[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Rules and Regulations]
[Pages 48795-48797]
[FR Doc No: 2013-18528]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0263; Directorate Identifier 2013-NE-12-AD;
Amendment 39-17535; AD 2013-15-19]
RIN 2120-AA64

Airworthiness Directives; BRP-Powertrain GmbH & Co KG Rotax
Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for all BRP-Powertrain GmbH & Co KG Rotax model 912 F2; 912 F3; 912 F4;
912 S2; 912 S3; 912 S4; 914 F2; 914 F3; and 914 F4 reciprocating
engines. That AD required a one-time visual inspection for excessive
oil or carbon deposits on the cylinder No. 2 and No. 3 (\2/3\) spark
plug center and grounding electrodes, and if found, replacement of the
cylinder head before further flight. This AD was prompted by a report
that additional engine cylinder heads are likely to be affected. We are
issuing this AD to prevent excessive oil consumption, which could
result in an in-flight engine shutdown, forced landing, and damage to
the airplane.

DATES: This AD is effective August 27, 2013.
    We must receive any comments on this AD by September 26, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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 BRP-
Powertrain GmbH & Co KG, Welser Strasse 32, A-4623 Gunskirchen,
Austria; Internet: http://www.FLYROTAX.com. You may view this service
information at the FAA, Engine & Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Frederick Zink, Aerospace Engineer,
Engine Certification Office, FAA, Engine & Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On April 4, 2013, we issued AD 2013-07-12, amendment 39-17416 (78
FR 22166, April 15, 2013), for certain BRP-Powertrain GmbH & Co KG
Rotax model 912 F2; 912 F3; 912 F4; 912 S2; 912 S3; 912 S4; 914 F2; 914
F3; and 914 F4 reciprocating engines. That AD required a one-time
visual inspection for excessive oil or carbon deposits on the \2/3\
spark plug center and grounding electrodes, and if found, replacement
of the cylinder head before further flight. That AD resulted from a
report of certain cylinder heads not manufactured to proper
specification. We issued that AD to prevent excessive oil consumption,
which could result in an in-flight engine shutdown, forced landing, and
damage to the airplane.

Actions Since AD Was Issued

    Since we issued AD 2013-07-12 (78 FR 22166, April 15, 2013), we
received a report that additional engine cylinder heads are likely to
be affected. In addition, some affected cylinder head assemblies, part
number (P/N) 623682 and P/N 623687, were supplied as spares between
January 31, 2013 and May 28, 2013. Also, since we issued AD 2013-07-12,
the European Aviation Safety Agency (EASA) has issued AD 2013-0117-E,
dated May 30, 2013, which supersedes and retains the requirements of
EASA AD 2013-0055-E and expands the applicability to include all model
912 and 914 engines.

Relevant Service Information

    We reviewed BRP-Powertrain GmbH & Co KG Rotax Aircraft Engines
Mandatory Alert Service Bulletin (MASB) No. ASB-912-062, Revision 2 and
ASB-914-044, Revision 2 (provided as one document), dated May 29, 2013.
The service information describes procedures for inspecting cylinder
head assemblies for evidence of excessive oil consumption.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires a one-time visual inspection of the center and
grounding electrodes of both top and bottom spark plugs on cylinder \2/
3\ for unusual deposits and to replace, before further flight, those
cylinder heads not manufactured to proper specification.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
the short compliance

time requirement. Therefore, we find that notice and opportunity for
prior public comment are impracticable and that good cause exists for
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2013-0263; Directorate Identifier 2013-NE-12-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 affects about 197 engines installed on
airplanes of U.S. registry. We also estimate that it would take about 2
hours per engine to inspect a cylinder head assembly. The average labor
rate is $85 per hour. Based on these figures, we estimate the cost of
this AD on U.S. operators to be $33,490.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction, 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 part 39 of the Federal Aviation
Regulations (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 removing airworthiness directive (AD)
2013-07-12, Amendment 39-17416 (78 FR 22166, April 15, 2013) and adding
the following new AD:

2013-15-19 BRP-Powertrain GmbH & Co. KG (formerly BRP-Rotax GmbH &
Co KG, Bombardier-Rotax GmbH & Co. KG, and Bombardier-Rotax GmbH):
Amendment 39-17535; Docket No. FAA-2013-0263; Directorate Identifier
2013-NE-12-AD.

(a) Effective Date

    This AD is effective August 27, 2013.

(b) Affected ADs

    This AD supersedes AD 2013-07-12, Amendment 39-17416 (78 FR
22166, April 15, 2013)

(c) Applicability

    This AD applies to the following BRP Powertrain GmbH & Co KG
Rotax reciprocating engines:
    (1) Rotax 912F from serial number (S/N) 4,413.013 to S/N
4,413.019, inclusive.
    (2) Rotax 912S, from S/N 4,924.468 to S/N 4,924.543, inclusive.
    (3) Rotax 914F, from S/N 4,421.156 to S/N 4,421.177, inclusive.
    (4) All Rotax 912F, 912S, and 914F engines with cylinder head
assembly, part number (P/N) 623682 or P/N 623687, supplied by BRP-
Powertrain between January 31, 2013, and May 28, 2013, installed.

(d) Unsafe Condition

    This AD was prompted by a report that additional engine cylinder
heads are likely to be affected. We are issuing this AD to prevent
excessive oil consumption, which could result in an in-flight engine
shutdown, forced landing, and damage to the airplane.

(e) Compliance

    Comply with this AD within the compliance times specified,
unless already done.
    (1) Within 5 flight hours or 20 days after the effective date of
this AD, whichever occurs first, perform a one-time visual
inspection of the center and grounding electrodes of both top and
bottom spark plugs on cylinder 2 and cylinder 3, for unusual
deposits of excessive oil or carbon deposits. Any excessive oil or
carbon deposits indicate the cylinder head is not manufactured to
proper specification and is leaking oil into the combustion chamber.
    (2) Before further flight, replace cylinder heads not
manufactured to proper specification.
    (3) From the effective date of this AD, installation on an
engine of an affected spare cylinder head assembly part number (P/N)
623682 or P/N 623687, supplied by BRP-Powertrain between January 31,
2013, and May 28, 2013, is prohibited unless the engine, with the
spare cylinder head installed, is test run for at least 20 minutes
and the inspection called out in paragraph (e) (1) of this AD is
accomplished. If the cylinder head fails the inspection required by
paragraph (e) (1) of this AD, remove the cylinder head assembly
before further flight.

(f) Definitions

    For the purpose of this AD, unusual deposits (excessive carbon
or oil) is when:
    (1) Carbon is a visual buildup of dark carbon deposits on the
center and grounding electrodes as well as the immediate surrounding
area, and
    (2) Excessive oil is a visual buildup indicated by the presence
of oil on the center and grounding electrodes as well as the
immediate surrounding area, giving a wet appearance.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, may approve AMOCs for
this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(h) Related Information

    (1) For more information about this AD, contact Frederick Zink,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England

Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>; fax: 781-
238-7199; email<EMAIL_ADDRESS>    (2) Refer to European Aviation Safety Agency Emergency
Airworthiness Directive 2013-0117-E, dated May 30, 2013, and BRP-
Powertrain GmbH & Co KG Rotax Aircraft Engines Mandatory Alert
Service Bulletin (MASB) No. ASB-912-062, Revision 2 and ASB-914-044,
Revision 2 (provided as one document), dated May 29, 2013, for
related information.
    (3) For service information identified in this AD, contact BRP-
Powertrain GmbH & Co KG, Welser Strasse 32, A-4623 Gunskirchen,
Austria; Internet: http://www.FLYROTAX.com.
    (4) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

(i) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on July 24, 2013.
Thomas A. Boudreau,
Acting Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2013-18528 Filed 8-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Rules and Regulations]
[Pages 4097-4100]
[FR Doc No: 2014-01376]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2013-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final 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: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Associate Administrator for
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR Part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR Part 60.

    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed
below. Elevations at selected locations in each community are shown.
    National Environmental Policy Act. This final 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 final 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 final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR Part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                                                     (NAVD)
                                           Location of Referenced     Depth in feet
           Flooding Source(s)                   Elevation**            above ground       Communities affected
                                                                    [caret] Elevation
                                                                     in  meters (MSL)
                                                                        Effective
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                 Volusia County, Florida, and Incorporated Areas
                                             Docket No.: FEMA-B-1221
----------------------------------------------------------------------------------------------------------------
B-19 Canal.............................  At the Spruce Creek                       +5  City of Daytona Beach,
                                          confluence.                                   City of Port Orange,
                                                                                Unincorporated Areas of
                                                                                Volusia County.
                                         Approximately 375 feet                   +29
                                          upstream of Beville Road.
B-27 Canal North.......................  At the LPGA Canal                         +5  City of Holly Hill,
                                          confluence.                                   Unincorporated Areas of
                                                                                Volusia County.
                                         Approximately 75 feet                     +5
                                          upstream of Calle Grande
                                          Street.
B-27 Canal South.......................  At the LPGA Canal                         +5  City of Daytona Beach,
                                          confluence.                                   City of Holly Hill.
                                         Approximately 70 feet                     +6
                                          upstream of Kingston
                                          Avenue.
Halifax Canal..........................  Approximately 700 feet                    +6  City of Port Orange.
                                          upstream of Powers
                                          Avenue.
                                         Approximately 100 feet                    +7
                                          upstream of Jackson
                                          Street.
LPGA Canal.............................  At the upstream side of                   +4  City of Holly Hill.
                                          Ridgewood Avenue.
                                         Approximately 1,940 feet                  +7
                                          upstream of Center
                                          Avenue.
Laurel Creek...........................  At the upstream side of                   +6  City of Ormond Beach.
                                          the railroad.
                                         Approximately 330 feet                    +7
                                          upstream of Laurel Oaks
                                          Circle.
Nova Canal North Reach 1...............  Approximately 775 feet                    +7  City of Holly Hill,
                                          downstream of LPGA                            Unincorporated Areas of
                                          Boulevard.                                    Volusia County.
                                         At the upstream side of                   +7
                                          Alabama Avenue.
Nova Canal North Reach 2...............  Approximately 1,660 feet                  +7  City of Daytona Beach,
                                          downstream of 10th                            City of Holly Hill.
                                          Street.
                                         Approximately 925 feet                    +8
                                          upstream of Orange
                                          Avenue.
Nova Canal South Reach 1...............  Approximately 125 feet                    +7  City of Daytona Beach,
                                          downstream of Reed Canal                      City of South Daytona.
                                          Road.
                                         At the Nova Canal North                   +8
                                          Reach 2 confluence.
Nova Canal South Reach 2...............  Approximately 1,775 feet                  +7  City of Port Orange, City
                                          upstream of Nova Road.                        of South Daytona.
                                         At the Nova Canal South                   +7
                                          Reach 1 confluence.
Thompson Creek.........................  At the upstream side of                   +7  City of Ormond Beach.
                                          Industrial Drive.

                                         Approximately 575 feet                    +8
                                          upstream of Division
                                          Avenue.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

City of Daytona Beach
Maps are available for inspection at 950 Bellevue Avenue, Room 600, Daytona Beach, FL 32115.

City of Holly Hill
Maps are available for inspection at 1065 Ridgewood Avenue, Holly Hill, FL 32117.

City of Ormond Beach
Maps are available for inspection at 22 South Beach Street, Ormond Beach, FL 32174.

City of Port Orange
Maps are available for inspection at 1000 City Center Circle, Port Orange, FL 32129.

City of South Daytona
Maps are available for inspection at 1672 South Ridgewood Avenue, South Daytona, FL 32119.

                                     Unincorporated Areas of Volusia County
Maps are available for inspection at 123 West Indiana Avenue, DeLand, FL 32720.
----------------------------------------------------------------------------------------------------------------
                                  Erie County, Pennsylvania (All Jurisdictions)
                                             Docket No.: FEMA-B-1104
----------------------------------------------------------------------------------------------------------------
Fourmile Creek.........................  Approximately 735 feet                  +577  Township of Harborcreek,
                                          downstream of Access                          Township of Lawrence
                                          Road.                                         Park.
                                         Approximately 745 feet                  +688
                                          downstream of Buffalo
                                          Road.
                                         Approximately 485 feet                  +693
                                          downstream of Buffalo
                                          Road.
                                         Approximately 400 feet                  +770
                                          upstream of Mindi Court.
Lake Erie..............................  Entire coastline in the                 +577  Borough of Lake City,
                                          Commonwealth of                               Township of Girard,
                                          Pennsylvania.                                 Township of Harborcreek,
                                                                                Township of North East.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
                                                    ADDRESSES

Borough of Lake City
Maps are available for inspection at the Municipal Building, 2350 Main Street, Lake City, PA 16423.

Township of Girard
Maps are available for inspection at the Municipal Building, 10140 West Ridge Road, Girard, PA 16417.

Township of Harborcreek
Maps are available for inspection at the Township Building, 5601 Buffalo Road, Harborcreek, PA 16421.

Township of Lawrence Park
Maps are available for inspection at the Lawrence Park Township Office, 4230 Iroquois Avenue, Erie, PA 16511.

Township of North East
Maps are available for inspection at the Township Main Office, 1300 West Main Road, North East, PA 16428.
----------------------------------------------------------------------------------------------------------------

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

    Dated: December 18, 2013.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2014-01376 Filed 1-23-14; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Rules and Regulations]
[Pages 51347-51349]
[FR Doc No: 2017-24068]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1011]
RIN 1625-AA00

Safety Zone, Delaware River; Pipeline Removal

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the
Mifflin Range on the Delaware River to facilitate pipeline removal in
preparation for the deepening of the Delaware River. The safety zones
will be established for the waters in the vicinity of the dredge,
dredge equipment, dive operations, and pipe removal operations. This
regulation is necessary to provide for the safety of life on navigable
waters of the Delaware River in the vicinity of pipeline removal
operations and to protect mariners from the hazards associated with
dredging and pipeline removal operations. Entry of vessels or persons
into these zones is prohibited unless specifically authorized by the
Captain of the Port Delaware Bay.

DATES: This rule is effective from November 6, 2017, through December
4, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1011 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 Petty Officer Edmund Ofalt, Waterways Management Branch,
U.S. Coast Guard Sector Delaware Bay; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule due to the short time period between when
Sector Delaware Bay received complete details of this project, October
20, 2017, and the date when these safety zones needed to go into effect
by. It is impracticable and contrary to the public interest to publish
an NPRM to provide a notice and opportunity for comment period because
the safety zones must be established by November 6, 2017 to ensure
safety of life on navigable waters in the vicinity of dredging
operations, underwater cutting operations, and pipeline removal
operations and to protect mariners from hazards associated with the
same.
    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 the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the hazards presented to
safety of life on the Delaware River by the presence of dredge
equipment, dredging operations, dive operations, and pipeline removal
operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) Delaware Bay has determined that
potential hazards associated with dredging, dive operations, and
pipeline removal operations starting November 6, 2017, will be a safety
concern for vessels attempting to transit the Delaware River along the
Mifflin Range. This rule is needed to protect personnel, vessels, and
the marine environment on the navigable waters within the safety zone
while dredging, dive operations, and pipeline removal operations are
being conducted.

IV. Discussion of the Rule

    This rule establishes two safety zones on a portion of the Mifflin
Range, just upriver of the green 63 buoy, in the Delaware River from
November 6, 2017, through December 4, 2017, unless cancelled earlier by
the COTP, to facilitate dredging, dive operations, and pipeline
removal. Dredging operations to expose the pipeline will commence on
November 6, 2017. The hopper dredge 549 will be conducting the dredging
operations and will be attended by the towing vessel SHELBY. Dive
operations will commence approximately one week after the completion of
dredging operations and will continue through completion of removal of
the pipeline.
    Safety zone one includes all navigable waters within 250 yards of
the dredge barge 549 and associated pipeline removal equipment, to
include any equipment located within Anchorage 9 near the entrance to
Mantua Creek found in 33 CFR 110.157(a)(10).
    Safety zone two includes all navigable waters within 250 yards of
the dive barge 543 and all associated pipeline removal equipment, to
include any equipment located within Anchorage 9 near the entrance to
Mantua Creek Found in 33 CFR 110.157 (a)(10).
    Vessels requesting to transit either safety zone must contact the
towing vessel SHELBY on VHF-FM channel 13 or 65, at least 1 hour, as
well as 30 minutes prior to arrival to arrange safe passage. Vessels
may also contact the COTP for permission to enter or transit either
safety zone on VHF-FM 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 size,
location, and duration of the safety zones. Although this regulation
will restrict access to regulated areas, the effect of this rule will
not be significant because there are a number of alternate anchorages
available. Furthermore, vessels may be permitted to transit through the
safety zone with the permission of the COTP or make satisfactory
passing arrangements with the towing vessel SHELBY in accordance with
this rule and the Rules of the Road (33 CFR subchapter E). Extensive
notification of the safety zones to the maritime public will be made
via maritime advisories allowing mariners to alter their plans
accordingly.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
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 above.

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 a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone that encompasses all navigable waters
within 250 yards of a dredge, diving operations, pipeline removal
operations and all associated equipment. It is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

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
recordkeeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  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. Add Sec.  165.T05-1011, to read as follows:

Sec.  165.T05-1011  Safety Zone, Delaware River; Pipeline Removal.

    (a) Location. The following areas are safety zones:
    (1) Safety zone one includes all navigable waters within 250 yards
of the dredge barge 549 and associated equipment operating in Mifflin
Range and Anchorage 9 near the entrance to Mantua Creek, upriver of
green buoy 63, on the Delaware River.
    (2) Safety zone two includes all navigable waters within 250 yards
of the dive barge 543 and associated equipment operating in Mifflin
range and Anchorage 9 near the entrance to Mantua Creek, upriver of
green buoy 63, on the Delaware River.
    (b) Definitions. (1) Captain of the Port means the Commander Sector
Delaware Bay or any Coast Guard commissioned, warrant, or petty officer
who has been authorized by the Captain of the Port to act on his
behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Delaware Bay, to assist with the enforcement of safety zones
described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 33
CFR part 165 subpart C apply to the safety zone created by this
section.
    (1) Entry into or transiting within either safety zone is
prohibited unless vessels obtain permission from the Captain of the
Port via VHF-FM channel 16, or make satisfactory passing arrangements
via VHF-FM channels 13 or 65, with the towing vessel SHELBY per this
section and the rules of the Road (33 CFR subchapter E). Vessels
requesting to transit shall contact the towing vessel SHELBY on channel
13 or 65, at least 1 hour, as well as 30 minutes, prior to arrival.
    (2) Vessels granted permission to enter and transit the safety zone
must do so in accordance with any directions or orders of the Captain
of the Port, his designated representative, or the towing vessel
SHELBY. No person or vessel may enter or remain in a safety zone
without permission from the Captain of the Port or the towing vessel
SHELBY.
    (3) At least one side of the main navigational channel will be kept
clear for safe passage of vessels.
    (4) This section applies to all vessels that intend to transit
through the safety zone except vessels that are engaged in the
following operations: Enforcement of laws; service of aids to
navigation, and emergency response.
    (d) Enforcement periods. This section will be enforced from
November 6, 2017, through December, 4 2017.

    Dated: November 1, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-24068 Filed 11-3-17; 8:45 am]
 BILLING CODE 9110-04-P