[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50711-50712]
[FR Doc No: 2015-20568]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0262]

Hours of Service of Drivers; National Star Route Mail Contractors
Association; Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from the
National Star Route Mail Contractors Association (NSRMCA) on behalf of
its member motor carriers that transport mail under contract for the
United States Postal Service (USPS). NSRMCA requests that its contract
carriers be exempt from the ``14-hour rule'' of the Agency's hours-of-
service regulations found in section 395.3(a)(2). NSRMCA specifically
requests that a U.S. mail-carrying driver may elect to drive a U.S.
mail-carrying commercial motor vehicle (CMV) no more than 10 hours
following 8 consecutive hours off duty; and not drive after having been
on duty 15 hours following 8 consecutive hours off duty. NSRMCA
believes the exemption would positively impact safety, while reducing
operating costs for USPS and contractors that provide Highway Contract
Route services to the USPS. FMCSA requests public comment on the NSRMCA
application for exemption.

DATES: Comments must be received on or before September 21, 2015.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2015-0262 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to www.regulations.gov, including any personal
information provided. Please also see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov, and follow the online
instructions for accessing the dockets, or go to the street address
listed above.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). Before doing so, the Agency must provide an
opportunity for public comment. The Agency is required to publish a
notice of each exemption request in the Federal Register (49 CFR
381.315(a)), providing the public an opportunity to inspect the
information relevant to the application, including any safety analyses
that have been conducted, and to comment on the request. FMCSA must
review the safety analyses and public comments submitted and determine
whether granting the exemption would likely achieve a level of safety
equivalent to, or greater than, the level that would be achieved by the
current regulation (49 CFR 381.305). The Agency must publish its
decision in the Federal Register (49 CFR 381.315(b)) and state the
reasons for denying or granting the application. If the exemption is
granted, the notice must include the name of the person or entity, or
class of persons, receiving the exemption, and the regulation from
which the exemption is granted. The notice must also specify the
effective period of the exemption and state the terms and conditions of
the exemption, if any. The exemption may be renewed (49 CFR
381.300(b)).

Request for Exemption

    NSRMCA is a national trade association representing contractors
transporting mail for the United States Postal Service (USPS). The
NSRMCA represents contractors in all 50 States as well as U.S.
territories. The NSRMCA's interest is in the safe and efficient
delivery of U.S. mail. NSRMCA members employ drivers who are regulated
by the FMCSA hours-of-service (HOS) regulations, and they submitted
their request for exemption on behalf of all motor carriers that meet
the terms specified within the request.
    NSRMCA is seeking an exemption from the ``14-hour rule'' in 49 CFR
395.3(a)(2), which prohibits a property-

carrying CMV driver from driving a CMV after the 14th hour after coming
on duty following 10 consecutive hours off duty. Under NSRMCA's
proposal, they request that a U.S. mail-carrying driver may elect to
drive a U.S. mail-carrying CMV no more than 10 hours following 8
consecutive hours off duty; and not drive after having been on duty 15
hours following 8 consecutive hours off duty.
    Many of NSRMCA's member carriers and drivers work in ``split-
shift'' operations. Their Highway Contract Routes involve the
distribution of mail from a central processing facility to U.S. Post
Offices in the morning. In the afternoon, U.S. mail collected by these
same U.S. Post Offices is picked up and delivered to a central USPS
processing facility. A typical day for a NSRMCA driver involved in the
distribution of mail from a central processing facility starts early
morning and ends 4 hours later at the last U.S. Post Office on the
route. The return route typically starts 9 hours later at this same
U.S. Post Office, collecting received mail at each U.S. Post Office on
the route and delivering to the USPS central processing facility 4
hours later. A typical driver will have worked 8 hours, with a 9-hour
break during the day between outbound and inbound routes, and a 7-hour
break overnight. Neither of these breaks meets the required 10
consecutive hours break (i.e., off-duty or sleeper-berth time) as
required in section 393.3(a)(1) in the FMCSRs. Their drivers typically
spend a great part of their 14-hour ``driving window'' not driving;
however, their schedules as detailed above necessitate NSRMCA's request
for this exemption.
    The NSRMCA conducted a survey of its membership to determine who
would be interested in using the proposed exemption. Twenty-two member
motor carriers--who employ 1,834 drivers--replied that they would be
interested in utilizing the proposed exemption. These motor carriers
operate a total of 1,175 vehicles, 507 of which are used in ``split-
shift'' operations.
    NSRMCA believes the exemption would achieve a level of safety
equivalent to, or greater than, the level of safety obtained under the
current ``14-hour rule'', which prohibits operators of property-
carrying CMVs from driving after the 14th hour of coming on duty. They
believe that this exemption--if granted--would positively impact
safety, while reducing operating costs for the USPS and contractors
that provide Highway Contract Route services to the USPS. To qualify
for this exemption, NSRMCA proposes the following four conditions: (1)
A driver must have a rest opportunity; (2) motor carriers operating
under this exemption must have a ``Satisfactory'' safety rating, or be
unrated; (3) motor carriers operating under this exemption must have
Safety Management System (SMS) scores below FMCSA's intervention
thresholds; and (4) motor carrier representatives must participate in
annual education, focusing on safety rating and regulatory compliance
within the mail contracting environment.
    According to NSRMCA, operating under the proposed exemption would
be safer than operating under the current FMCSRs, as drivers will spend
less total time performing all tasks related to their employment.
Furthermore, drivers and vehicles will travel less distance performing
the same volume of work, thereby improving safety performance. A copy
of the application for exemption is available for review in the docket
for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment on NRSMCA's application for an exemption from
the ``14-hour rule'' requirement of 49 CFR 395.3(a)(2). The Agency will
consider all comments received by close of business on September 21,
2015. Comments will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice.

    Issued on: August 13, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20568 Filed 8-19-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Proposed Rules]
[Pages 12307-12311]
[FR Doc No: 2018-05721]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0198]
RIN 1625-AA00

Safety Zones; Recurring Safety Zones in Captain of the Port Sault
Sainte Marie Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its recurring safety zones
regulations in the Captain of the Port Sault Sainte Marie Zone. This
proposed rule would update eighteen safety zone locations, dates, and
sizes, add three safety zones, remove two established safety zones, and
reformat the regulations into an easier to read table format. These
proposed amendments will protect spectators, participants, and vessels
from the hazards associated with annual marine events and firework
shows, and improve the clarity and readability of the regulation. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 20, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0198 using the Federal eRulemaking Portal at http://www.regulations.gov. Type the docket number (USCG-2018-0198) in the
``SEARCH'' box and click ``SEARCH.'' See the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Sean V. Murphy, Chief of
Waterways Management, Coast Guard Sector Sault Sainte Marie, U.S. Coast
Guard; 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, Purpose, and Legal Basis

    On April 18, 2011 the Coast Guard published an NPRM in the Federal
Register (76 FR 21677) entitled ``Safety Zones; Annual Events Requiring
Safety Zones in the Captain of the Port Sault Sainte Marie Zone.'' The
NPRM proposed to establish 20 permanent safety zones for annually
recurring events in the Captain of the Port Sault Sainte Marie Zone
under Sec.  165.918. The NPRM was open for comment for 30 days.
    On June 2, 2011 the Coast Guard published the Final Rule in the
Federal Register (76 FR 31839), after receiving no comments on the
NPRM. Since that time there have been changes to the events that were
listed in the Final Rule and additional annual events have been
established. Through this proposed rule the Coast Guard seeks to update
Sec.  165.918 to reflect the current status of recurring marine events
in the Captain of the Port Sault Sainte Marie Zone.
    The legal basis for this proposed rulemaking is found at 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.

III. Discussion of Proposed Rule

    The Captain of the Port Sault Sainte Marie (COTP) has determined
that an amendment to the recurring safety zones list as published in 33
CFR 165.918 will be necessary to: update the location, date, and size
of eighteen existing safety zones (Marquette Fourth of July Celebration
Fireworks, Munising Fourth of July Celebration Fireworks, Sault Sainte
Marie Fourth of July Celebration Fireworks, Mackinac Island Fourth of
July Celebration Fireworks, Harbor Springs Fourth of July Celebration
Fireworks, Bay Harbor Yacht Club Fourth of July Celebration Fireworks,
Petoskey Fourth of July Celebration Fireworks, Boyne City Fourth of
July Celebration Fireworks, Alpena Fourth of July Celebration
Fireworks, Charlevoix Venetian Festival Friday Night Fireworks,
Charlevoix Venetian Festival Saturday Night Fireworks, Elk Rapids
Harbor Days Fireworks, Jordan Valley Freedom Festival Fireworks, Canada
Day Celebration Fireworks, Festival of Fireworks Celebration Fireworks,
Grand Marais Splash In, National Cherry Festival Airshow, and National
Cherry Festival Finale Fireworks), establish three safety zones
(Mackinaw Area Visitors Bureau Friday Night Fireworks, Nautical City
Fireworks, and Traverse City Fourth of July Celebration Fireworks),
remove National Cherry Festival Fourth of July Celebration Fireworks
and St. Ignace Fourth of July Celebration Fireworks safety zones, and
format the existing regulations into a table format. The purpose of
this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled events and to
improve the overall clarity and readability of the rule. The regulatory
text we are proposing appears at the end of this document.
    The amendments to this proposed rule are necessary to ensure the
safety of vessels and people during annual events taking place on or
near federally maintained waterways in the Captain of the Port Sault
Sainte Marie Zone. Although this proposed rule will be in effect year-
round, the specific safety zones listed in Table 165.918 will only be
enforced during a specified period of time.
    When a Notice of Enforcement for a particular safety zone is
published, entry into, transiting through, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port
Sault Sainte Marie, or his or her designated representative. The
Captain of the Port Sault Sainte Marie or his or her designated
representative may be contacted via VHF Channel 16 or telephone at 906-
635-3319. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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, duration, and time-of-day for each safety zone. Vessel
traffic will be able to safely transit around all safety zones which
will impact small designated areas within the COTP zone for short
durations of time. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone and the
rule allows vessels to seek permission to enter the zone.

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 zones 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.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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. 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. 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 proposed 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 proposed 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 made
a preliminary determination 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 proposed rule involves the update
of eighteen safety zone locations, dates, and sizes, the addition of
three safety zones, the removal of two safety zones, and the
reformatting of regulations into an easier to read table format.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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 proposes
to amend 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.  165.918 to read as follows:

Sec.  165.918   Safety Zones; Recurring Safety Zones in Captain of the
Port Sault Sainte Marie.

    (a) Regulations. The following regulations apply to the safety
zones listed in Table 165.918 of this section:
    (1) In accordance with the general regulations in Sec.
[thinsp]165.23 of this part, entry into, transiting, or anchoring
within any of the safety zones listed in this section is prohibited
unless authorized by the Captain of the Port Sault Sainte Marie, or a
designated representative.
    (2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port Sault Sainte Marie or a designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
    (3) When a safety zone established by this section is being
enforced, all vessels must obtain permission from the Captain of the
Port Sault Sainte Marie or a designated representative to enter, move
within, or exit that safety zone. Vessels and persons granted
permission to enter the safety zone must obey all lawful orders or
directions of the Captain of the Port Sault Sainte Marie or a
designated representative. While within a safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
    (b) Suspension of Enforcement. If the event concludes earlier than
scheduled, the Captain of the Port Sault Sainte Marie or a designated
representative will issue a Broadcast Notice to Mariners notifying the
public that enforcement of the respective safety zone is suspended.
    (c) Exemption. Public vessels, defined as any vessel owned or
operated by the United States or by State or local

governments, operating in an official capacity are exempted from the
requirements of this section.
    (d) Waiver. For any vessel, the Captain of the Port Sault Sainte
Marie or a designated representative may, at his or her discretion,
waive any of the requirements of this section, upon finding that
circumstances are such that application of this section is unnecessary
or impractical for the purposes of safety or environmental safety.
    (e) Contacting the Captain of the Port. While a safety zone listed
in this section is enforced, the Captain of the Port Sault Sainte Marie
or a designated representative may be contacted via VHF Channel 16 or
telephone at<PHONE_NUMBER>. Vessel operators given permission to enter
or operate in a safety zone must comply with all directions given to
them by the Captain of the Port Sault Sainte Marie, or a designated
representative.
    (f) Notice of Enforcement. The Coast Guard will provide advance
notice of the enforcement including specific date, time, and size of
the safety zone being enforced in Table 165.918, by issuing a Notice of
Enforcement, as well as, a Broadcast Notice to Mariners.

                                                  Table 165.918
                                                [Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
                 Event                                     Location                            Event date
----------------------------------------------------------------------------------------------------------------
(1) Mackinaw Area Visitors Bureau        All U.S. navigable waters of the Straits of   Friday nights between
 Friday Night Fireworks; Mackinaw City,   Mackinac within an approximate 1000-foot      late May and early
 MI.                                      radius from the fireworks launch site         September.
                                          located in position 45[deg]46'35.48'' N,
                                          084[deg]43'16.20'' W.
(2) Jordan Valley Freedom Festival       All U.S. navigable waters of Lake             This event historically
 Fireworks; East Jordan, MI.              Charlevoix, near the City of East Jordan,     occurs in mid to late
                                          within the arc of a circle with an            June.
                                          approximate 1200-foot radius from the
                                          fireworks launch site in position
                                          45[deg]09'18'' N, 085[deg]07'48'' W.
(3) Grand Marais Splash In; Grand        All U.S. navigable waters within the          This event historically
 Marais, MI.                              southern portion of West Bay bound within     occurs mid to late June.
                                          the following coordinates:
                                          46[deg]40'22.08'' N, 085[deg]59'0.12'' W,
                                          46[deg]40'22.08'' N, 85[deg]58'22.08'' W,
                                          and 46[deg]40'14.64'' N, 85[deg]58'19.56''
                                          W, with the West Bay shoreline forming the
                                          South and West boundaries of the zone.
(4) Fireworks Over the Bay!; St.         All U.S. navigable waters of East Moran Bay   On or around July 4th and
 Ignace, MI.                              within an approximate 1000-foot radius from   Saturdays beginning late
                                          the fireworks launch site at the end of the   June to early September.
                                          Starline Mill Slip, centered in position:
                                          45[deg]52'24.62'' N, 084[deg]43'18.13'' W.
(5) National Cherry Festival Airshow     All U.S. navigable waters of the West Arm of  This event historically
 Safety Zone; Traverse City, MI.          Grand Traverse Bay within a box bounded by    occurs late June or
                                          the following coordinates: 44[deg]46'51.6''   early July.
                                          N, 085[deg]38'15.6'' W, 44[deg]46'23.4'' N,
                                          085[deg]38'22.8'' W, 44[deg]46'30.00'' N,
                                          085[deg]35'42.00'' W, and 44[deg]46'2.34''
                                          N, 085[deg]35'50.4'' W.
(6) National Cherry Festival Finale      All U.S. navigable waters of the West Arm of  This event historically
 Fireworks; Traverse City, MI.            Grand Traverse Bay within the arc of a        occurs late June or
                                          circle with an approximate 1200-foot radius   early July.
                                          from the fireworks launch site located on a
                                          barge in position 44[deg]46'12'' N,
                                          085[deg]37'06'' W.
(7) Canada Day Celebration Fireworks;    All U.S. navigable waters of the St. Marys    On or around July 1.
 Sault Sainte Marie, MI.                  River within an approximate 1400-foot
                                          radius from the fireworks launch site,
                                          centered approximately 160 yards north of
                                          the U.S. Army Corp of Engineers Soo Locks
                                          North East Pier, at position
                                          46[deg]30'20.40'' N, 084[deg]20'17.64'' W.
(8) Marquette Fourth of July             All U.S. navigable waters of Marquette        On or around July 4th.
 Celebration Fireworks; Marquette, MI.    Harbor within an approximate 1200-foot
                                          radius of the fireworks launch site,
                                          centered in position 46[deg]32'23.0'' N,
                                          087[deg]23'13.1'' W.
(9) Munising Fourth of July Celebration  All U.S. navigable waters of South Bay        On or around July 4th.
 Fireworks; Munising, MI.                 within an approximate 800-foot radius from
                                          the fireworks launch site at the end of the
                                          Munising City Dock, centered in position:
                                          46[deg]24'50.08'' N, 086[deg]39'08.52'' W.
(10) Sault Sainte Marie Fourth of July   All U.S. navigable waters of the St. Marys    On or around July 4th.
 Celebration Fireworks; Sault Sainte      River within an approximate 1000-foot
 Marie, MI.                               radius around the eastern portion of the
                                          U.S. Army Corp of Engineers Soo Locks North
                                          East Pier, centered in position:
                                          46[deg]30'19.66'' N, 084[deg]20'31.61'' W.
(11) Mackinac Island Fourth of July      All U.S. navigable waters of Lake Huron       On or around July 4th.
 Celebration Fireworks; Mackinac          within an approximate 750-foot radius of
 Island, MI.                              the fireworks launch site, centered
                                          approximately 1000 yards west of Round
                                          Island Passage Light, at position
                                          45[deg]50'34.92'' N, 084[deg]37'38.16'' W.
(12) Harbor Springs Fourth of July       All U.S. navigable waters of Lake Michigan    On or around July 4th.
 Celebration Fireworks; Harbor Springs,   and Harbor Springs Harbor within the arc of
 MI.                                      a circle with an approximate 1200-foot
                                          radius from the fireworks launch site
                                          located on a barge in position
                                          45[deg]25'30'' N, 084[deg]59'06'' W.
(13) Bay Harbor Yacht Club Fourth of     All U.S. navigable waters of Lake Michigan    On or around July 4th.
 July Celebration Fireworks; Petoskey,    and Bay Harbor Lake within the arc of a
 MI.                                      circle with an approximate 750-foot radius
                                          from the fireworks launch site located on a
                                          barge in position 45[deg]21'50'' N,
                                          085[deg]01'37'' W.
(14) Petoskey Fourth of July             All U.S. navigable waters of Lake Michigan    On or around July 4th.
 Celebration Fireworks; Petoskey, MI.     and Petoskey Harbor, in the vicinity of Bay
                                          Front Park, within the arc of a circle with
                                          an approximate 1200-foot radius from the
                                          fireworks launch site located in position
                                          45[deg]22'40'' N, 084[deg]57'30'' W.

(15) Boyne City Fourth of July           All U.S. navigable waters of Lake             On or around July 4th.
 Celebration Fireworks; Boyne City, MI.   Charlevoix, in the vicinity of Veterans
                                          Park, within the arc of a circle with an
                                          approximate 1400-foot radius from the
                                          fireworks launch site located in position
                                          45[deg]13'30'' N, 085[deg]01'40'' W.
(16) Alpena Fourth of July Celebration   All U.S. navigable waters of Lake Huron       On or around July 4th.
 Fireworks; Alpena, MI.                   within an approximate 1000-foot radius of
                                          the fireworks launch site located near the
                                          end of Mason Street, South of State Avenue,
                                          at position 45[deg]02'42'' N,
                                          083[deg]26'48'' W.
(17) Traverse City Fourth of July        All U.S. navigable waters of the West Arm of  On or around July 4th.
 Celebration Fireworks; Traverse City,    Grand Traverse Bay within the arc of a
 MI.                                      circle with an approximate 1200-foot radius
                                          from the fireworks launch site located on a
                                          barge in position 44[deg]46'12'' N,
                                          085[deg]37'06'' W.
(18) Charlevoix Venetian Festival        All U.S. navigable waters of Lake             This event historically
 Friday Night Fireworks; Charlevoix, MI.  Charlevoix, in the vicinity of Depot Beach,   occurs in late July.
                                          within the arc of a circle with an
                                          approximate 1200-foot radius from the
                                          fireworks launch site located on a barge in
                                          position 45[deg]19'08'' N, 085[deg]14'18''
                                          W.
(19) Charlevoix Venetian Saturday Night  All U.S. navigable waters of Round Lake       This event historically
 Fireworks; Charlevoix, MI.               within the arc of a circle with an            occurs in late July.
                                          approximate 500-foot radius from the
                                          fireworks launch site located on a barge in
                                          position 45[deg]19'03'' N, 085[deg]15'18''
                                          W.
(20) Elk Rapids Harbor Days Fireworks;   All U.S. navigable waters within the arc of   This event historically
 Elk Rapids, MI.                          a circle with an approximate 750-foot         occurs in early August.
                                          radius from the fireworks launch site
                                          located on a barge in position
                                          44[deg]54'6.95'' N, 85[deg]25'3.11'' W.
(21) Nautical City Fireworks; Rogers     All U.S. navigable waters within the arc of   Early August.
 City, MI.                                a circle with an approximate 750-foot
                                          radius from the fireworks launch site
                                          located near Harbor View Road in position
                                          45[deg]25'04.72'' N, 83[deg]47'51.21'' W.
----------------------------------------------------------------------------------------------------------------

    Dated: March 16, 2018.
M.R. Broz,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2018-05721 Filed 3-20-18; 8:45 am]
BILLING CODE 9110-04-P


THERdbASE March 3, 2003 THERdbASE ( Total Human Exposure Risk database and Advanced Simulation Environment) is an integrated database and analytical/ modeling software system for use in human exposure assessment calculations and studies. This software system combines in one user friendly platform many of the types of databases and models needed for human exposure assessment.

Purpose: THERdbASE is a Windows application program for personal computers which was developed in a Cooperative Agreement between the Environmental Protection Agency ( EPA) and the University of Nevada Las Vegas. Developed for exposure and risk assessors, as well as for students in the exposure assessment field of study, the databases, analytical tools, and models are integrated into a user friendly software platform. Models are conveniently linked to databases, or queried subsets of data, on human activity patterns, U. S. Census data, and related human exposure databases so that an assessment or analysis can be conveniently run. Funding for this tool was discontinued in 1998, before it could be fully developed. Currently, this tool can support assessments of inhalation exposures, and is particularly well suited for indoor air exposure assessments.

Data: THERdbASE was designed to contain a large number of databases, organized into ten ( 10) categories ( listed below): 1. Demographics; 2. Human Activity Patterns; 3. Food Consumption Patterns; 4. Food Contamination; 5. Chemical Properties; 6. Pollutant Source Information; 7. Environmental Characteristics; 8. Environmental Contamination Levels; 9. Physiological Parameters; 10. User created databases. Data that had been included before development ceased includes the 1990 Census data and data generated by the air monitoring studies performed under the Total Exposure Assessment Methodology ( TEAM). This includes human activity patterns. Additional data resources would be needed to expand this tool's capabilities to include exposure assessments to exposures through the oral route ( drinking water and fish ingestion). For example, there is currently no data in category 3, Food Consumption Patterns, and none in category 4, Food Contamination. Note that these data are mostly designed to support indoor air assessments, have not been updated since 1998, and may be inappropriate and outdated for current conditions.

Models: THERdbASE contains eleven ( 11) models that can use the data in the previous databases to model human exposure. They fall into five ( 5) categories as follows: 1. Source; 2. Fate and Transport; 3. Human Exposure; 4. Dose; 5. Risk ( Health Effects). As noted above, these models primarily support inhalation exposure assessments. Additional programming would be needed to expand this tool's capabilities to include exposure assessments to exposures through the oral route ( drinking water and fish ingestion). Note that these models are predominantly designed to support indoor air assessments, have not been updated since 1998, and may be inappropriate and outdated for current conditions.

Contact: Gary Robertson ( 702) 798 2215; Jerry Blancato ( 702) 798 2356 Las Vegas; ( 919) 541 3288 while on detail to RTP. Short term Followup: Evaluate the Multimedia, Multipathway and Multireceptor Risk Assessment ( 3MRA) Model, and the Total Exposure Modeling ( TEM) tool, which may be better matches for the 304( m) planning process.

Long term Followup: Based on the review of 3MRA and TEM, there may be no need for further investigation of this tool.


[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Notices]
[Pages 36741-36742]
[FR Doc No: 2021-14845]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP15-490-000, CP15-490-001, CP16-20-000]

Delfin LNG LLC; Notice of Request for Extension of Time

    Take notice that on June 30, 2021, Delfin LNG LLC (Delfin)
requested that the Federal Energy Regulatory Commission (Commission)
grant an extension of time, until September 28, 2022, to construct and
place into service the facilities that were authorized in the original
certificate authorization issued on September 28, 2017 (Certificate
Order).\1\ The Certificate Order authorized certain ``onshore
facilities'' that would be used exclusively to transport natural gas to
Delfin's deepwater port ``offshore facilities'' (collectively, the
Project) in federal waters offshore Louisiana. The onshore facilities
would be used to meet the requirements of the customers of the offshore
facilities. The Certificate Order required Delfin to construct and
place the facilities in service by September 28, 2019.
---------------------------------------------------------------------------

    \1\ Delfin LNG LLC, 160 FERC ] 61,130 (2017).
---------------------------------------------------------------------------

    Delfin states that on June 21, 2019, it requested an extension of
time until March 28, 2023 to complete the construction of the onshore
facilities in conjunction with construction of the offshore facilities.
Delfin states that on July 8, 2019, the Commission's Office of

Energy Projects granted an extension of time until September 28, 2020
to construct the onshore facilities and make them available for
service.
    On June 25, 2020, Delphin requested an extension of time until
September 28, 2021 to continue to construct the onshore facilities.
Delphin explains that it was continuing to work to develop the Project,
however, a variety of factors complicated the task of negotiating
offtake agreements with potential customers. Delfin states that on July
15, 2020, via delegated order, the Commission granted an extension of
time until September 28, 2021 to construct the onshore facilities and
make them available for service. (2020 Extension)
    Delfin states that since the 2020 Extension, it has continued to
work to develop the Project. Additionally, Delfin asserts that economic
conditions are recovering from the global coronavirus pandemic, and the
spot and short-term market for the LNG have significantly improved.
Delfin views these developments as a precursor for an improved longer-
term market, which it asserts will support long-term LNG offtake
contract(s). Accordingly, applicants request an extension of time until
September 28, 2022 to complete construction of the onshore facilities
and place them into service.
    This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on Delfin's request for
an extension of time may do so. No reply comments or answers will be
considered. If you wish to obtain legal status by becoming a party to
the proceedings for this request, you should, on or before the comment
date stated below, file a motion to intervene in accordance with the
requirements of the Commission's Rules of Practice and Procedure (18
CFR 385.214 or 385.211) and the Regulations under the Natural Gas Act
(18 CFR 157.10).\2\
---------------------------------------------------------------------------

    \2\ Only motions to intervene from entities that were party to
the underlying proceeding will be accepted. Algonquin Gas
Transmission, LLC, 170 FERC ] 61,144, at P 39 (2020).
---------------------------------------------------------------------------

    As a matter of practice, the Commission itself generally acts on
requests for extensions of time to complete construction for Natural
Gas Act facilities when such requests are contested before order
issuance. For those extension requests that are contested,\3\ the
Commission will aim to issue an order acting on the request within 45
days.\4\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\5\ The Commission will not consider arguments that re-
litigate the issuance of the certificate order, including whether the
Commission properly found the project to be in the public convenience
and necessity and whether the Commission's environmental analysis for
the certificate complied with the National Environmental Policy Act.\6\
At the time a pipeline requests an extension of time, orders on
certificates of public convenience and necessity are final and the
Commission will not re-litigate their issuance.\7\ The OEP Director, or
his or her designee, will act on all of those extension requests that
are uncontested.
---------------------------------------------------------------------------

    \3\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
    \4\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
    \5\ Id. at P 40.
    \6\ Similarly, the Commission will not re-litigate the issuance
of an NGA section 3 authorization, including whether a proposed
project is not inconsistent with the public interest and whether the
Commission's environmental analysis for the permit order complied
with NEPA.
    \7\ Algonquin Gas Transmission, LLC, 170 FERC ] 61,144, at P 40
(2020).
---------------------------------------------------------------------------

    In addition to publishing the full text of this document in the
Federal Register, The Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and three copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on, July 22, 2021.

    Dated: July 7, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-14845 Filed 7-12-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Rules and Regulations]
[Pages 13074-13075]
[FR Doc No: 2011-5086]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1156; Directorate Identifier 2010-NM-128-AD;
Amendment 39-16622; AD 2011-05-12]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 777-200, -
200LR, -300, and -300ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD requires repetitive detailed inspections
for disbonding and tearing and measurements for wear of the internal
diameter (ID) of the Karon-lined bushings of the bulkhead support
jackscrew fitting and of the jackscrew fitting of the horizontal
stabilizer; and reinstallation of the horizontal stabilizer trim
actuator (HSTA) after inspection and measurement; and if necessary,
replacement of the bushings with new bushings and all applicable
related investigative and corrective actions. This AD was prompted by a
report indicating that a Karon-lined bushing with the liner broken into
five pieces was found during a scheduled inspection of the HSTA
components; the broken liner had worn and disbonded from the bushing.
We are issuing this AD to detect and correct discrepancies of the HSTA
attachment locations, which could result in reduced structural
integrity of the horizontal stabilizer and consequent loss of
controllability of the airplane.

DATES: This AD is effective April 14, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 14,
2011.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356. For
information on the availability of this material at the FAA, call 425-
227-1221.

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 regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Duong Tran, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
917-6452; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
the specified products. That NPRM published in the Federal Register on
December 1, 2010 (75 FR 74668, January 18, 2011). That NPRM proposed to
require repetitive detailed inspections for disbonding and tearing and
measurements for wear of the internal diameter (ID) of the Karon-lined
bushings of the bulkhead support jackscrew fitting and of the jackscrew
fitting of the horizontal stabilizer; repetitive installations of the
horizontal stabilizer trim actuator (HSTA); and if necessary,
replacement of the bushings with new bushings and all applicable
related investigative and corrective actions.

Comments

    We gave the public the opportunity to participate in developing
this AD. We have considered the comments received. Boeing and American
Airlines support the NPRM.

Clarification of AD Summary

    We determined that the requirement specified in the Summary section
of the NPRM for ``repetitive installations of the HSTA'' should be more
clearly described as ``reinstallation of the HSTA after inspection and
measurement.'' The Summary section of this AD has been revised
accordingly. No change has been made to other sections of this AD in
this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 145 airplanes of U.S. registry. We
also estimate that it will take about 7 work-hours per product to
comply with the detailed inspection, measurement, and installation in
this AD. The average labor rate is $85 per work-hour. Based on these
figures, we estimate the cost of this AD to the U.S. operators to be
$86,275, or $595 per product.

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, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities

under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2011-05-12 The Boeing Company: Amendment 39-16622; Docket No. FAA-
2010-1156; Directorate Identifier 2010-NM-128-AD.

Effective Date

    (a) This AD is effective April 14, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 777-200, -200LR,
-300, and -300ER series airplanes, certificated in any category, as
identified in Boeing Alert Service Bulletin 777-55A0017, dated May
20, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 55:
Stabilizers.

Unsafe Condition

    (e) This AD results from a report indicating that a Karon-lined
bushing with the liner broken into five pieces was found during a
scheduled inspection of the horizontal stabilizer trim actuator
(HSTA) components; the broken liner had worn and disbonded from the
bushing. The Federal Aviation Administration is issuing this AD to
detect and correct discrepancies of the HSTA attachment locations,
which could result in reduced structural integrity of the horizontal
stabilizer and consequent loss of controllability of the airplane.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Inspection/Related Investigative and Corrective Actions

    (g) Before the accumulation of 32,000 total flight cycles, or
within 24 months after the effective date of this AD, whichever
occurs later: Do a detailed inspection for disbonding and tearing,
and a measurement for wear of the internal diameter (ID) of the
Karon-lined bushings of the bulkhead support jackscrew fitting and
of the jackscrew fitting of the horizontal stabilizer; replace
bushings with new bushings, as applicable; do all applicable related
investigative and corrective actions; and install either a known
serviceable or overhauled HSTA. Do the actions in accordance with
the Accomplishment Instructions of Boeing Alert Service Bulletin
777-55A0017, dated May 20, 2010, except as provided by paragraph (h)
of this AD. Do all applicable related investigative and corrective
actions before further flight. Repeat the actions required by this
paragraph thereafter at intervals not to exceed 16,000 flight
cycles.

Exceptions to Corrective Actions

    (h) If, during any inspection or measurement required by this
AD, any damage is found, or the inner diameter is greater than the
allowable hole diameter, and Part 1, Step 3.B.2.a.(1)(a)1)a) of the
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
55A0017, dated May 20, 2010, specifies to contact Boeing for
appropriate action: Before further flight, do the repair using a
method approved in accordance with the procedures specified in
paragraph (i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office (ACO),
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 ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be e-mailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane.

Related Information

    (j) For more information about this AD, contact Duong Tran,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6452; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Material Incorporated by Reference

    (k) You must use Boeing Alert Service Bulletin 777-55A0017,
dated May 20, 2010, to do the actions required by this AD, unless
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, February 22, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5086 Filed 3-9-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Proposed Rules]
[Pages 9454-9456]
[FR Doc No: 2018-04503]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0103]
RIN 1625-AA08

Special Local Regulation; Pensacola Bay, Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation on Pensacola Bay in Pensacola, FL. The proposed
rulemaking is needed to protect the persons participating in the
Pensacola Triathlon marine event. This proposed rulemaking restricts
transit into, through and within the regulated area unless specifically
authorized by the Captain of the Port Sector Mobile (COTP) or a
designated representative. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0103 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Kyle D. Berry, Sector Mobile,
Waterways Management Division, U.S. Coast Guard; telephone 251-441-
5940, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 16, 2018, the marine event sponsor for the annual
Pensacola Triathlon marine event submitted an application for a marine
event permit. The Captain of the Port Sector Mobile (COTP) has
determined a special local regulation is needed to protect the persons
participating in and viewing the Pensacola Triathlon marine event.
    The purpose of this proposed rulemaking is to restrict transit
into, through and within the regulated area on Pensacola Bay extending
in a 300 yard radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2''
W in Pensacola, FL during the Pensacola Triathlon. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary special local
regulation on Pensacola Bay extending in a 300 yard radius from
position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W in Pensacola, FL. The
proposed rulemaking is needed to needed to protect the persons
participating in the Pensacola Triathlon marine event. This proposed
rulemaking restricts transit into, through and within the regulated
area unless specifically authorized by the COTP. No vessel or person
would be permitted to enter the regulated area without obtaining
permission from the COTP or a designated representative. A designated
representative may be a Patrol Commander (PATCOM). The PATCOM would be
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Patrol
Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call
sign ``PATCOM''. All persons and vessels not registered with the
sponsor as participants or official patrol vessels are considered
spectators. The

``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP to patrol the regulated area.
    Spectator vessels desiring to transit the regulated area may do so
only with prior approval of the Patrol Commander and when so directed
by that officer would be operated at a minimum safe navigation speed in
a manner which will not endanger participants in the regulated area or
any other vessels. No spectator vessel shall anchor, block, loiter, or
impede the through transit of participants or official patrol vessels
in the regulated area during the effective dates and times, unless
cleared for entry by or through an official patrol vessel. Any
spectator vessel may anchor outside the regulated area, but may not
anchor in, block, or loiter in a navigable channel. Spectator vessels
may be moored to a waterfront facility within the regulated area in
such a way that they shall not interfere with the progress of the
event. Such mooring must be complete at least 30 minutes prior to the
establishment of the regulated area and remain moored through the
duration of the event.
    The COTP or a designated representative may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall come to an immediate stop
and comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
    The COTP or a designated representative may terminate the event or
the operation of any vessel at any time it is deemed necessary for the
protection of life or property. The COTP or a designated representative
would terminate enforcement of the special local regulations at the
conclusion of the event.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 size, location,
and duration of the proposed rulemaking. The proposed special local
regulation on Pensacola Bay extending in a 300 yard radius from
position 30[deg]24'16.4'' N, 87[deg]12'55.2'' W in Pensacola, FL from 4
a.m. to 10 a.m. on April 29, 2018. Additionally, the Coast Guard will
issue Broadcast Notices to Mariners via VHF-FM marine channel 16 about
the regulation so that waterway users may plan accordingly for transits
during this restriction. The rule also allows vessels to seek
permission from the COTP or a designated representative to enter the
regulated area.

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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, which guides 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 a special local regulation on
Pensacola Bay extending in a 300 yard radius from position
30[deg]24'16.4'' N, 87[deg]12'55.2'' W in Pensacola, FL. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration (REC) supporting this
determination would be available in the docket where indicated under
ADDRESSES.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0103 to read as follows:

Sec.  100.35T08-0103  Special Local Regulation; Pensacola Bay,
Pensacola, FL

    (a) Regulated area. All navigable waters of Pensacola Bay extending
in a 300 yard radius from position 30[deg]24'16.4'' N, 87[deg]12'55.2''
W in Pensacola, FL.
    (b) Enforcement period. This section will be enforced on April 29,
2018.
    (c) Special local regulations.
    (1) In accordance with the general regulations in Sec.  100.801,
entry into, transit within or through, or exit from this area is
prohibited unless authorized by the Captain of the Port Sector Mobile
(COTP) or a designated representative. A designated representative may
be a Patrol Commander (PATCOM). The PATCOM will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the Captain of the Port (COTP) Mobile to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer will be operated at a minimum safe navigation
speed in a manner which will not endanger participants in the regulated
area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
    (6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
    (7) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
    (8) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners of the enforcement period for the temporary safety zone as
well as any changes in the planned schedule

    Dated: February 26, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-04503 Filed 3-5-18; 8:45 am]
BILLING CODE 9110-04-P