901 Locust, Kansas City, Missouri 64106. 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 locating Docket No. FAA-2018-0067.

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-2018-
0067; 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 AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (telephone (800)
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The Civil Aviation Authority, which is the aviation authority for
New Zealand, has issued CAA AD DCA/750XL/22, dated December 19, 2017
(referred to after this as ``the MCAI''), to correct an unsafe
condition for Pacific Aerospace Limited Model 750XL airplanes. To
accompany that MCAI, the CAA issued Notification of Airworthiness
Directive issued for New Zealand Aeronautical Products IAW ICAO Annex
8, dated December 19, 2017; the Notification states:

    This [CAA] AD with effective date 28 December 2017 mandates an
inspection of components and wiring behind the instrument panel for
possible abrasion damage caused by ventilation hose chafing per the
instructions in Pacific Aerospace Mandatory Service Bulletin (MSB)
PACSB/XL/083 issue 1, dated 15 December 2017, or later approved
revision.
    The [CAA] AD is prompted by two reports of finding abrasion
damage behind the instrument panel caused by ventilation hose
chafing.

    In addition to the required inspection, this AD requires wrapping
the ventilation hose with anti-abrasion tape and rerouting the hose.
This AD also requires contacting the manufacturer for corrective action
if abrasion damage is found during the required inspection. You may
examine the MCAI on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2018-0067.

Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Limited has issued Pacific Aerospace Mandatory
Service Bulletin PACSB/XL/083, Issue 1, dated December 15, 2017. The
service information describes procedures for inspection of the
ventilation hose behind the instrument panel, wrapping the ventilation
hose with anti-abrasion tape, and rerouting the hose. 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 of the AD.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

FAA's 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
chafing of the ventilation hose on instrument components and wiring
could cause abrasion damage and lead to short circuit, smoke, and/or
fire. Therefore, we determined that notice

and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2018-0067; Directorate
Identifier 2017-CE-048-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 22 products of U.S. registry.
We also estimate that it would take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts would cost about $90 per product.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $7,590, or $345 per product.
    The extent of abrasion damage could vary from airplane to airplane.
We have no way of knowing how many airplanes may have abrasion damage
or the extent of that damage; therefore, we have no way of determining
an estimated cost for repair.

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 small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
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 AD:

2018-03-15 Pacific Aerospace Limited: Amendment 39-19188; Docket No.
FAA-2018-0067; Product Identifier 2017-CE-048-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 5,
2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Models 750XL
airplanes, all serial numbers up to and to include serial number
XL220, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 21: Air
Conditioning.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as abrasion damage
of components or wiring behind the instrument panel. We are issuing
this AD to detect and prevent abrasion damage of the wiring and
components behind the instrument panel, which could lead to short
circuit, smoke, and/or fire.

(f) Actions and Compliance

    Unless already done, do the following actions.
    (1) Within 15 days after March 5, 2018 (the effective date of
this AD), inspect the ventilation hosing, components, and wiring
behind the instrument panel for signs of chafing and/or damage
following the Accomplishment Instructions in Pacific Aerospace
Mandatory Service Bulletin PACSB/XL/083, Issue 1, dated December 15,
2017.
    (2) If any signs of chafing and/or abrasion are found during the
inspection required in paragraph (f)(1) of this AD, before further
flight, contact the manufacturer for an FAA-approved repair approved
specifically for this AD. Use the contact information found in
paragraph (i)(3) of this AD to contact the manufacturer.
    (3) Within 45 days after March 5, 2018 (the effective date of
this AD), wrap the ventilation hose in anti-abrasion tape and
reroute the hose following the Accomplishment Instructions in
Pacific Aerospace Mandatory Service Bulletin PACSB/XL/083, Issue 1,
dated December 15, 2017.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Small Airplane Standards Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19.

Send information to ATTN: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected]. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (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, Standards
Office, FAA; or the Civil Aviation Authority of New Zealand (CAA).

 (h) Related Information

    Refer to the MCAI by the CAA, AD DCA/750XL/22, dated December
19, 2017; and Pacific Aerospace Mandatory Service Bulletin PACSB/XL/
083, Issue 1, dated December 15, 2017, for related information. You
may examine the MCAI on the internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2018-0067.

(i) 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 the AD specifies otherwise.
    (i) Pacific Aerospace Mandatory Service Bulletin PACSB/XL/083,
Issue 1, dated December 15, 2017.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027,
Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134;
email: [email protected]; internet: www.aerospace.co.nz.
    (4) You may view this service information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for locating Docket No. FAA-2018-
0067.
    (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 Kansas City, Missouri, on February 5, 2018.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification
Service.
[FR Doc. 2018-02604 Filed 2-12-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Rules and Regulations]
[Page 37818-37820]
[DOCID:fr02jy08-22]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0589]
RIN 1625-AA00

Safety Zone; Olcott, NY Fireworks, Lake Ontario, Olcott, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Ontario, Olcott, NY. This zone is intended to restrict vessels
from a portion of Lake Ontario during the July 3, 2008 Olcott, NY
fireworks display. This temporary safety zone is necessary to protect
spectators and vessels from the hazards associated with fireworks
displays.

DATES: This rule is effective from 10 p.m. to 11 p.m. on July 3, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0589 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 U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Boulevard, Buffalo, NY
14203 between 9:30 a.m. and 2 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have further questions on this
temporary rule, call Commander Joseph Boudrow, Prevention Division,
U.S. Coast Guard Sector Buffalo, at<PHONE_NUMBER>. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when an agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 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 the permit application was not
received in time to publish a NPRM followed by a final rule before the
effective date.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event and immediate action is necessary to
prevent possible loss of life or property.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a fireworks
display. Based on accidents that have occurred in other Captain of the
Port zones, and the explosive hazards of fireworks, the Captain of the
Port Buffalo has determined that fireworks launches proximate to
watercraft pose a significant risk to public safety and property. The
likely combination of large numbers of recreation vessels, congested
waterways, darkness punctuated by bright flashes of light, alcohol use,
and debris falling into the water could easily result in serious
injuries or fatalities. Establishing a safety zone to control vessel
movement around the location of the launch platform will help ensure
the safety of persons and property at these events and help minimize
the associated risks.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading and launching of a
fireworks display in conjunction with the Olcott, NY fireworks display.
The fireworks display will occur between 10 p.m. and 11 p.m. on July 3,
2008.
    The safety zone for the fireworks will encompass all waters of Lake
Ontario within a 600 FT Radius of position 43[deg]20'24'' N,
078[deg]43'09'' W, located on the West Federal pier.
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the on-scene representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Buffalo or his on-scene
representative. The Captain of the Port or his on-scene representative
may be contacted via VHF Channel 16.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is an area where the Coast
Guard expects insignificant adverse impact to mariners from the zones'
activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities.

The term ``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in a portion of Lake Ontario, Olcott, NY between 10
p.m. and 11 p.m. on July 3, 2008.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect for only one hour for one event. Vessel traffic
can safely pass outside the safety zone during the event. In the event
that this temporary safety zone affects shipping, commercial vessels
may request permission from the Captain of the Port Buffalo to transit
through the safety zone. The Coast Guard will give notice to the public
via a Broadcast to Mariners that the regulation is in effect.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these regulations and fishing rights
protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes
that have questions concerning the provisions of this Rule or options
for compliance are encouraged to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded,
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental

documentation. This event establishes a safety zone therefore paragraph
(34)(g) of the Instruction applies.
    A final environmental analysis check list and a final categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. A new temporary Sec.  165.T09-0589 is added as follows:

Sec.  165.T09-0589  Safety zone; Olcott, NY Fireworks, Lake Ontario,
Olcott, NY.

    (a) Location. The following area is a temporary safety zone: All
waters of Lake Ontario, Olcott, NY, within a 600 ft Radius of position
43[deg]20'24'' N, 078[deg]43'09'' W, located on the West Federal Pier.
(DATUM: NAD 83).
    (b) Effective period. This zone will be effective from 10 p.m. to
11 p.m. on July 3, 2008.
    (c) Regulations.
    (1) In accordance with the general regulations in section 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Buffalo, or
his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his on-scene
representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
or his on-scene representative may be contacted via VHF Channel 16.
Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo or his on-scene representative.

    Dated: June 20, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E8-15058 Filed 7-1-08; 8:45 am]

BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012)]
[Notices]
[Page 18280]
[FR Doc No: 2012-7385]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting Notice

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, March
29, 2012 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Gallagher, as duty officer, voted to consider the
items listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
March 29, 2012 will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    An adjudicatory matter; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at<PHONE_NUMBER>.

    Dated: March 22, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-7385 Filed 3-23-12; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: June 12, 2008 (Volume 73, Number 114)]
[Rules and Regulations]
[Page 33313-33315]
[DOCID:fr12jn08-16]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket No. FEMA--B-7785]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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

SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Mitigation Assistant
Administrator of FEMA reconsider the changes. The modified BFEs may be
changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by the
other Federal, State, or regional entities. The changes BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the

applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Coconino......................  Unincorporated areas   April 23, 2008;       The Honorable Deb Hill,    April 15, 2008.................       040019
                                     of Coconino County     April 30, 2008;       Chairman, Coconino
                                     (07-09-1875P).         Arizona Daily Sun.    County, Board of
                                                                                Supervisors, 219 East
                                                                                Cherry Avenue,
                                                                                Flagstaff, AZ 86001.
    Maricopa......................  City of Peoria (07-09- May 1, 2008; May 7,   The Honorable Bob          September 4, 2008..............       040050
                                     1919P).                2008; Daily News-     Barrett, Mayor, City of
                                                            Sun.                  Peoria, 8401 West Monroe
                                                                                Street, Peoria, AZ 85345.
    Yavapai.......................  Town of Prescott       April 21, 2008;       The Honorable Harvey C.    April 14, 2008.................       040121
                                     Valley (07-09-1655P).  April 28, 2008;       Skoog, Mayor, Town of
                                                            Prescott Daily        Prescott Valley, 7501
                                                            Courier.              East Civic Circle,
                                                                                Prescott Valley, AZ
                                                                                86314.
    Yavapai.......................  Unincorporated areas   April 21, 2008;       The Honorable Chip Davis,  April 14, 2008.................       040093
                                     of Yavapai County      April 28, 2008;       Chairman, Yavapai County
                                     (07-09-1655P).         Prescott Daily        Board of Supervisors,
                                                            Courier.              1015 Fair Street,
                                                                                Prescott, AZ 86305.
California: San Diego.............  City of Vista (08-09-  May 1, 2008; May 8,   The Honorable Morris C.    September 5, 2008..............       060297
                                     0596P).                2008; City of Vista.  Vance, Mayor, City of
                                                                                Vista, 600 Eucalyptus
                                                                                Avenue, Building One,
                                                                                Vista, CA 92084.
Colorado: El Paso.................  City of Colorado       April 30, 2008; May   The Honorable Lionel       September 4, 2008..............       080060
                                     Springs (08-08-        7, 2008; El Paso      Rivera, Mayor, City of
                                     0212P).                County News.          Colorado Springs, P.O.
                                                                                Box 1575, Colorado
                                                                                Springs, CO 80901.
Connecticut: New Haven............  City of New Haven (07- April 24, 2008; May   The Honorable John         April 17, 2008.................       090084
                                     01-1096P).             1, 2008; New Haven    DeStefano, Jr., Mayor,
                                                            Register.             City of New Haven, 165
                                                                                Church Street, New
                                                                                Haven, CT 06510.
Georgia:
    Camden........................  Unincorporated areas   April 18, 2008;       The Honorable Preston      August 25, 2008................       130262
                                     of Camden County (08-  April 25, 2008;       Rhodes, Chairman, Camden
                                     04-1081P).             Tribune & Georgian.   County, Board of
                                                                                Commissioners, P.O. Box
                                                                                248, White Oak, GA 31568.
    Camden........................  City of Kingsland (08- April 18, 2008;       The Honorable Kenneth      August 25, 2008................       130238
                                     04-1081P).             April 25, 2008;       Smith, Mayor, City of
                                                            Tribune & Georgian.   Kingsland, P.O. Box 250,
                                                                                Kingsland, GA 31548.
Kentucky: Hardin..................  Unincorporated areas   May 2, 2008; May 9,   The Honorable Harry L.     September 8, 2008..............       210094
                                     of Hardin County (08-  2008; The News-       Berry, Hardin County
                                     04-1717P).             Enterprise.           Judge, P.O. Box 568,
                                                                                Elizabethtown, KY 42702.
Minnesota:
    Anoka.........................  City of Blaine (07-05- May 2, 2008; May 9,   The Honorable Thomas       September 8, 2008..............       270007
                                     4703P).                2008; Spring Lake     Ryan, Mayor, City of
                                                            Park Life.            Blaine, 10801 Town
                                                                                Square Drive, Northeast,
                                                                                Blaine, MN 55449.
    Olmsted.......................  Unincorporated areas   April 10, 2008;       The Honorable Ken Brown,   August 18, 2008................       270626
                                     of Olmsted County      April 17, 2008;       Commissioner, Olmsted
                                     (07-05-4071P).         Post Bulletin.        County Board of
                                                                                Commissioners, 151
                                                                                Fourth Street Southeast,
                                                                                Rochester, MN 55904.
    Olmsted.......................  City of Rochester (07- April 10, 2008;       The Honorable Ardell F.    August 18, 2008................       275246
                                     05-4071P).             April 17, 2008;       Brede, Mayor, City of
                                                            Post Bulletin.        Rochester, 201 Fourth
                                                                                Street, Southeast, Room
                                                                                281, Rochester, MN 55904.
Mississippi: DeSoto...............  City of Olive Branch   May 8, 2008; May 15,  The Honorable Samuel P.    April 30, 2008.................       280286
                                     (08-04-0546P).         2008; DeSoto Times    Rikard, Mayor, City of
                                                            Today.                Olive Branch, 9200
                                                                                Pigeon Roost Road, Olive
                                                                                Branch, MS 38654.
North Carolina:
    Forsyth.......................  City of Winston-Salem  February 27, 2008;    The Honorable Allen        July 3, 2008...................       375360
                                     (07-04-4554P).         March 5, 2008;        Joines, Mayor, City of
                                                            Winston-Salem         Winston-Salem, 101 North
                                                            Journal.              Main Street, Winston-
                                                                                Salem, North Carolina
                                                                                27101.
    Wake..........................  Town of Cary (07-04-   April 23, 2008;       The Honorable Ernest F.    April 11, 2008.................       370238
                                     2347P).                April 30, 2008; The   McAlister, Mayor, Town
                                                            Cary News.            of Cary, P.O. Box 8005,
                                                                                Cary, North Carolina
                                                                                27512-8005.
    Watauga.......................  Town of Blowing Rock   April 24, 2008; May   The Honorable James B.     April 15, 2008.................       370252
                                     (07-04-6273P).         1, 2008; The          Lawrence, Mayor, Town of
                                                            Blowing Rocket.       Blowing Rock, P.O. Box
                                                                                47, Blowing Rock, North
                                                                                Carolina 27605.
Ohio: Warren......................  Village of Monroe (07- April 10, 2008;       The Honorable Robert       August 18, 2008................       390042
                                     05-2593P).             April 17, 2008;       Routson, Mayor, City of
                                                            Pulse Journal.        Monroe, P.O. Box 330,
                                                                                Monroe, OH 45050-0330.
Texas:
    Brazos........................  City of College        April 7, 2008; April  The Honorable Ben White,   April 25, 2008.................       480083
                                     Station (07-06-        10, 2008; Bryan       Mayor, City of College
                                     2365P).                College Station       Station, 1101 Texas
                                                            Eagle.                Avenue, College Station,
                                                                                TX 77840.

    Denton........................  City of Roanoke (07-   May 1, 2008; May 8,   The Honorable Carl E.      April 28, 2008.................       480785
                                     06-2276P).             2008; Denton County   Gierisch, Jr., Mayor,
                                                            Chronicle.            City of Roanoke, 108
                                                                                South Oak Street,
                                                                                Roanoke, TX 76262.
    Travis........................  City of Austin (08-06- May 1, 2008; May 8,   The Honorable Will Wynn,   September 5, 2008..............       480624
                                     0658P).                2008; Austin          Mayor, City of Austin,
                                                            American Statesman.   P.O. Box 1088, Austin,
                                                                                TX 78767.
Wisconsin: Dane                     Unincorporated areas   May 1, 2008; May 8,   The Honorable Kathleen     September 5, 2008..............       550077
                                     of Dane County (08-    2008; Oregon          Falk, Dane County
                                     05-1758P).             Observer.             Executive, 210 Martin
                                                                                Luther King Jr.
                                                                                Boulevard, Room 421,
                                                                                Madison, WI 53703.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: May 28, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E8-13209 Filed 6-11-08; 8:45 am]

BILLING CODE 9110-12-P