[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Rules and Regulations]
[Pages 6003-6005]
[FR Doc No: 2012-1451]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1245; Directorate Identifier 2011-CE-033-AD;
Amendment 39-16925; AD 2012-02-02]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain Cessna Aircraft Company (Cessna) Models 172R and 172S
airplanes. That AD currently requires you to inspect the fuel return
line assembly for chafing; replace the fuel return line assembly if
chafing is found; and inspect the clearance between the fuel return
line assembly and both the right steering tube assembly and the
airplane structure, adjusting as necessary. Since we issued that AD, we
have received a field report of a fuel return line chafing incident on
a Cessna Model 172 airplane with a serial number (S/N) that was not
included in the AD. This AD retains the actions of the current AD and
adds S/Ns to the Applicability section of the AD. Chafing of the fuel
return line assembly could lead to fire. This new AD requires the
actions of the current AD and adds S/Ns to the Applicability section of
the AD. We are issuing this AD to correct the unsafe condition on these
products.

DATES: This AD is effective March 13, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of March 13,
2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of March
6, 2008 (73 FR 5737, January 31, 2008).

ADDRESSES: For service information identified in this AD, contact
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, KS
67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.cessna.com. You
may review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA, call
(816) 329-4148.

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: Trenton Shepherd, Aerospace Engineer,
Wichita Aircraft Certification Office, FAA, 1801 Airport Road Room 100,
Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2008-03-02, Amendment 39-15351 (73 FR 5737,
January 31, 2008). That AD applies to the specified products. The NPRM
published in the Federal Register on November 14, 2011 (76 FR 70379).
That NPRM proposed to continue to require actions of the current AD and
add S/Ns to the Applicability section of the AD.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 70379, November 14,
2011) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 70379, November 14, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 70379, November 14, 2011).

Costs of Compliance

    We estimate that this AD affects 768 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
             Action                     Labor cost              Parts cost            product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the fuel return     1 work-hour x $85 per   Not applicable........             $85          65,280
 line assembly for chafing and     hour = $85.
 clearance.
----------------------------------------------------------------------------------------------------------------

    The difference in estimated costs of this AD and AD 2008-03-02 (73
FR 5737, January 31, 2008) is an increase in the estimated labor cost
for those airplanes affected by AD 2008-03-02 and the costs of the
additional airplanes added to the AD.
    We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need these
replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                      Action                                 Labor cost             Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement of the fuel return line assembly and   0.5 work-hour x $85 per hour             $123         $165.50
 adjustment of the clearance between the fuel       = $42.50.
 return line assembly and both the right steering
 tube assembly and the airplane structure.
----------------------------------------------------------------------------------------------------------------

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

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under 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 removing airworthiness directive (AD)
2008-03-02, Amendment 39-15351 (73 FR 5737, January 31, 2008), and
adding the following new AD:

2012-02-02 Cessna Aircraft Company: Amendment 39-16925; Docket No.
FAA-2011-1245; Directorate Identifier 2011-CE-033-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 13, 2012.

(b) Affected ADs

    This AD supersedes AD 2008-03-02, Amendment 39-15351 (73 FR
5737, January 31, 2008).

(c) Applicability

    This AD applies to the following Cessna Aircraft Company
airplanes, certificated in any category:
    (1) Group 1: Model 172R, serial numbers (S/N) 17281188 through
17281390;
    (2) Group 2: Model 172S, S/N 172S9491 through 172S10489;
    (3) Group 3: Model 172R, S/N 17281391 through 17281572; and
    (4) Group 4: Model 172S, S/N 172S10490 through 172S11073.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code Fuel, 28.

(e) Unsafe Condition

    This AD was prompted by a field report of a fuel return line
chafing incident on a Cessna Model 172 airplane with a serial number
that was not in the Applicability statement of AD 2008-03-02 (73 FR
5737, January 31, 2008). Chafing of the fuel return line assembly
could result in fuel leaking and fuel vapors, which could lead to
fire. We are issuing this AD to correct the unsafe condition on
these products.

(f) Compliance

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

(g) Inspection Requirement Retained From AD 2008-03-02, Amendment 39-
15351 (73 FR 5737, January 31, 2008)

    (1) For Group 1 and Group 2 Airplanes: Within the next 100 hours
time-in-service (TIS) after March 6, 2008 (the effective date
retained from AD 2008-03-02) or within the next 12 months after
March 6, 2008 (the effective date retained from AD 2008-03-02),
whichever occurs first, inspect the fuel return line assembly
(Cessna part number (P/N) 0500118-49) for chafing. Do the inspection
following Cessna Service Bulletin SB07-28-01, dated June 18, 2007;
or Cessna Service

Bulletin SB07-28-01, Revision 1, dated September 22, 2011.
    (2) For Group 3 and Group 4 Airplanes: Within the next 100 hours
TIS after March 13, 2012 (the effective date of this AD) or within
the next 12 months after March 13, 2012 (the effective date of this
AD), whichever occurs first, inspect the fuel return line assembly
(Cessna P/N 0500118-49) for chafing. Do the inspection following
Cessna Service Bulletin SB07-28-01, Revision 1, dated September 22,
2011.

(h) Replacement Requirement Retained From AD 2008-03-02, Amendment 39-
15351 (73 FR 5737, January 31, 2008)

    For All Airplanes: Before further flight after the inspection
required in paragraph (g)(1) or (g)(2) of this AD where evidence of
chafing was found, replace the fuel return line assembly (Cessna P/N
0500118-49). Do the replacement following Cessna Service Bulletin
SB07-28-01, dated June 18, 2007; or Cessna Service Bulletin SB07-28-
01, Revision 1, dated September 22, 2011.

(i) Inspection and Adjustment Requirement Retained From AD 2008-03-02,
Amendment 39-15351 (73 FR 5737, January 31, 2008)

    For All Airplanes: Before further flight after the inspection
required in paragraph (g)(1) or (g)(2) of this AD if no chafing is
found or after the replacement required in paragraph (h) of this AD,
whichever of the previous situations applies, inspect for a minimum
clearance of 0.5 inch between the following parts throughout the
entire range of copilot rudder pedal travel. If less than 0.5 inch
clearance is found, before further flight, adjust the clearance.
Follow paragraph 6 of the Instructions section of Cessna Service
Bulletin SB07-28-01, dated June 18, 2007; or Cessna Service Bulletin
SB07-28-01, Revision 1, dated September 22, 2011. This AD requires a
minimum clearance of 0.5 inch. The requirements of this AD take
precedence over the actions required in the service information.
    (1) The fuel return line assembly (Cessna P/N 0500118-49) and
the steering tube assembly (Cessna P/N MC0543022-2C); and
    (2) The fuel return line assembly (Cessna P/N 0500118-49) and
the airplane structure.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Wichita 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.
    (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.

(k) Related Information

    For more information about this AD, contact Trenton Shepherd,
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(l) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the
following service information:
    (i) Cessna Service Bulletin SB07-28-01, Revision 1, dated
September 22, 2011, approved for IBR March 13, 2012.
    (ii) Cessna Service Bulletin SB07-28-01, dated June 18, 2007,
approved for IBR March 6, 2008 (73 FR 5737, January 31, 2008)
    (2) For service information identified in this AD, contact
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, KS
67277; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.cessna.com.
    (3) You may review copies of the service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
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 NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr_locations.html.

    Issued in Kansas City, Missouri, on January 18, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-1451 Filed 2-6-12; 8:45 am]
BILLING CODE 4910-13-P?>


[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65319-65320]
[FR Doc No: 2023-20530]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2015-8672; Amdt. No. 91-340D]
RIN 2120-AL69

Extension of the Prohibition Against Certain Flights in the Sanaa
Flight Information Region (FIR) (OYSC)

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

ACTION: Final rule; technical amendment.

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SUMMARY: On December 7, 2021, the Federal Aviation Administration (FAA)
published a final rule in the Federal Register to extend the Special
Federal Aviation Regulation (SFAR) prohibiting certain flights in the
specified areas of the Sanaa Flight Information Region (FIR) (OYSC) by
all: U.S. air carriers; U.S. commercial operators; persons exercising
the privileges of an airman certificate issued by the FAA, except when
such persons are operating U.S.-registered aircraft for a foreign air
carrier; and operators of U.S.-registered civil aircraft, except when
the operator of such aircraft is a foreign air carrier. Subsequently,
the FAA became aware that the International Civil Aviation Organization
(ICAO) amended waypoints the FAA uses to demarcate the boundary between
the airspace in which U.S. operators are prohibited from conducting
operations and the airspace in which U.S. operators are permitted to
operate. The FAA is publishing this technical amendment to update its
regulations to reflect the current waypoint names and locations.

DATES: This final rule is effective on September 22, 2023.

FOR FURTHER INFORMATION CONTACT: Bill Petrak, Air Transportation
Division, Flight Standards Service, through the Washington Operations
Center, Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Good Cause for Immediate Adoption

    Section 553(b)(B) of title 5, U.S. Code, authorizes agencies to
dispense with notice and comment procedures for rules when the agency
for ``good cause'' finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Also, section 553(d)
permits agencies, upon a finding of good cause, to issue rules with an
effective date less than 30 days from the date of publication. In this
instance, the FAA finds good cause to forgo notice and comment and the
delayed effective date because they would be unnecessary.
    This action is a technical amendment that is limited to updating
existing regulations to reflect the current waypoint names and
locations. The amendment will not impose any additional substantive
restrictions or requirements on the persons affected by these
regulations and the FAA finds that notice and public comment under 5
U.S.C. 553(b) is unnecessary. For the same reason, the FAA finds that
good cause exists under 5 U.S.C. 553(d) for making this rule effective
in less than 30 days.
    Accordingly, the FAA finds good cause exists to forgo notice and
comment and any delay in the effective date for this rule.

II. Background

    On December 7, 2021, the FAA published a final rule \1\ in the
Federal Register extending the prohibition against certain flights in
the specified areas of the Sanaa FIR (OYSC) by all: U.S. air carriers;
U.S. commercial operators; persons exercising the privileges of an
airman certificate issued by the FAA, except when such persons are
operating U.S.-registered aircraft for a foreign air carrier; and
operators of U.S.-registered civil aircraft, except when the operator
of such aircraft is a foreign air carrier. Specifically, that final
rule continued to prohibit all persons described in paragraph (a) of
SFAR No. 115, title 14 Code of Federal Regulations (CFR), Sec.
91.1611, from conducting civil flight operations in the specified areas
of the Sanaa FIR (OYSC), as described in paragraph (b) of the rule,
until January 7, 2025, due to the significant, continuing safety-of-
flight risks to U.S. civil aviation operations in that airspace
associated with the conflict between the Saudi Arabian-led Coalition
(SLC) and Iranian-aligned Houthi forces.
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    \1\ Extension of the Prohibition Against Certain Flights in
Specified Areas of the Sanaa Flight Information Region (FIR) (OYSC)
final rule, 86 FR 69167 (Dec. 7, 2021).
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    Subsequently, the FAA became aware the International Civil Aviation
Organization (ICAO) Middle East Air Navigation Planning and
Implementation Regional Group approved an update to the Regional Air
Navigation Plan to amend certain waypoints. Some of the amendments
affected waypoints used by the FAA to demarcate the boundary between
the airspace in which U.S. operators are prohibited from conducting
operations and the airspace in which U.S. operators are permitted to
operate. To address the amendments of waypoints, this technical
amendment identifies the new waypoint names and locations to clarify
where U.S. operators are prohibited from conducting operations due to
flight safety risks associated with the conflict in Yemen and where
they are permitted to operate.
    The following table lists the changes being made.

                           Table 1--Previous and Current Waypoint Names and Locations
----------------------------------------------------------------------------------------------------------------
         Previous waypoint name            Previous location       Current waypoint name      Current location
----------------------------------------------------------------------------------------------------------------
KAPET..................................      163322N 0530614E   KAPET.....................      163322N 0530614E
NODMA..................................      152603N 0533359E   NODMA.....................      152603N 0533359E
ORBAT..................................      140638N 0503924E   IMPAG.....................      140638N 0503924E
PAKER..................................      115500N 0463500E   TIMAD.....................      115500N 0463500E
PARIM..................................      123142N 0432712E   PARIM.....................      123200N 0432720E
RIBOK..................................      154700N 0415230E   RIBOK.....................      154700N 0415230E
----------------------------------------------------------------------------------------------------------------

    The FAA notes that the updated Regional Air Navigation Plan
relocated the waypoint PARIM slightly, from 123142N 0432712E to 123200N
0432720E. The FAA has determined that this minor change in the location
of the PARIM waypoint does not alter the FAA's assessment that PARIM is
an appropriate waypoint to use to

demarcate the boundary between the airspace where U.S. operators are
prohibited from conducting operations due to flight safety risks
associated with the conflict in Yemen and where they are permitted to
operate, as the inadvertent risk emanating from potential air defense
operations is primarily confined to Yemen's land territory.

III. Technical Amendment

    Consistent with the foregoing:
    Prohibited Operations. U.S. civil aviation operations remain
prohibited in the Sanaa FIR (OYSC) in that airspace west of a line
drawn direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E),
northwest of a line drawn direct from NODMA to IMPAG (140638N 0503924E)
then from IMPAG to TIMAD (115500N 0463500E), north of a line drawn
direct from TIMAD to PARIM (123200N 0432720E), and east of a line drawn
direct from PARIM to RIBOK (154700N 0415230E). Use of jet route UN303
is not authorized.
    Permitted Operations. U.S. civil aviation operations remain
permitted in the Sanaa FIR (OYSC) in that airspace east of a line drawn
direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E),
southeast of a line drawn direct from NODMA to IMPAG (140638N 0503924E)
then from IMPAG to TIMAD (115500N 0463500E), south of a line drawn
direct from TIMAD to PARIM (123200N 0432720E), and west of a line drawn
direct from PARIM to RIBOK (154700N 0415230E). Use of jet routes UT702
and M999 are authorized.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety,
Freight, Yemen.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations, as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113,
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122,
47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C.
44703 note); articles 12 and 29 of the Convention on International
Civil Aviation (61 Stat. 1180), (126 Stat. 11).

0
2. Amend Sec.  91.1611 by revising paragraphs (b) and (c) to read as
follows:

Sec.  91.1611   Special Federal Aviation Regulation No. 115--
Prohibition Against Certain Flights in Specified Areas of the Sanaa
Flight Information Region (FIR) (OYSC).

* * * * *
    (b) Flight prohibition. Except as provided in paragraphs (c) and
(d) of this section, no person described in paragraph (a) of this
section may conduct flight operations in the portion of the Sanaa
Flight Information Region (FIR) (OYSC) that is west of a line drawn
direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E),
northwest of a line drawn direct from NODMA to IMPAG (140638N 0503924E)
then from IMPAG to TIMAD (115500N 0463500E), north of a line drawn
direct from TIMAD to PARIM (123200N 0432720E), and east of a line drawn
direct from PARIM to RIBOK (154700N 0415230E). Use of jet route UN303
is not authorized.
    (c) Permitted operations. This section does not prohibit persons
described in paragraph (a) of this section from conducting flight
operations in the Sanaa FIR (OYSC) under the following circumstances:
    (1) Permitted operations that do not require an approval or
exemption from the FAA. Flight operations may be conducted in the Sanaa
FIR (OYSC) in that airspace east of a line drawn direct from KAPET
(163322N 0530614E) to NODMA (152603N 0533359E), southeast of a line
drawn direct from NODMA to IMPAG (140638N 0503924E) then from IMPAG to
TIMAD (115500N 0463500E), south of a line drawn direct from TIMAD to
PARIM (123200N 0432720E), and west of a line drawn direct from PARIM to
RIBOK (154700N 0415230E). Use of jet routes UT702 and M999 are
authorized. All flight operations conducted under this subparagraph
must be conducted subject to the approval of, and in accordance with
the conditions established by, the appropriate authorities of Yemen.
    (2) Operations permitted under an approval or exemption issued by
the FAA. Flight operations may be conducted in the Sanaa FIR (OYSC) in
that airspace west of a line drawn direct from KAPET (163322N 0530614E)
to NODMA (152603N 0533359E), northwest of a line drawn direct from
NODMA to IMPAG (140638N 0503924E) then from IMPAG to TIMAD (115500N
0463500E), north of a line drawn direct from TIMAD to PARIM (123200N
0432720E), and east of a line drawn direct from PARIM to RIBOK (154700N
0415230E) if such flight operations are conducted under a contract,
grant, or cooperative agreement with a department, agency, or
instrumentality of the U.S. Government (or under a subcontract between
the prime contractor of the U.S. Government department, agency, or
instrumentality and the person subject to paragraph (a)), with the
approval of the FAA, or under an exemption issued by the FAA. The FAA
will consider requests for approval or exemption in a timely manner,
with the order of preference being: First, for those operations in
support of U.S. Government-sponsored activities; second, for those
operations in support of government-sponsored activities of a foreign
country with the support of a U.S. government department, agency, or
instrumentality; and third, for all other operations.
* * * * *

    Issued in Washington, DC, under the authority of 49 U.S.C.
106(f) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on
September 15, 2023.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-20530 Filed 9-21-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 53829-53831]
[FR Doc No: 2011-22074]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0691]
RIN 1625-AA00

Safety Zone; ESI Ironman 70.3 Augusta Triathlon, Savannah River,
Augusta, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Savannah River in Augusta, Georgia during the ESI Ironman
70.3 Augusta Triathlon on Sunday, September 25, 2011. The temporary
safety zone is necessary for the safety of the race participants,
participant vessels, spectators, and the general public during the 1.1
mile swim portion of the competition. Persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the safety zone unless authorized by the Captain of
the Port Savannah or a designated representative.

DATES: This rule is effective from 7 a.m. until 11:59 a.m. on September
25, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0691 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0691 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or e-mail Marine Science Technician Third
Class Timothy R. Estep, Marine Safety Unit Savannah Office of Waterways
Management, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when 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 because the Coast Guard did not receive
necessary information regarding the ESI Ironman 70.3 Augusta Triathlon
until July 7, 2011. As a result, the Coast Guard did not have
sufficient time to publish an NPRM and to receive public comments prior
to the event. Any delay in the effective date of this rule would be
contrary to the public interest because immediate action is needed to
minimize the potential danger to the race participants, participant
vessels, spectators, and the general public.
    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. Immediate action is necessary in
order to restrict vessel movement and ensure maritime public safety
during this event.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to ensure the safety of the swimmers,
participant vessels, spectators, and the general public during the ESI
Ironman 70.3 Augusta Triathlon.

Discussion of Rule

    On Sunday, September 25, 2011, the ESI Ironman 70.3 Augusta
Triathlon is scheduled to take place in Augusta, Georgia. This event
includes a 1.1 mile swim that will take place on the waters of the
Savannah River. The swim starts at the 6th Street Railroad Bridge and
finishes at Mile Post 198.
    The safety zone encompasses certain waters of the Savannah River in
Augusta, Georgia. The safety zone will be enforced from 7 a.m. until
11:59 a.m. on September 25, 2011. Persons and vessels are prohibited
from entering, transiting through, anchoring in, or remaining within
the safety zone unless authorized by the Captain of the Port Savannah
or a designated representative. Persons and vessels desiring to enter,
transit through, anchor in, or remain within the safety zone may
contact the Captain of the Port Savannah by telephone at<PHONE_NUMBER>,
or a designated representative via VHF radio on channel 16, to request
authorization. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the Captain of the Port
Savannah or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Savannah or a designated representative. The Coast
Guard will provide notice of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

Regulatory Analyses

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

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that Order.
    The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for only five
hours; (2) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Savannah or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone if authorized by
the Captain of the Port Savannah or a designated representative; and
(4) the Coast Guard will provide advance notification of the safety
zone to the local maritime community by Local Notice to Mariners and
Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Savannah River encompassed within the safety zone from 7 a.m. until
11:59 a.m. on September 25, 2011. For the reasons discussed in the
Executive Order 12866 and Executive Order 13563 section above, this
rule will not have a significant economic impact on a substantial
number of small entities.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    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.

Energy Effects

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are

technical standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) that are developed or adopted by
voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph 34(g), of
the Instruction. This rule involves the establishment of a temporary
safety zone on the waters of the Savannah River that will be enforced
for a total of five hours. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0691 to read as follows:

Sec.  165.T07-0691  Safety Zone; ESI Ironman 70.3 Augusta Triathlon,
Savannah River, Augusta, GA.

    (a) Regulated Area. The following regulated area is a safety zone.
All waters of the Savannah River encompassed within an imaginary line
connecting the following points: starting at Point 1 in position
33[deg]28'44'' N, 81[deg]57'53'' W; thence northeast to Point 2 in
position 33[deg]28'50'' N, 81[deg]57'50'' W; thence southeast to Point
3 in position 33[deg]27'51'' N, 81[deg]55'36'' W; thence southwest to
Point 4 in position 33[deg]27'47'' N, 81[deg]55'43'' W; thence
northwest back to origin. All coordinates are North American Datum
1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Savannah in the enforcement of the regulated area.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the Captain of the Port Savannah or a
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Savannah by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Savannah or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Savannah or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective Date. This rule is effective from 7 a.m. until 11:59
a.m. on September 25, 2011.

    Dated: August 8, 2011.
J.B. Loring,
Commander, U.S. Coast Guard, Captain of the Port Savannah.
[FR Doc. 2011-22074 Filed 8-29-11; 8:45 am]
BILLING CODE 9110-04-P