[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25570-25574]
[FR Doc No: 2018-11872]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1112]
RIN 1625-AA00

Safety Zones; Annual Events in the Captain of the Port Buffalo
Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its safety zones regulation for
Annual Events in the Captain of the Port Buffalo Zone. This amendment
updates 12 permanent safety zones and adds 12 new permanent safety
zones. These amendments and additions are necessary to protect
spectators, participants and vessels from the hazards associated with
annual maritime events, including fireworks displays, boat races, and
air shows.

DATES: This rule is effective July 5, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1112 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Michael Collet, Chief of Waterways Management, U.S.
Coast Guard Sector Buffalo; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On April 19, 2018, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) titled Safety Zones; Annual Events in the Captain of
the Port Buffalo Zone. There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
amendment to the CFR. During the comment period that ended May 21,
2018, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The purpose of this rule is to update the safety zones in 33 CFR
165.939 to ensure accuracy of times, dates, and dimensions for various
triggering and marine events that are expected to be conducted within
the Captain of the Port Buffalo Zone throughout the year. The purpose
of the rulemaking is also to ensure vessels and persons are protected
from the specific hazards related to the aforementioned events. These
specific hazards include obstructions in the waterway that may cause
marine casualties; collisions among vessels maneuvering at a high speed
within a channel; the explosive dangers involved in pyrotechnics and
hazardous cargo; and flaming/falling debris into the water that may
cause injuries.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April
19, 2018. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
    This rule amends 12 permanent safety zones found within table
165.939 of 33 CFR 165.939. These 12 amendments involve updating the
location, size, and/or enforcement times.
    Additionally, this rule adds 12 new safety zones to table 165.939
within Sec.  165.939 for annually reoccurring

events in the Captain of the Port Buffalo Zone. These 12 zones were
approved and published in the Federal Register as temporary safety
zones in 2017 and were added in order to protect the public from the
safety hazards previously described. A list of specific changes and
additions are available in the attachments within this Docket.
    The Captain of the Port Buffalo has determined that the safety
zones in this rule are necessary to ensure the safety of vessels and
people during annual marine or triggering events in the Captain of the
Port Buffalo zone. Although this rule will be effective year-round, the
safety zones in this rule will be enforced only immediately before,
during, and after events that pose a hazard to the public and only upon
notice by the Captain of the Port Buffalo.
    The Captain of the Port Buffalo will notify the public that the
zones in this rule are or will be enforced by all appropriate means to
the affected segments of the public, including publication in the
Federal Register, as practicable, in accordance with 33 CFR 165.7(a).
Such means of notification may also include, but are not limited to,
Broadcast Notice to Mariners or Local Notice to Mariners.
    All persons and vessels must comply with the instructions of the
Coast Guard Captain of the Port Buffalo or his or her designated
representative. Entry into, transiting, or anchoring within the safety
zones is prohibited unless authorized by the Captain of the Port or his
or her designated representative. The Captain of the Port or his or her
designated representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the
characteristics of the safety zones. The safety zones created by this
rule will be relatively small and are designed to minimize their impact
on navigable waters. Furthermore, the safety zones have been designed
to allow vessels to transit around them. In addition, the safety zones
will have built in times to allow vessels to travel through when
situations allow. Thus, restrictions on vessel movement within each
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

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 will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 recurring annual safety zones. 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. 01.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Revise Sec.  165.939 to read as follows:

Sec.  165.939   Safety Zones; Annual Events in the Captain of the Port
Buffalo Zone.

    (a) Regulations. (1) In accordance with the general regulations in
Sec.  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 designated on-scene representative.
    (2) These safety zones are closed to all vessel traffic, except as
may be permitted by the Captain of the Port Buffalo or his designated
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo 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.
    (5) The enforcement dates and times for each of the safety zones
listed in Table 165.939 are subject to change, but the duration of
enforcement would remain the same or nearly the same total number of
hours as stated in the table. In the event of a change, the Captain of
the Port Buffalo will provide notice to the public by publishing a
Notice of Enforcement in the Federal Register, as well as, issuing a
Broadcast Notice to Mariners.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard commissioned,
warrant, or petty officers designated by the Captain of the Port
Buffalo to monitor a safety zone, permit entry into a safety zone, give
legally enforceable orders to persons or vessels within a safety zone,
and take other actions authorized by the Captain of the Port Buffalo.
    (2) Public vessel means a vessel that is owned, chartered, or
operated by the United States, or by a State or political subdivision
thereof.
    (3) Rain date refers to an alternate date and/or time in which the
safety zone would be enforced in the event of inclement weather.
    (c) Suspension of enforcement. The Captain of the Port Buffalo may
suspend enforcement of any of these zones earlier than listed in this
section. Should the Captain of the Port suspend any of these zones
earlier than the listed duration in this section, he or she may make
the public aware of this suspension by Broadcast Notice to Mariners
and/or on-scene notice by his or her designated representative.
    (d) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
    (e) Waiver. For any vessel, the Captain of the Port Buffalo or his
or her designated representative may waive any of the requirements of
this section upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of safety or security.

                              Table 165.939
------------------------------------------------------------------------
                                                        Enforcement date
             Event                   Location \1\         and time \2\
------------------------------------------------------------------------
                          (a) June Safety Zones
------------------------------------------------------------------------
(1) Festival of the Fish......  Vermillion, OH. All     The 3rd Saturday
                                 U.S. waters within a    in June.
                                 420 foot radius of
                                 the fireworks launch
                                 site located at
                                 position
                                 41[deg]25'45'' N and
                                 082[deg]21'54'' W,
                                 (NAD 83).
(2) City of Syracuse Fireworks  Syracuse, NY. All U.S.  The last weekend
 Celebration.                    waters of Onondaga      of June.
                                 Lake within a 350
                                 foot radius of land
                                 position
                                 43[deg]03'37.0'' N,
                                 076[deg]09'59.0'' W
                                 in Syracuse, NY.
(3) Rochester Harbor and        Rochester, NY. All      The 4th Monday
 Carousel Festival.              U.S. waters of Lake     of June.
                                 Ontario within a
                                 1,120 foot radius of
                                 land position
                                 43[deg]15'40.2'' N,
                                 077[deg]36'05.1'' W
                                 in Rochester, NY.
(4) Seneca River Days.........  Baldwinsville, NY. All  The 2nd weekend
                                 U.S. waters of the      of June.
                                 Seneca River within
                                 an 840 foot radius of
                                 land position
                                 43[deg]09'25.0'' N,
                                 076[deg]20'21.0'' W
                                 in Baldwinsville, NY.
(5) Flagship Niagara Mariner's  Erie, PA. All waters    The 1st weekend
 Ball Fireworks.                 of Presque Isle Bay,    in June.
                                 Erie, PA within a 350-
                                 foot radius from the
                                 launch site located
                                 at position
                                 42[deg]08'22.5'' N,
                                 080[deg]05'15.6'' W.
(6) Hope Chest Buffalo Niagara  Buffalo, NY. All        The 3rd weekend
 Dragon Boat Festival.           waters of the Buffalo   in June.
                                 River, Buffalo, NY
                                 starting at position
                                 42[deg]52'12.0'' N,
                                 078[deg]52'17.0'' W
                                 then Southeast to
                                 42[deg]52'03.0'' N,
                                 078[deg]52'12.0'' W
                                 then East to
                                 42[deg]52'03.0'' N,
                                 078[deg]52'10.0'' W
                                 then Northwest to
                                 42[deg]52'13.0'' N,
                                 078[deg]52'16.0'' W
                                 and then returning to
                                 the point of origin.
------------------------------------------------------------------------

                          (b) July Safety Zones
------------------------------------------------------------------------
(1) Cleveland Triathlon.......  Cleveland, OH. All      The 4th or 5th
                                 U.S. waters of Lake     Sunday in July.
                                 Erie at North Coast
                                 Harbor, Cleveland, OH
                                 within 100 feet of a
                                 line starting at
                                 position
                                 41[deg]30'34.6'' N
                                 and 081[deg]41'51.3''
                                 W extending in a
                                 straight line to the
                                 East Basin Breakwall
                                 at position
                                 41[deg]30'51.8'' N
                                 and 081[deg]42'08.5''
                                 W.
(2) Roverfest Fireworks         Cleveland, OH. All      The 2nd or 3rd
 Display.                        U.S. waters of Lake     weekend in
                                 Erie, Cleveland, OH     July.
                                 within a 280 foot
                                 radius from position
                                 41[deg]30'34.23'' N
                                 and
                                 081[deg]08'55.73'' W.
(3) High Speed Boat Races.....  Fairport, OH. All U.S.  The 3rd weekend
                                 waters of Lake Erie,    in July.
                                 off of Headlands
                                 Beach State Park,
                                 Fairport, OH inside
                                 an area starting on
                                 shore at position
                                 41[deg]44'33'' N,
                                 081[deg]19'14'' W
                                 extending NW in a
                                 straight line to
                                 position
                                 41[deg]45'00'' N,
                                 081[deg]19'35'' W,
                                 then NE in a straight
                                 line to position
                                 41[deg]45'59'' N,
                                 081[deg]17'30'' W,
                                 and SE back to the
                                 shore at position
                                 41[deg]45'43'' N,
                                 081[deg]17'08'' W.
(4) Downtown Cleveland          Cleveland, OH. All      On or around the
 Alliance July 4th Fireworks.    U.S. waters of Lake     4th of July.
                                 Erie and Cleveland
                                 Harbor within a 1,000-
                                 foot radius of land
                                 position
                                 41[deg]30'10'' N,
                                 081[deg]42'36'' W
                                 (NAD 83) at Dock 20.
(5) Mentor Harbor Yacht Club    Mentor, OH. All U.S.    On or around the
 Fireworks.                      waters of Lake Erie     4th of July.
                                 and Mentor Harbor
                                 within a 700 foot
                                 radius of land
                                 position
                                 41[deg]43'36'' N,
                                 081[deg]21'09'' W.
(6) Parade of Lights..........  Cleveland, OH. All      The 3rd or 4th
                                 U.S. waters within 25   weekend in
                                 feet of the vessels     July.
                                 participating in the
                                 Cleveland Parade of
                                 Lights in the
                                 Cuyahoga River. The
                                 safety zone will move
                                 with participating
                                 vessels as they
                                 transit from the
                                 mouth of the Cuyahoga
                                 River in the vicinity
                                 of position
                                 41[deg]29'59'' N,
                                 081[deg]43'31'' W, to
                                 Merwin's Wharf in the
                                 vicinity of
                                 41[deg]29'23'' N,
                                 081[deg]42'16'' W,
                                 and returning to the
                                 mouth of the Old
                                 River at
                                 41[deg]29'55'' N,
                                 081[deg]42'18'' W.
(7) Lorain Independence Day     Lorain, OH. All U.S.    On or around the
 Celebration.                    waters within a 700     4th of July.
                                 foot radius of the
                                 fireworks launch site
                                 located at position
                                 41[deg]28'35.42'' N
                                 and
                                 082[deg]10'51.28'' W.
(8) Conneaut Festival.........  Conneaut, OH. All U.S.  On or around the
                                 waters within a 570     4th of July.
                                 foot radius of the
                                 fireworks launch site
                                 located at position
                                 41[deg]58'00.43'' N
                                 and
                                 080[deg]33'34.93'' W.
(9) Fairport Harbor Mardi Gras  Fairport, OH. All U.S.  On or around the
                                 waters within a 275     4th of July.
                                 foot radius of the
                                 fireworks launch site
                                 located at position
                                 41[deg]45'29.55'' N
                                 and
                                 081[deg]16'19.97'' W.
(10) Sheffield Lake Community   Sheffield Lake, OH.     The 2nd weekend
 Days.                           All U.S. waters of      in July.
                                 Lake Erie and
                                 Sheffield Lake Boat
                                 ramp within a 350
                                 foot radius of land
                                 position
                                 41[deg]29'27.65'' N,
                                 082[deg]6'47.71'' W.
(11) Bay Village Independence   Bay Village, OH. All    On or around the
 Day Celebration.                U.S. waters within a    4th of July.
                                 560 foot radius of
                                 the fireworks launch
                                 site located at
                                 position
                                 41[deg]29'23.9'' N
                                 and 081[deg]55'44.5''
                                 W.
(12) Lake Erie Open Water Swim  Cleveland, OH. All      The 2nd or 3rd
                                 U.S. waters of Lake     weekend in
                                 Erie, south of a line   July.
                                 drawn between
                                 positions
                                 41[deg]29'30'' N,
                                 081[deg]44'21'' W and
                                 41[deg]29'21'' N,
                                 081[deg]45'04'' W to
                                 the shore.
(13) Boldt Castle 4th of July   Heart Island, NY. All   On or around the
 Fireworks.                      U.S. waters of the      4th of July.
                                 Saint Lawrence River
                                 within a 1,120 foot
                                 radius of land
                                 position
                                 44[deg]20'38.5'' N,
                                 075[deg]55'19.1'' W
                                 at Heart Island, NY.
(14) Clayton Chamber of         Calumet Island, NY.     On or around the
 Commerce Fireworks.             All U.S. waters of      4th of July.
                                 the Saint Lawrence
                                 River within an 840
                                 foot radius of land
                                 position
                                 44[deg]15'04.0'' N,
                                 076[deg]05'40'' W at
                                 Calumet Island, NY.
(15) French Festival Fireworks  Cape Vincent, NY. All   The 2nd weekend
                                 U.S. waters of the      of July.
                                 Saint Lawrence River
                                 within an 840 foot
                                 radius of land
                                 position
                                 44[deg]07'54.6.0'' N,
                                 076[deg]20'01.3'' W
                                 in Cape Vincent, NY.
(16) Lyme Community Days......  Chaumont, NY. All U.S.  The 4th weekend
                                 waters of Chaumont      of July.
                                 Bay within a 560 foot
                                 radius of land
                                 position
                                 44[deg]04'06.3'' N,
                                 076[deg]08'56.8'' W
                                 in Chaumont, NY.
(17) Village Fireworks........  Sackets Harbor, NY.     On or around the
                                 All U.S. waters of      4th of July.
                                 Black River Bay
                                 within an 840 foot
                                 radius of land
                                 position
                                 43[deg]56'51.9'' N,
                                 076[deg]07'46.9'' W
                                 in Sackets Harbor, NY.
(18) Can-Am Festival..........  Sackets Harbor, NY.     The 3rd weekend
                                 All U.S. waters of      of July.
                                 Black River Bay
                                 within a 1,120 foot
                                 radius of land
                                 position
                                 43[deg]57'15.9'' N,
                                 076[deg]06'39.2'' W
                                 in Sackets Harbor, NY.
(19) Brewerton Fireworks......  Brewerton, NY. All      On or around the
                                 U.S. waters of Lake     4th of July.
                                 Oneida within an 840
                                 foot radius of the
                                 barge at position
                                 43[deg]14'16.4'' N,
                                 076[deg]08'03.6'' W
                                 in Brewerton, NY.
(20) Celebrate Baldwinsville    Baldwinsville, NY. All  The 1st weekend
 Fireworks.                      U.S. waters of the      of July.
                                 Seneca River within a
                                 700 foot radius of
                                 land position
                                 43[deg]09'24.9'' N,
                                 076[deg]20'18.9'' W
                                 in Baldwinsville, NY.
(21) Island Festival Fireworks  Baldwinsville, NY. All  The 1st weekend
                                 U.S. waters of the      of July.
                                 Seneca River within a
                                 1,120 foot radius of
                                 land position
                                 43[deg]09'22.0'' N,
                                 076[deg]20'15.0'' W
                                 in Baldwinsville, NY.
(22) Village Fireworks........  Sodus Point, NY. All    On or around the
                                 U.S. waters of Sodus    4th of July.
                                 Bay within a 1,120
                                 foot radius of land
                                 position
                                 43[deg]16'28.7'' N,
                                 076[deg]58'27.5'' W
                                 in Sodus Point, NY.
(23) A Salute to our Heroes...  Hamlin Beach State      The 1st weekend
                                 Park, NY. All U.S.      in July.
                                 waters of Lake
                                 Ontario within a 560
                                 foot radius of land
                                 position
                                 43[deg]21'51.9'' N,
                                 077[deg]56'59.6'' W
                                 in Hamlin, NY.

(24) Olcott Fireworks.........  Olcott, NY. All U.S.    On or around the
                                 waters of Lake          4th of July.
                                 Ontario within a
                                 1,120 foot radius of
                                 land position
                                 43[deg]20'23.6'' N,
                                 078[deg]43'09.5'' W
                                 in Olcott, NY.
(25) North Tonawanda Fireworks  North Tonawanda, NY.    On or around the
                                 All U.S. waters of      4th of July.
                                 the East Niagara
                                 River within a 1,400
                                 foot radius of land
                                 position
                                 43[deg]01'39.6'' N,
                                 078[deg]53'07.5'' W
                                 in North Tonawanda,
                                 NY.
(26) Tonawanda's Canal Fest     Tonawanda, NY. All      The 4th Sunday
 Fireworks.                      U.S. waters of the      of July.
                                 East Niagara River
                                 within a 210 foot
                                 radius of land
                                 position
                                 43[deg]01'17.8'' N,
                                 078[deg]52'40.9'' W
                                 in Tonawanda, NY.
(27) Tom Graves Memorial        Port Bay, NY. All       On or around the
 Fireworks.                      waters of Port Bay,     3rd of July.
                                 NY, within a 840 foot
                                 radius of the barge
                                 located in position
                                 43[deg]17'52.4'' N,
                                 076[deg]49'55.7'' W
                                 in Port Bay, NY.
(28) Oswego Harborfest,         Oswego, NY. All waters  The last week of
 Oswego, NY.                     of Oswego Harbor,       July.
                                 Oswego, NY contained
                                 within a 700 foot
                                 radius of position
                                 43[deg]28'06.9'' N,
                                 076[deg]31'08.1'' W
                                 along with a 350 foot
                                 radius of the
                                 breakwall between
                                 positions
                                 43[deg]27'53.0'' N,
                                 076[deg]31'25.3'' W
                                 then Northeast to
                                 43[deg]27'58.6'' N,
                                 076[deg]31'12.1'' W.
(29) Oswego Independence Day    Oswego, NY. All waters  On or around the
 Celebration Fireworks.          of Lake Ontario,        4th of July.
                                 Oswego, NY within a
                                 490-foot radius from
                                 the launch site
                                 located at position
                                 43[deg]27'55.8'' N,
                                 076[deg]30'59.0'' W.
------------------------------------------------------------------------
                         (c) August Safety Zones
------------------------------------------------------------------------
(1) Whiskey Island Paddlefest.  Cleveland, OH. All      The 3rd or 4th
                                 U.S. waters of Lake     weekend in
                                 Erie; Cleveland         August.
                                 Harbor, from
                                 41[deg]29'59.5'' N
                                 and 081[deg]42'59.3''
                                 W to 41[deg]30'4.4''
                                 N and
                                 081[deg]42'44.5'' W
                                 to 41[deg]30'17.3'' N
                                 and 081[deg]43'0.6''
                                 W to 41[deg]30'9.4''
                                 N and
                                 081[deg]43'2.0'' W to
                                 41[deg]29'54.9'' N
                                 and 081[deg]43'34.4''
                                 W to 41[deg]30'0.1''
                                 N and
                                 081[deg]43'3.1'' W
                                 and back to
                                 41[deg]29'59.5'' N
                                 and 081[deg]42'59.3''
                                 W (NAD 83).
(2) D-Day Conneaut............  Conneaut, OH. All U.S.  The 3rd weekend
                                 waters of Conneaut      in August.
                                 Township Park, Lake
                                 Erie, within an area
                                 starting at
                                 41[deg]57.71' N,
                                 080[deg]34.18' W, to
                                 41[deg]58.36' N,
                                 080[deg]34.17' W,
                                 then to 41[deg]58.53'
                                 N, 080[deg]33.55' W,
                                 to 41[deg]58.03' N,
                                 080[deg]33.72' W (NAD
                                 83), and returning to
                                 the point of origin.
(3) Celebrate Erie Fireworks..  Erie, PA. All U.S.      The 3rd weekend
                                 waters of Presque       of August.
                                 Isle Bay within an
                                 800 foot radius of
                                 land position
                                 42[deg]08'19.0'' N,
                                 080[deg]05'29.0'' W
                                 in Erie, PA.
(4) Thunder on the Niagara      North Tonawanda, NY.    The 2nd weekend
 Hydroplane Boat Races.          All U.S. waters of      of August.
                                 the Niagara River
                                 near the North Grand
                                 Island Bridge,
                                 encompassed by a line
                                 starting at
                                 43[deg]03'32.9'' N,
                                 078[deg]54'46.9'' W
                                 to 43[deg]03'14.6''
                                 N, 078[deg]55'16.0''
                                 W then to
                                 43[deg]02'39.7'' N,
                                 078[deg]54'13.1'' W
                                 then to
                                 43[deg]02'59.9'' N,
                                 078[deg]53'42.0'' W
                                 and returning to the
                                 point of origin.
------------------------------------------------------------------------
                       (d) September Safety Zones
------------------------------------------------------------------------
(1) Madison Light Up the Park.  Madison Township, OH.   The 1st weekend
                                 All U.S. waters of      in September.
                                 Lake Erie, within a
                                 210 ft radius of
                                 position
                                 41[deg]50'17'' N and
                                 081[deg]02'51'' W
                                 (NAD 83).
(2) Cleveland National Airshow  Cleveland, OH. All      The Wednesday
                                 U.S. waters of Lake     before Labor
                                 Erie and Cleveland      Day through
                                 Harbor (near Burke      Labor Day.
                                 Lakefront Airport)
                                 from position
                                 41[deg]30'20'' N and
                                 081[deg]42'20'' W to
                                 41[deg]30'50'' N and
                                 081[deg]42'49'' W, to
                                 41[deg]32'09'' N and
                                 081[deg]39'49'' W, to
                                 41[deg]31'53'' N and
                                 081[deg]39'24'' W,
                                 then return to the
                                 original position
                                 (NAD 83).
(3) Head of the Cuyahoga......  Cleveland, OH. All      The 3rd weekend
                                 U.S. waters of the      in September.
                                 Cuyahoga River,
                                 between a line drawn
                                 perpendicular to the
                                 river banks from
                                 position
                                 41[deg]29'55'' N,
                                 081[deg]42'23'' W
                                 (NAD 83) just past
                                 the Detroit-Superior
                                 Viaduct bridge at MM
                                 1.42 of the Cuyahoga
                                 River south to a line
                                 drawn perpendicular
                                 to the river banks at
                                 position
                                 41[deg]28'32'' N,
                                 081[deg]40'16'' W
                                 (NAD 83) just south
                                 of the Interstate 490
                                 bridge at MM 4.79 of
                                 the Cuyahoga River.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 165.929 reference Datum NAD 1983.
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates
  and times for each of the listed safety zones are subject to change,
  and will be published in a Notice of Enforcement prior to the event.

    Dated: May 29, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-11872 Filed 6-1-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Rules and Regulations]
[Pages 54874-54877]
[FR Doc No: 2022-19257]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0804; Project Identifier MCAI-2022-00081-R;
Amendment 39-22158; AD 2022-18-07]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1
helicopters. This AD was prompted by review of maintenance instructions
that showed conflicting methods of

recording torque cycles for certain parts. This AD requires
recalculating the torque cycles of certain parts and updating log
cards; removing certain other parts from service; and applying an
operational restriction on certain parts, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is incorporated by
reference. This AD also requires incorporating the re-calculated life
limits into existing maintenance records. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective October 13, 2022.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 13,
2022.

ADDRESSES: For EASA material that is incorporated by reference (IBR) in
this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find the EASA material on the EASA website
at https://ad.easa.europa.eu. For Airbus Helicopters service
information identified in this final rule, contact Airbus Helicopters,
2701 North Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-
0000 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at https://www.airbus.com/helicopters/services/technical-support.html. You may
view this material at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0804.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0804; 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
EASA AD, any comments received, and other information. The address for
Docket Operations is U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Kristi Bradley, Program Manager, COS
Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0012, dated January 24, 2022
(EASA AD 2022-0012), to correct an unsafe condition for Airbus
Helicopters (AH), formerly Eurocopter, Eurocopter France, Aerospatiale,
Model AS 332 C, AS 332 C1, AS 332 L, and AS 332 L1 helicopters.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus Helicopters
Model AS332C, AS332C1, AS332L, and AS332L1 helicopters. The NPRM
published in the Federal Register on June 29, 2022 (87 FR 38689). The
NPRM was prompted by review of maintenance instructions that showed
conflicting methods of recording torque cycles for certain parts. The
NPRM proposed to require recalculating the torque cycles of certain
parts and updating log cards; removing certain other parts from
service; and applying an operational restriction on certain parts, as
specified in EASA AD 2022-0012. The NPRM also proposed to require
incorporating the re-calculated life limits into existing maintenance
records.
    The FAA is issuing this AD to address under-calculated torque cycle
accumulations and prevent a part from remaining in service beyond its
fatigue life. See EASA AD 2022-0012 for additional background
information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA reviewed the relevant
data and determined that air safety requires adopting this AD as
proposed. Accordingly, the FAA is issuing this AD to address the unsafe
condition on these helicopters.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0012 requires recalculating the torque cycles of
certain affected parts, updating log cards, and replacing those parts
before exceeding their recalculated service life limits. EASA AD 2022-
0012 also requires removing certain other affected parts from service
and prohibits installing those parts. Lastly, EASA AD 2022-0012 applies
an operational restriction to certain affected parts.
    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB)
No. AS332-01.00.76, Revision 1, dated March 8, 2022 (ASB AS332-
01.00.76, Rev 1). This service information specifies procedures for
determining the corrected accumulated torque cycles and updating the
log cards for certain parts, new life limits expressed in torque
cycles, and new procedures for counting torque cycles.
    This material 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.

ADs Mandating Airworthiness Limitations

    The FAA has previously mandated airworthiness limitations by
mandating each airworthiness limitation task (e.g., inspections and
replacements (life limits)) as an AD requirement or issuing ADs that
require revising the airworthiness limitations section (ALS) of the
existing maintenance manual or instructions for continued airworthiness
to incorporate new or revised inspections and life limits. This AD,
however, requires operators to incorporate into maintenance records
required by 14 CFR 91.417(a)(2) or 135.439(a)(2), as applicable for
your helicopter, the requirements (airworthiness limitations) specified
in service information required by a civil aviation authority AD. The
FAA does not intend this as a substantive change. For these ADs, the
ALS requirements for operators are the same but are complied with
differently. Requiring the incorporation of the new ALS requirements
into the maintenance records, rather than requiring individual ALS
tasks (e.g., repetitive inspections and replacements), requires
operators to record AD compliance once after updating the maintenance
records, rather than after every time the ALS task is completed.

Differences Between This AD and the EASA AD

    EASA AD 2022-0012 allows using Airbus Helicopters ASB No. AS332-

01.00.76, Revision 0, dated December 16, 2021, for corrective actions;
whereas this AD does not and instead requires using ASB AS332-01.00.76,
Rev 1. EASA AD 2022-0012 requires replacing each affected part before
exceeding its re-calculated life limit; whereas this AD requires,
within 30 days after the effective date of the AD, incorporating the
re-calculated life limits into maintenance records required by 14 CFR
91.417(a)(2) or 135.439(a)(2), as applicable for your helicopter.

Costs of Compliance

    The FAA estimates that this AD affects 7 helicopters of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Recalculating the torque cycles and updating maintenance records
takes about 4 work-hours for an estimated cost of about $340 per
helicopter and $2,380 for the U.S. fleet. Incorporating actions and
associated thresholds and intervals, including life limits and
maintenance tasks, into maintenance records, takes about 2 work-hours
for an estimated cost of $170 per helicopter and $1,190 for the U.S.
fleet. Replacing a main rotor shaft takes about 40 work-hours and parts
cost about $175,684 for an estimated cost of $179,084. Replacing a main
gearbox flexible mounting plate support takes about 80 work-hours and
parts cost about $57,457 for an estimated cost of $64,257.

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.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2022-18-07 Airbus Helicopters: Amendment 39-22158; Docket No. FAA-
2022-0804; Project Identifier MCAI-2022-00081-R.

(a) Effective Date

    This airworthiness directive (AD) is effective October 13, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model AS332C, AS332C1,
AS332L, and AS332L1 helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 1400,
Miscellaneous Hardware.

(e) Unsafe Condition

    This AD was prompted by review of maintenance instructions that
showed conflicting methods of recording torque cycles for certain
parts. The FAA is issuing this AD to address under-calculated torque
cycle accumulations and prevent a part from remaining in service
beyond its fatigue life. The unsafe condition, if not addressed,
could result in failure of a part and subsequent loss of control of
the helicopter.

(f) Compliance

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

 (g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0012, dated January 24, 2022 (EASA AD 2022-0012).

(h) Exceptions to EASA AD 2022-0012

    (1) Where EASA AD 2022-0012 defines ``the ASB'' as ``AH Alert
Service Bulletin (ASB) AS332-01.00.76,'' for this AD replace that
definition with ``Airbus Helicopters Alert Service Bulletin No.
AS332-01.00.76, Revision 1, dated March 8, 2022.''
    (2) Where EASA AD 2022-0012 references flight hours (FH) and the
service information referenced in EASA AD 2022-0012 specifies life
limit thresholds in terms of FH, this AD requires using total hours
time-in-service.
    (3) Where EASA AD 2022-0012 refers to its effective date, this
AD requires using the effective date of this AD.
    (4) This AD does not mandate paragraph (3) of EASA AD 2022-0012;
instead, for this AD, within 30 days after the effective date of
this AD, incorporate into maintenance records required by 14 CFR
91.417(a)(2) or 135.439(a)(2), as applicable for your helicopter,
the actions and associated thresholds and intervals, including life
limits and maintenance tasks, specified in the Appendix, section 4.,
of Airbus Helicopters Alert Service Bulletin No. AS332-01.00.76,
Revision 1, dated March 8, 2022. After the action required by this
paragraph has been done, no alternative actions and associated
thresholds and intervals, including life limits, may be used unless
the actions or intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (k)(1) of this AD.
    (5) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2022-0012.

 (i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0012
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.

 (j) Special Flight Permit

    Special flight permits are prohibited.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 International Validation Branch, send
it to the attention of the person identified in paragraph (l) of
this AD.

Information may be emailed to: [email protected].
    (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.

(l) Related Information

    For more information about this AD, contact Kristi Bradley,
Program Manager, COS Program Management Section, Operational Safety
Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood
Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
[email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Helicopters Alert Service Bulletin No. AS332-
01.00.76, Revision 1, dated March 8, 2022.
    (ii) European Union Aviation Safety Agency (EASA) AD 2022-0012,
dated January 24, 2022.
    (3) For Airbus Helicopters service information identified in
this AD, contact Airbus Helicopters, 2701 North Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at https://www.airbus.com/helicopters/services/technical-support.html. For EASA AD 2022-0012, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; internet www.easa.europa.eu. You may find
the EASA material on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket at https://www.regulations.gov by searching
for and locating Docket No. FAA-2022-0804.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 19, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-19257 Filed 9-7-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Proposed Rules]
[Page 51523-51524]
[DOCID:fr07oc09-20]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0457; Airspace Docket No. 09-AAL-10]

Proposed Establishment of Class E Airspace; Point Thompson, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This action proposes to establish Class E airspace at Point
(Pt.) Thompson Airport at Pt. Thompson, AK. The privately funded
Special Instrument Approach Procedures (IAPs) serving Pt. Thompson, AK
have been drafted. The FAA's policy is to provide controlled airspace
at airports serviced by instrument procedures for the safe and
efficient use of Instrument Flight Rules (IFR) operations at Pt.
Thompson Airport.

DATES: Comments must be received on or before November 23, 2009.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2009-0457/Airspace Docket
No. 09-AAL-10, at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov. You may review
the public docket containing the proposal, any comments received, and
any final disposition in person in the Dockets Office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-0457/
Airspace Docket No. 09-AAL-10.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of Notice of Proposed Rulemakings (NPRMs)

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRM's should contact the
FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a copy of
Advisory Circular

No. 11-2A, Notice of Proposed Rulemaking Distribution System, which
describes the application procedure.

The Proposal

    The FAA is considering an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71, to establish Class E airspace extending
upward from 700 feet (ft.) above the surface at Pt. Thompson, AK.
Controlled airspace is necessary to accommodate two special IAPs
developed for the Pt. Thompson Airport. They are the Area Navigation
(RNAV) Global Positioning System (GPS) Runway (RWY) 4, Original, and
the RNAV (GPS) RWY 22, Original. The textual ODP is unnamed. The FAA is
proposing this action for the safety and management of IFR operations
at the Pt. Thompson Airport, Pt. Thompson, AK.
    The Class E airspace areas designated as 700/1200 foot transition
areas are published in paragraph 6005 in FAA Order 7400.9T, Airspace
Designations and Reporting Points, signed August 27, 2009, and
effective September 15, 2009, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
would be subsequently published in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
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, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, 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 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to establish Class E airspace at the Pt. Thompson Airport
at Pt. Thompson, AK, and represents the FAA's continuing effort to
safely and efficiently use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009, is to be amended as follows:
* * * * *
Paragraph 6005 Class E Airspace Extending Upward from 700 Feet or
More Above the Surface of the Earth.
* * * * *

AAL AK E5 Point Thompson, AK [New]

Pt. Thompson, Pt. Thompson Airport, AK
    (Lat. 70[deg]10'52'' N., long. 146[deg]21'01'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the Pt. Thompson Airport, AK.
* * * * *

    Issued in Anchorage, AK, on September 18, 2009.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. E9-24174 Filed 10-6-09; 8:45 am]

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[Federal Register: February 13, 2008 (Volume 73, Number 30)]
[Rules and Regulations]
[Page 8193]
[DOCID:fr13fe08-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0063 Formerly CGD11-08-003]

Drawbridge Operation Regulations; Sacramento River, Sacramento,
CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eleventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento,
CA. The deviation is necessary to allow the public to cross the bridge
to participate in the scheduled Shamrock Half Marathon Footrace, a
community event. This deviation allows the bridge to remain in the
closed-to-navigation position during the race.

DATES: This deviation is effective from 7:45 a.m. through 9:45 a.m. on
March 16, 2008.

ADDRESSES: Materials referred to in this document are available for
inspection or copying at Commander (dpw), Eleventh Coast Guard
District, Building 50-2, Coast Guard Island, Alameda, CA 94501-5100,
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The telephone number is<PHONE_NUMBER>. The Eleventh Coast
Guard District maintains the public docket for this temporary
deviation.

FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The California Department of Transportation
requested a temporary change to the operation of the Tower Drawbridge,
mile 59.0, over the Sacramento River, at Sacramento, CA. The Tower
Drawbridge navigation span provides a vertical clearance of 30 feet
above Mean High Water in the closed-to-navigation position. The draw
opens on signal as required by 33 CFR 117.5. Navigation on the waterway
is commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position
7:45 a.m. through 9:45 a.m. on March 16, 2008 to allow participants in
the Shamrock Half Marathon Footrace to cross the bridge during the
event. This temporary deviation has been coordinated with waterway
users. There are no scheduled river boat cruises or anticipated levee
maintenance during this deviation period. No objections to the
temporary deviation were raised.
    Vessels that can transit the bridge, while in the closed-to-
navigation position, may continue to do so at any time.
    In the event of an emergency the drawspan can be opened with 30
minutes advance notice.
    In accordance with 33 CFR 117.35(e), the drawbridge 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: January 29, 2008.
C.E. Bone,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. E8-2690 Filed 2-12-08; 8:45 am]

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