[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Rules and Regulations]
[Pages 67044-67047]
[FR Doc No: 2014-26434]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0836; Directorate Identifier 2013-NM-126-AD;
Amendment 39-18011; AD 2014-22-06]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2005-07-12,
which applies to certain the Boeing Company Model 737-100, -200, -200C,
-300, -400, and -500 series airplanes. AD 2005-07-12 required detailed
and eddy current inspections to detect cracking of the frame web around
the cutout for the doorstop intercostal strap at the aft side of the
station (STA) 291.5 frame at stringer 16R, and corrective action if
necessary. Since we issued AD 2005-07-12, we received reports of new
findings of cracking at various locations of the STA 277 to STA 291.5
frames and intercostals, including webs, chords, clips, and shear ties,
between stringers 7R and 17R. This new AD requires inspections for
cracking at the forward galley door cutout, and corrective actions if
necessary. This new AD also reduces a certain inspection threshold
required by AD 2005-07-12. We are issuing this AD to detect and correct
fatigue cracking of the aft frame and frame support structure of the
forward galley door, which could result in a severed fuselage frame
web, rapid decompression of the airplane, and possible loss of the
forward galley door.

DATES: This AD is effective December 17, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 17,
2014.

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0836; 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: 800-647-
5527) is Docket 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: Alan Pohl, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6590; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2005-07-12, Amendment 39-14036 (70 FR 17596,
April 7, 2005). AD 2005-07-12 applied to certain The Boeing Company
Model 737-100, -200, -300, -400, and -500 series airplanes. The NPRM
published in the Federal Register on October 2, 2013 (78 FR 60804). The
NPRM was prompted by reports of new findings of cracking at various
locations of the STA 277 to STA 291.5 frames and intercostals,
including webs, chords, clips, and shear ties, between stringers 7R and
17R. The NPRM proposed to continue to require detailed and eddy current
inspections to detect cracking of the frame web around the cutout for
the doorstop intercostal strap at the aft side of the STA 291.5 frame
at stringer 16R, and corrective action if necessary. The NPRM also
proposed to require new inspections for cracking at the forward galley
door cutout, and corrective actions if necessary. In addition, the NPRM
also proposed to reduce a certain inspection threshold required by AD
2005-07-12. We are issuing this AD to

detect and correct fatigue cracking of the aft frame and frame support
structure of the forward galley door, which could result in a severed
fuselage frame web, rapid decompression of the airplane, and possible
loss of the forward galley door.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (78
FR 60804, October 2, 2013), and the FAA's response to each comment.
    Boeing stated that it concurs with the contents of the NPRM (78 FR
60804, October 2, 2013).

Effect of Winglets on AD

    Aviation Partners Boeing stated that accomplishing the installation
of winglets per supplemental type certificate (STC) ST01219SE (http://
rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/
082838ee177dbf62862576a4005cdfc0/$FILE/ST01219SE.pdf) does not affect
the actions specified in the NPRM (78 FR 60804, October 2, 2013).
    We concur with the commenter. We have redesignated paragraph (c) of
the NPRM (78 FR 60804, October 2, 2013) as (c)(1) in this AD and added
new paragraph (c)(2) to this AD to state that installation of STC
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/082838ee177dbf62862576a4005cdfc0/$FILE/ST01219SE.pdf) does
not affect the ability to accomplish the actions required by this final
rule. Therefore, for airplanes on which STC ST01219SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of 14 CFR
39.17.

Request To Clarify That Certain Inspections Are Not Required for Areas
With Existing Repairs

    Southwest Airlines (SWA) requested that paragraph (h)(1) of the
NPRM (78 FR 60804, October 2, 2013), be revised to include language
stating that when operators are accomplishing Steps 2 and 6 in Part 2
of Paragraph 3.B., ``Work Instructions,'' of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1241, Revision 1,
dated June 11, 2013, they do not need to do inspections in areas that
are common to repairs that were previously approved by Boeing via FAA
Form 8100-9, ``Statement of Compliance with Airworthiness Standards.''
We infer that the basis for SWA's request is that the existing repairs
have inspections included in the engineering for those repairs, so the
inspections included in the service information are not needed.
    SWA also requested that the NPRM (78 FR 60804, October 2, 2013), be
revised to clarify that inspections are not required in areas that are
common to existing repairs that were installed using a certain repair
in the applicable Boeing Model 737 structural repair manual (SRM). SWA
noted that Step 6 in Part 2 of Paragraph 3.B., ``Work Instructions,''
of the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1241, Revision 1, dated June 11, 2013, only addresses repetitive
inspections when a new SRM repair is installed. We infer that SWA is
suggesting that the service information should have also addressed
repetitive inspections for areas with a certain existing SRM repair
installed.
    We agree with the commenter. The inspections required by paragraph
(h)(1) of this AD include detailed and surface eddy current inspections
that cannot be accomplished with certain repairs installed. Repairs 1,
15, and 16, of Chapter 53 of the applicable Boeing 737 SRM, are
referenced in the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1241, Revision 1, dated June 11, 2013, and are
considered corrective actions for cracking found during the inspections
required by paragraph (h)(1) of this AD. These SRM repairs can also be
used as a preventive modification.
    We revised paragraph (h)(1) in this AD to state that
``Accomplishment of a repair specified in Steps 1.a., 2.a., 6.a., or
6.b. of Part 2 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1241, Revision 1, dated June 11, 2013, as
applicable, and except as required by paragraph (k)(1) of this AD,
terminates the inspections required by this paragraph for the repaired
area(s) only.''

Request To Address Notes 11 and 13 in the Service Information Regarding
Existing Repairs and Existing Repairs at Certain Body Stations

    SWA requested clarification regarding existing repairs common to
the inspection areas addressed in Part 2 of Paragraph 3.B., ``Work
Instructions,'' of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1241, Revision 1, dated June 11, 2013. SWA
observed that Notes 11 and 13 in Paragraph 3.A., ``General
Information,'' of that service bulletin include provisions for omitting
inspections in areas covered by repairs that were previously approved
by Boeing via FAA Form 8100-9, ``Statement of Compliance with
Airworthiness Standards,'' but those notes are not included or
referenced in Part 2 of Paragraph 3.B., ``Work Instructions.''
    SWA also requested approval for existing repairs common to the body
station (BS) 291.5 frame at locations from stringer (STR) 8R to STR 15R
that were previously approved by Boeing via FAA Form 8100-9,
``Statement of Compliance with Airworthiness Standards,'' as
terminating action for the inspection requirements in paragraph (h)(1)
of the NPRM (78 FR 60804, October 2, 2013), for the repaired area only.
    Furthermore, SWA requested approval for existing repairs common to
the BS 277 frame and shear ties between STR 7R and STR 17R that were
previously approved by Boeing via FAA Form 8100-9, ``Statement of
Compliance with Airworthiness Standards,'' or that were installed using
certain repairs in the applicable Boeing 737 SRM as terminating action
for the inspection requirements of paragraph (h)(1) of the NPRM (78 FR
60804, October 2, 2013), for the repaired areas only.
    We agree that the existing repairs mentioned by the commenter can
be used as terminating action for the inspection requirements of
paragraph (h)(1) of this AD. Several SRM repairs are referenced in
Steps 6.a. and 6.b. of Part 2 of the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1241, Revision 1, dated June 11,
2013, and are considered corrective actions for cracking found during
the inspections required by paragraph (h)(1) of this AD. The notes to
Steps 6.a. and 6.b. state that the SRM repairs terminate the repetitive
inspections. As stated previously, paragraph (h)(1) of this AD was
revised accordingly.
    We have also added a new paragraph (i), Terminating Action, to this
AD and redesignated subsequent paragraphs accordingly. Paragraph (i) of
this AD states ``The inspections required by paragraph (h)(1) of this
AD may be terminated at areas with repairs installed prior to the
effective date of this AD, provided the repairs meet the conditions
specified in note 11 or note 13 of paragraph 3.A., ``General
Information,'' of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1241, Revision 1, dated June 11, 2013.''

Request To Include Exception to the Service Information Specifications

    SWA requested that the NPRM (78 FR 60804, October 2, 2013) address
a typographical error that appears in the

title to figure 5 of Boeing Alert Service Bulletin 737-53A1241,
Revision 1, dated June 11, 2013. SWA noted that the title refers to STR
16R, however, the inspection location is STR 14R.
    We agree to address this typographical error in Boeing Alert
Service Bulletin 737-53A1241, Revision 1, dated June 11, 2013, and have
added a new paragraph (k)(3) to this AD to notify operators that the
title to figure 5 should reference STR 14R.

Clarification of Affected Airplanes

    We have added ``certificated in any category'' to the applicability
specified in paragraph (c)(1) of this AD to clarify the affected
airplanes.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 60804, October 2, 2013) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 60804, October 2, 2013).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 419 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                Cost on U.S.
             Action                  Labor cost           Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections [retained from AD    2 work-hours x $85  None...............  $170 per            $71,230 per
 2005-07-12, Amendment 39 14036   per hour = $170                          inspection cycle.   inspection cycle.
 (70 FR 17596, April 7, 2005)].   per inspection
                                  cycle.
Inspections [new proposed        40 work-hours x     None...............  $3,400 per          $1,424,600 per
 action].                         $85 per hour =                           inspection cycle.   inspection cycle.
                                  $3,400 per
                                  inspection cycle.
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    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in the service
information.

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, 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)
2005-07-12, Amendment 39-14036 (70 FR 17596, April 7, 2005), and adding
the following new AD:

2014-22-06 The Boeing Company: Amendment 39-18011 ; Docket No. FAA-
2013-0836; Directorate Identifier 2013-NM-126-AD.

(a) Effective Date

    This AD is effective December 17, 2014.

(b) Affected ADs

    This AD replaces AD 2005-07-12, Amendment 39-14036 (70 FR 17596,
April 7, 2005).

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any
category, as identified in Boeing Alert Service Bulletin 737-
53A1241, Revision 1, dated June 11, 2013.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/082838ee177dbf62862576a4005cdfc0/$FILE/ST01219SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of new findings of cracking at
various locations of the stations (STA) 277 to STA 291.5 frames and
intercostals, including webs, chords, clips, and shear ties, between
stringers 7R and 17R. We are issuing this AD to detect

and correct fatigue cracking of the aft frame and frame support
structure of the forward galley door, which could result in a
severed fuselage frame web, rapid decompression of the airplane, and
possible loss of the forward galley door.

(f) Compliance

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

(g) Group 1 Airplanes: Inspections and Corrective Actions

    For airplanes identified as Group 1 in Boeing Alert Service
Bulletin 737-53A1241, Revision 1, dated June 11, 2013: Within 120
days after the effective date of this AD, do inspections for
cracking from STA 277 to STA 328, stringer 7R to 17R of the forward
galley door cutout, using a method approved in accordance with the
procedures specified in paragraph (m) of this AD. Do all applicable
corrective actions before further flight using a method approved in
accordance with the procedures specified in paragraph (m) of this
AD.

(h) Group 2 and Group 3 Airplanes: Inspections and Corrective Actions

    (1) For airplanes identified as Group 2 and Group 3 in Boeing
Alert Service Bulletin 737-53A1241, Revision 1, dated June 11, 2013:
Except as provided by paragraph (k)(2) of this AD, at the applicable
times specified in tables 1 and 2 in paragraph 1.E, ``Compliance,''
of Boeing Alert Service Bulletin 737-53A1241, Revision 1, dated June
11, 2013, do detailed and surface high frequency eddy current (HFEC)
inspections, as applicable, for cracking in the forward galley door
cutout, in accordance with Part 2 of the Accomplishment Instructions
of Boeing Alert Service Bulletin 737-53A1241, Revision 1, dated June
11, 2013. Repeat the detailed and surface HFEC inspections
thereafter at the applicable intervals specified in tables 1 and 2
in paragraph 1.E, ``Compliance,'' of Boeing Alert Service Bulletin
737-53A1241, Revision 1, dated June 11, 2013. If any crack is found,
before further flight, do all applicable corrective actions in
accordance with Part 2 of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1241, Revision 1, dated June 11, 2013,
except as required by paragraph (k)(1) of this AD. Accomplishment of
a repair specified in Steps 1.a., 2.a., 6.a., or 6.b. of Part 2, of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1241, Revision 1, dated June 11, 2013, as applicable, and
except as required by paragraph (k)(1) of this AD, terminates the
inspections required by this paragraph for the repaired area(s)
only.
    (2) Removal and replacement of a cracked part, in accordance
with Part 2 of the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1241, Revision 1, dated June 11, 2013, does
not terminate the repetitive inspections required by paragraph
(h)(1) of this AD.

(i) Terminating Action

    The inspections required by paragraph (h)(1) of this AD may be
terminated at areas with repairs installed prior to the effective
date of this AD, provided the repairs meet the conditions specified
in note 11 or note 13 of paragraph 3.A., ``General Information,'' of
the Accomplishment Instructions of Boeing Alert Service Bulletin
737-53A1241, Revision 1, dated June 11, 2013.

(j) Optional Terminating Action

    Accomplishment of the preventive modification on the STA 291.5
frame web, in accordance with Part 2 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1241, Revision
1, dated June 11, 2013, terminates the inspections required by
paragraph (h)(1) of this AD for the area that is common to the
preventive modification.

 (k) Exceptions to the Service Information

    (1) Where Boeing Alert Service Bulletin 737-53A1241, Revision 1,
dated June 11, 2013, specifies to contact Boeing for a corrective
action: Before further flight, do the applicable action using a
method approved in accordance with the procedures specified in
paragraph (m) of this AD.
    (2) Where paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 737-53A1241, Revision 1, dated June 11, 2013,
specifies a compliance time ``after the date on Revision 1 of this
service bulletin,'' this AD requires compliance within the specified
compliance time after the effective date of this AD.
    (3) The title to each page of figure 5 of Boeing Alert Service
Bulletin 737-53A1241, Revision 1, dated June 11, 2013, is incorrect
and refers to ``Stringer 16R'' when it should refer to ``Stringer
14R.''

(l) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (h)(1) of this AD, if those actions were performed before
the effective date of this AD using Boeing Alert Service Bulletin
737-53A1241, dated June 13, 2002, which is not incorporated by
reference in this AD.

(m) Alternative Methods of Compliance (AMOCs)

    (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 paragraph (n)(1) of this AD.
Information may be emailed 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, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for the actions specified in AD 2005-07-12,
Amendment 39-14036 (70 FR 17596, April 7, 2005), are approved as
AMOCs for the corresponding provisions of this AD.

(n) Related Information

    (1) For more information about this AD, contact Alan Pohl,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(3) and (o)(4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 737-53A1241, Revision 1, dated
June 11, 2013. (ii) Reserved.
    (3) For Boeing service information identified in this AD,
contact Boeing Commercial Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207;
telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Ave. SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 28, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-26434 Filed 11-10-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Rules and Regulations]
[Page 10658-10659]
[DOCID:fr28fe08-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0213; Directorate Identifier 2007-NM-233-AD;
Amendment 39-15389; AD 2008-04-17]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model DHC-8-102, DHC-8-103,
DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315
Airplanes, and Model DHC-8-400 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    Several cases have been reported where the pilot, co-pilot or
observer utility light system has failed, resulting in a burning
smell within the cockpit. An investigation has revealed that, due to
the orientation and location of the carbon molded potentiometers
used to control the intensity of the light, the potentiometers can
fail and overheat in such a way that burning of the ceiling panel
and the associated insulation blanket could occur. This could lead
to the presence of smoke in the cockpit, requiring that the pilots
carry out the appropriate emergency procedure.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective April 3, 2008.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 3,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer, Systems
and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on November 21, 2007
(72 FR 65476). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    Several cases have been reported where the pilot, co-pilot or
observer utility light system has failed, resulting in a burning
smell within the cockpit. An investigation has revealed that, due to
the orientation and location of the carbon molded potentiometers
used to control the intensity of the light, the potentiometers can
fail and overheat in such a way that burning of the ceiling panel
and the associated insulation blanket could occur. This could lead
to the presence of smoke in the cockpit, requiring that the pilots
carry out the appropriate emergency procedure.

Corrective actions include replacing the affected carbon molded
resistive element potentiometers with wire-wound type potentiometers
for the pilot, co-pilot, and, if applicable, observer utility lights.
You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 186 products of U.S.
registry. We also estimate that it will take about 3 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will cost about $0 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $44,640, or $240 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

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.

    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-04-17 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment
39-15389. Docket No. FAA-2007-0213; Directorate Identifier 2007-NM-
233-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 3,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-102, DHC-8-103,
DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315
airplanes, serial numbers 003 through 639; and Model DHC-8-400
series airplanes, serial numbers 4003, 4004, 4006, and 4008 through
4149; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 33: Lights.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Several cases have been reported where the pilot, co-pilot or
observer utility light system has failed, resulting in a burning
smell within the cockpit. An investigation has revealed that, due to
the orientation and location of the carbon molded potentiometers
used to control the intensity of the light, the potentiometers can
fail and overheat in such a way that burning of the ceiling panel
and the associated insulation blanket could occur. This could lead
to the presence of smoke in the cockpit, requiring that the pilots
carry out the appropriate emergency procedure.

Corrective actions include replacing the affected carbon molded
resistive element potentiometers with wire-wound type potentiometers
for the pilot, co-pilot, and, if applicable, observer utility
lights.

Actions and Compliance

    (f) Within 18 months after the effective date of this AD, unless
already done, do the following actions.
    (1) For Model DHC-8-102, DHC-8-103, DHC-8-106, DHC-8-201, DHC-8-
202, DHC-8-301, DHC-8-311, and DHC-8-315 airplanes: Install
Bombardier Modsum 8Q101603 to replace the affected carbon molded
resistive element potentiometers with wire-wound type potentiometers
for both the pilot and co-pilot utility lights, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 8-33-
53, Revision A, dated March 14, 2007.
    (2) For Model DHC-8-400 series airplanes: Install Bombardier
Modsum 4-126381 to replace the affected carbon molded resistive
element potentiometers with wire-wound type potentiometers for the
pilot, co-pilot, and observer utility lights, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-33-10,
Revision A, dated March 14, 2007.
    (3) Actions done before the effective date of this AD in
accordance with Bombardier Service Bulletin 8-33-53 or 84-33-10,
both dated December 1, 2006, as applicable, are considered
acceptable for compliance with the corresponding actions specified
in this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No difference.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York 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. Send information to ATTN: Wing Chan, Aerospace
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone<PHONE_NUMBER>; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the
AMOC applies, notify your appropriate principal inspector (PI) in
the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2007-11,
dated August 9, 2007; Bombardier Service Bulletin 8-33-53, Revision
A, dated March 14, 2007; and Bombardier Service Bulletin 84-33-10,
Revision A, dated March 14, 2007; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 8-33-53, Revision
A, dated March 14, 2007; or Bombardier Service Bulletin 84-33-10,
Revision A, dated March 14, 2007; as applicable, 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
Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    (3) You may review copies 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 NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.

    Issued in Renton, Washington, on February 13, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
 [FR Doc. E8-3397 Filed 2-27-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Pages 22327-22328]
[FR Doc No: 2012-8845]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0889]

Draft Guidance for Industry on New Animal Drugs and New Animal
Drug Combination Products Administered in or on Medicated Feed or
Drinking Water of Food-Producing Animals: Recommendations for Drug
Sponsors for Voluntarily Aligning Product Use Conditions With GFI
209; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry (draft GFI 213)
entitled ``New Animal Drugs and New Animal Drug Combination Products
Administered in or on Medicated Feed or Drinking Water of Food-
Producing Animals: Recommendations for Drug Sponsors for Voluntarily
Aligning Product Use Conditions With GFI 209.'' The purpose of
this document is to provide information to sponsors of certain new
animal drug products who are interested in developing revised
conditions of use for those products consistent with FDA's GFI
209, ``The Judicious Use of Medically Important Antimicrobial
Drugs in Food-Producing Animals'' and to set timelines for stakeholders
wishing to comply voluntarily with this guidance.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by July 12, 2012.

ADDRESSES: Submit written requests for single copies of the guidance to
the Communications Staff (HFV-12), Center for Veterinary Medicine, Food
and Drug Administration, 7519 Standish Pl., Rockville, MD 20855. Send
one self-addressed adhesive label to assist that office in processing
your request. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: William T. Flynn, Center for
Veterinary Medicine (HVF-1), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    This document is related to two documents published elsewhere in
this issue of the Federal Register, wherein FDA is announcing: (1) The
availability of a final guidance entitled ``The Judicious Use of
Medically Important Antimicrobial Drugs in Food-Producing Animals''
(GFI 209) and (2) the availability of a draft proposed
regulation for veterinary feed directives.
    FDA is announcing the availability of a draft guidance for industry
entitled ``New Animal Drugs and New Animal Drug Combination Products
Administered in or on Medicated Feed or Drinking Water of Food-
Producing Animals: Recommendations for Drug Sponsors for Voluntarily
Aligning Product Use Conditions With GFI 209'' (draft GFI
213). The audience for this draft guidance is sponsors of
approved applications for new animal drug products containing medically
important antimicrobial new animal drugs for use in or on medicated
feed or in drinking water of food-producing animals. The purpose of
this draft guidance is to provide sponsors of the affected new animal
drug products with more specific information on how to supplement their
approved new animal drug applications to align with FDA's
recommendations in GFI 209.
    Final GFI 209, published elsewhere in this edition of the
Federal Register, discusses FDA's concerns regarding the development of
antimicrobial resistance in human and animal bacterial pathogens when
medically important antimicrobial drugs are used in food-producing
animals in an injudicious manner. GFI 209 recommends that the
use of medically important antimicrobial drugs be limited to uses in
animals that are considered necessary for assuring animal health and
include veterinary oversight or consultation (namely through the use of
prescription or veterinary feed directive products).
    FDA encourages all sponsors of new animal drug products covered by
draft GFI 213 to participate in the voluntary program outlined
in the draft guidance. FDA believes a voluntary approach, conducted in
a cooperative and timely manner, will be a far faster and less
burdensome route to achieving the common goal of more judicious use of
medically important antimicrobials in animal agriculture. However, FDA
also believes it is critical to see meaningful progress toward reaching
this goal. Therefore, in order to ensure an orderly, equitable, and
timely transition, draft GFI 213 also includes clear timelines
for sponsors of affected products wishing to revise their approved
applications.

II. Significance of Guidance

    This level 1 draft guidance is being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The draft guidance,
when finalized, will represent the Agency's current thinking on this
topic. It does not create or confer any rights for or on any person and
does not operate to bind FDA or the public. An alternative approach may
be used if such approach satisfies the requirements of the applicable
statutes and regulations.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 514 have been approved under
OMB control numbers 0910-0032 and 0910-0669.

IV. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

V. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: April 5, 2012.
David Dorsey,
Acting Associate Commissioner for Policy and Planning.
[FR Doc. 2012-8845 Filed 4-11-12; 11:15 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Proposed Rules]
[Pages 35783-35787]
[FR Doc No: 2013-14116]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0327]
RIN 1625-AA08

Regattas and Marine Parades in the COTP Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend special local regulations
for annual regattas and marine parades in the Captain of the Port Lake
Michigan Zone. This proposed rule is intended to provide for the safety
of life and property on navigable waters immediately prior to, during,
and immediately after regattas or marine parades. This proposed rule
will establish restrictions upon, and control the movement of, vessels
in a portion of the Captain of the Port Lake Michigan Zone.

DATES: Comments and related material must be received by the Coast
Guard on or before July 15, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0327 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email MST1 Joseph McCollum, Prevention Department, Coast
Guard, Sector Lake Michigan, Milwaukee, WI, telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
CFR Code of Federal Regulations

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at
www.regulations.gov, or by fax, mail, or hand delivery, but please use
only one of these means. If you submit a comment online, it will be
considered received by the Coast Guard when the comment is successfully
transmitted. If you fax, hand deliver, or mail your comment, it will be
considered received by the Coast Guard when the comment is received at
the Docket Management Facility. We recommend that you include your name
and a mailing address, an email address, or a telephone number in the
body of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2013-0327) in the ``SEARCH'' box and click
``SEARCH.''
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0327) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

B. Regulatory History and Information

    On April 6, 2007, the Coast Guard published an NPRM for the events
that are listed within this regulation and made them available for
public comment (72 FR 17062). No comments were received. The Coast
Guard followed this NPRM with a final rule on September 27, 2007.

C. Basis and Purpose

    This proposed rule will remove 1 marine event and amend 5 annual
marine events listed in 33 CFR 100. This proposed rule will amend 33
CFR Part 100 by making updates within the following sections:
    33 CFR 100.903, Harborfest Dragon Boat Race; South Haven, MI. The
Harborfest Dragon Boat Race is an annual event involving an estimated
250 participants maneuvering self-propelled vessels within a portion of
the Black River in South Haven, MI. The organizer for this event
submitted an application showing a date that is different from what is
currently codified within the CFR. For that reason the Coast Guard
proposes to amend 33 CFR 100.903 to reflect an updated effective date
for this event of Saturday and Sunday of the 4th weekend of June, from
6 a.m. until 7 p.m.
    33 CFR 100.904; Celebrate Americafest; Green Bay, WI. This event
will be removed by this proposed rule because it has been codified
within 33 CFR 165.929 Safety Zones; Annual events requiring safety
zones in the Captain of the Port Lake Michigan zone. The Coast Guard
determined from past experience with this event that a safety zone best
addresses the safety hazards associated with this event.
    33 CFR 100.905; Door County Triathlon; Door County, WI. The swim
portion of the Door County Triathlon is expected to involve thousands
of participants in the waters of Horseshoe Bay--a portion of Green Bay.
As this event is currently listed, the effective date expired on July
23 and 24, 2011. The Coast Guard has spoken with the event organizer
and confirmed that this Triathlon is expected to reoccur annually. For
that reason, the Coast Guard proposes to amend 33 CFR 100.905 to
reflect an updated effective date for this event. Likewise, this rule
proposes to amend the location and size of the regulated area for this
event. This rule proposes to shrink the size of the regulated area by
1000 yards and move the regulated area into the waters of Horseshoe
Bay, some 600 yards southeast of its currently-listed location.
    33 CFR 100.906; Grand Haven Coast Guard Festival Waterski Show;
Grand Haven, MI. This rule proposes to amend the effective date of this
event so that, should the date change, the Coast Guard will give notice
to the public of the effective date by Notice of Enforcement.
    33 CFR 100.907; Milwaukee River Challenge; Milwaukee, WI.
    The Milwaukee River Challenge is a rowing competition involving 40'
and 60' rowing shells. The event is expected to involve hundreds of
participants and spectators. The event organizer for the Milwaukee
River Challenge informed the Coast Guard that the Milwaukee River
Challenge Race will take place at an earlier time than is currently
listed in 33 CFR 100.907. The event organizer further informed the
Coast Guard that the rowing shells involved in the Milwaukee River
Challenge will race along a portion of the Menomonee River as well as
the Milwaukee River. As it is currently listed in 33 CFR 100.907, only
the Milwaukee River is named within the ``Regulated Area'' section.
    33 CFR 100.909; Chinatown Chamber of Commerce Dragon Boat Race;
Chicago, IL. The Chinatown Chamber of Commerce Dragon Boat Race is an
annual event involving an estimated 1000 participants maneuvering self-
propelled vessels within a portion of the Chicago River in Chicago, IL.
The organizer for this event submitted an application showing a date
that is different from what is currently codified within the CFR, and
is expected to differ in the future. For that reason the Coast Guard
proposes to amend 33 CFR 100.909 to reflect an updated effective date
for this event of the second Friday and Saturday of July from 11:30
a.m. to 5 p.m.
    For each of these events, the Captain of the Port, Lake Michigan,
has determined that the likely combination of a race involving a large
number of competitors, spectators, and transiting commercial craft in a
congested area of water presents significant safety risks. These risks
include collisions among

competitor and spectator vessels, injury to swimmers from transiting
water craft, capsizing, and drowning.

D. Discussion of Proposed Rule

    This proposed rule is intended to ensure safety of life and
property on the navigable waters immediately prior to, during, and
immediately after regattas or marine parades. This proposed rule will
establish restrictions upon, and control the movement of, vessels in a
specified area of the Captain of the Port Lake Michigan zone.
    The Captain of the Port, Lake Michigan will notify the public of
the enforcement of the special local regulations in this proposal by
all appropriate means. Such means of notification will include, but are
not limited to, Broadcast Notice to Mariners and Local Notice to
Mariners. The events within this proposed rule are expected to occur on
certain dates each year. Because these dates are subject to change, the
Coast Guard will provide notice of any change in date via a Notice of
Enforcement. Additionally, the Coast Guard will also provide a notice
via a Broadcast Notice to Mariners.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
    We conclude that this proposed rule is not a significant regulatory
action because we anticipate that it will have minimal impact on the
economy, will not interfere with other agencies, will not adversely
alter the budget of any grant or loan recipients, and will not raise
any novel legal or policy issues. The special local regulations
established by this proposed rule will be periodic, of short duration,
and designed to minimize impact on navigable waters. Thus, restrictions
on vessel movement are expected to be minimal. Under certain
conditions, moreover, vessels may still transit through the proposed
regulated areas when permitted by the Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule would affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit or anchor in affected waters within the Lake
Michigan Zone on the days in which these special local regulations are
enforced.
    This proposed rule would not have a significant economic impact on
a substantial number of small entities for the reasons discussed in the
Regulatory Planning and Review section above.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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, above. 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.

4. Collection of Information

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

5. Federalism

    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
determined that this rule does not have implications for federalism.

6. 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
proposed rule elsewhere in this preamble.

7. Taking of Private Property

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

8. Civil Justice Reform

    This proposed 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.

9. Protection of Children From Environmental Health Risks

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

10. Indian Tribal Governments

    This proposed 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.

11. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

12. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

13. 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 (NEPA)(42 U.S.C. 4321-4370f), and have
made a 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 rule involves the establishment of special
local regulations issued in conjunction with a regatta or marine
parade, and, therefore it is categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are 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.

List of Subjects in 33 CFR Part 100

    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.

0
2. Revise Sec.  100.903 to read as follows:

Sec.  100.903  Harborfest Dragon Boat Race; South Haven, MI.

    (a) Regulated Area. A regulated area is established on the Black
River in South Haven, MI within the following coordinates starting at
42[deg]24'13.6'' N, 086[deg]16'41'' W; then southeast 42[deg]24'12.6''
N, 086[deg]16'40'' W; then northeast to 42[deg]24'19.2'' N,
086[deg]16'26.5'' W; then northwest to 42[deg]24'20.22'' N,
086[deg]16'27.4'' W; then back to point of origin. (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually on the
Saturday and Sunday of the 4th weekend of June, from 6 a.m. until 7
p.m. The time and date for this event are subject to change. In the
event of a schedule change, the Coast Guard will issue a Notice of
Enforcement with the exact date and time that this regulated area will
be enforced.
0
3. Remove and reserve Sec.  100.904
0
4. Revise Sec.  100.905 to read as follows:

Sec.  100.905  Door County Triathlon; Door County, WI.

    (a) Regulated Area. A regulated area is established to include all
waters of Horseshoe Bay within a 1000-yard radius from a position at
45[deg]00[min]52.6[sec] N, 087[deg]20[min]6.7[sec] W. (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually on the
Saturday and Sunday of the third weekend of July; from 7 a.m. to 10
a.m. The time and date for this event are subject to change. In the
event of a schedule change, the Coast Guard will issue a Notice of
Enforcement with the exact date and time that this regulated area will
be enforced.
0
5. Revise Sec.  100.906 to read as follows:

Sec.  100.906  Grand Haven Coast Guard Festival Waterski Show, Grand
Haven, MI.

    (a) Regulated Area. All waters of the Grand River at Waterfront
Stadium from approximately 350 yards upriver to 150 yards downriver of
Grand River Lighted Buoy 3A (Lightlist number 19000) within the
following coordinates: 43[deg]04[min] N, 086[deg]14[min]12[sec] W; then
east to 43[deg]03[min]56[sec] N, 086[deg]14[min]4[sec] W; then south to
43[deg]03[min]45[sec] N, 086[deg]14[min]10[sec] W; then west to
43[deg]03[min]48[sec] N, 086[deg]14[min]17[sec] W; then back to the
point of origin. (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually the
Tuesday before the first Saturday in August; 7 p.m. to 9 p.m. The time
and date for this event are subject to change. In the event of a
schedule change, the Coast Guard will issue a Notice of Enforcement
with the exact date and time that this regulated area will be enforced.
0
6. Revise Sec.  100.907 to read as follows:

Sec.  100.907  Milwaukee River Challenge; Milwaukee, WI.

    (a) Regulated Area. All waters of the Milwaukee River from the
junction with the Menomonee River at position 43[deg]01[min]54.9[sec]
N, 087[deg]54[min]37.6[sec] W to the East Pleasant St. Bridge at
position 43[deg]03[min]5.7[sec] N, 087[deg]54[min]28.1[sec] W (NAD 83).
All waters of the Menomonee River from the North 25th St. Bridge at
position 43[deg]01[min]57.4[sec] N, 087[deg]56[min]40.9[sec] W to the
junction with the Milwaukee River (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective date. These regulations are effective annually on the
third Saturday of September; from 8:00 a.m. to 4:00 p.m. The time and
date for this event are subject to change. In the event of a schedule
change, the Coast Guard will issue a Notice of Enforcement with the
exact date and time that this regulated area will be enforced.
0
7. Revise Sec.  100.909 to read as follows:

Sec.  100.909  Chinatown Chamber of Commerce Dragon Boat Race; Chicago,
IL.

    (a) Regulated Area. All waters of the South Branch of the Chicago
River from the West 18th Street Bridge at position
41[deg]51[min]28[sec] N, 087[deg]38[min]06[sec] W to the Amtrak Bridge
at position 41[deg]51[min]20[sec] N, 087[deg]38[min]13[sec] W. (NAD
83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
    (c) Effective Date. These regulations are effective annually on the
second Friday and Saturday of July from 11:30 a.m. to 5 p.m. The time
and date for this event are subject to change. In the event of a
schedule change, the Coast Guard will issue a Notice of Enforcement
with the exact date and time that this regulated area will be enforced.

    Dated: May 24, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-14116 Filed 6-13-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56926-56929]
[FR Doc No: 2015-23631]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0732]
RIN 1625-AA87

Security Zone, Delaware River; Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing security zones in the waters
of the Delaware River and Schuylkill River in Philadelphia, PA. These
zones are intended to restrict vessels from portions of the Delaware
River and Schuylkill River during the 2015 Papal visit on September 26,
2015, and September 27, 2015. During the enforcement period, no
unauthorized vessels or people will be permitted to enter or move
within the security zones without permission from the Captain of the
Port or his designated representative. This security zone is necessary
to provide security for Pope Francis.

DATES: This rule will be effective and enforced from 6:00 a.m. on
September 25, 2015, to 12:00 p.m. on September 28, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0732]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 rule,
call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector
Delaware Bay, Chief Waterways Management Division, Coast Guard;
telephone<PHONE_NUMBER>,

email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and 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 final details for Pope Francis'
arrival and departure were not known until August 4, 2015. This late
notification precludes the Coast Guard from publishing a NPRM while
meeting the security zone's objectives of protecting Pope Francis and
accompanying high-ranking government officials, and protect against
sabotage or terrorist attacks to human life, vessels, mariners, and
waterfront facilities at or near this event.
    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this temporary rule effective
less than 30 days after publication in the Federal Register.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
and Department of Homeland Security Delegation No. 0170.1., which
collectively authorize the Coast Guard to establish security zones.
    These temporary security zones are necessary to provide for the
security of Pope Francis and accompanying high-ranking government
officials, and protect against sabotage or terrorist attacks to human
life, vessels, mariners, and waterfront facilities at or near this
event.

C. Discussion of the Final Rule

    On September 26, 2015, Pope Francis and accompanying high-ranking
government officials will be arriving in Philadelphia, PA. The Coast
Guard is establishing several security zones in portions of the
Delaware River and Schuylkill River in Philadelphia, PA.
    The first security zone will be enforced from September 26, 2015,
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all
the waters of the Delaware River from the New Jersey shore line, to the
Pennsylvania shore line, beginning at the east end of Little Tinicum
Island extending in a Northeasterly direction and ending at the mouth
of the Schuylkill River;
    The second security zone will be enforced from September 25, 2015,
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all
the waters of the Schuylkill River inside a boundary described as
originating from the South 34th street Bridge north and ending at the
West Girard Avenue Bridge.
    The third security zone will be enforced from September 25, 2015,
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all
the waters of the Schuylkill River inside a boundary described as
originating from the mouth of the Schuylkill River and ending 500 yards
north of the George C. Platt Memorial Bridge.
    The fourth security zone will be enforced from September 26, 2015,
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all
waters of the Delaware River adjacent to the Ben Franklin Bridge
bounded in the East by the New Jersey shoreline, bounded in the West by
the Pennsylvania shoreline, bounded in the South by Latitude
39[deg]56'31'' N., and bounded in the North by Latitude 39[deg]57'23''
N.
    The fifth security zone will be enforced on September 27, 2015,
from 9:00 a.m. until 2:00 p.m. and includes all water of the Delaware
River adjacent to Curran-Fromhold Correctional Facility, in North-East
Philadelphia, PA, bounded from shoreline to shoreline, bounded on the
south by a line running east to west from points along the shoreline at
latitude 40[deg]00'54'' N., longitude 075[deg]01'00'' W.; thence to
latitude 40[deg]01'15'' N., longitude 075[deg]01'19'' W., and bounded
on the North by a line running east to west from points along the
shoreline at latitude 40[deg]01'58'' N., longitude 074[deg]59'24'' W.;
thence to latitude 40[deg]02'15'' N., longitude 074[deg]59'55'' W.
    Access to these security zones will be restricted during the
specified date and time period. Only vessels or people specifically
authorized by the Captain of the Port, Delaware Bay or his designated
representative may enter or remain in the regulated area.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    Although this regulation will restrict access to the security
zones, the effect of this rule will not be significant because: this
rule will only be enforced for a limited duration; vessels may be
granted permission to transit through the zone on a case-by-case basis;
and the Coast Guard will make notifications via maritime advisories so
mariners can adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. These security zones will not have a significant economic
impact on a substantial number of small entities for the reasons stated
under paragraph D.1., Regulatory Planning and Review.

3. Assistance for Small Entities

    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 above.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. 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.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a security zone
and is categorically excluded from further review under paragraph 34(g)
of Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are not required.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0732 to read as follows:

Sec.  165.T05-0732  Security Zone, Delaware River; Philadelphia, PA.

    (a) Locations and enforcement periods. The Coast Guard is
establishing security zones in portions of the Delaware River and
Schuylkill River in Philadelphia, PA.
    (1) The first security zone will be enforced from September 26,
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes
all the waters of the Delaware River from the New Jersey shore line, to
the Pennsylvania shore line, beginning at the east end of Little
Tinicum Island extending in a Northeasterly direction and ending at the
mouth of the Schuylkill River;
    (2) The second security zone will be enforced from September 25,
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes
all the waters of the Schuylkill River inside a boundary described as
originating from the South 34th street Bridge north and ending at the
West Girard Avenue Bridge.
    (3) The third security zone will be enforced from September 25,
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes
all the waters of the Schuylkill River inside a boundary described as
originating from the mouth of the Schuylkill River and ending 500 yards
north of the George C. Platt Memorial Bridge.
    (4) The fourth security zone will be enforced from September 26,
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes
all waters of the Delaware River adjacent to the Ben Franklin Bridge
bounded in the East by the New Jersey shoreline, bounded in the West by
the Pennsylvania shoreline,

bounded in the South by Latitude 39[deg]56'31'' N., and bounded in the
North by Latitude 39[deg]57'23'' N.
    (5) The fifth security zone will be enforced on September 27, 2015,
from 9:00 a.m. until 2:00 p.m. and includes all water of the Delaware
River adjacent to Curran-Fromhold Correctional Facility, in North-East
Philadelphia, PA, bounded from shoreline to shoreline, bounded on the
south by a line running east to west from points along the shoreline at
latitude 40[deg]00'54'' N., longitude 075[deg]01'00'' W.; thence to
latitude 40[deg]01'15'' N., longitude 075[deg]01'19'' W., and bounded
on the North by a line running east to west from points along the
shoreline at latitude 40[deg]01'58'' N., longitude 074[deg]59'24'' W.;
thence to latitude 40[deg]02'15'' N., longitude 074[deg]59'55'' W.
    (b) Regulations. The general security zone regulations found in 33
CFR part 165 subpart C apply to the security zones created by this
section.
    (1) All persons and vessels are prohibited from entering these
security zones, except as authorized by the Coast Guard Captain of the
Port or his designated representative.
    (2) To seek permission to transit any of these security zones, the
Captain of the Port or his designated representative can be contacted
via Sector Delaware Bay Command Center<PHONE_NUMBER> or on VHF-FM
marine band radio channel 16 (156.8 MHz).
    (3) Vessels granted permission to transit through the security
zones must do so in accordance with the directions provided by the
Captain of the Port or his designated representative to the vessel.
    (4) This section applies to all vessels wishing to transit through
the security zones except vessels that are engaged in the following
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; or
    (iii) Emergency response vessels.
    (5) No person or vessel may enter or remain in a security zone
without the permission of the Captain of the Port;
    (6) Each person and vessel in a security zone shall obey any
direction or order of the Captain of the Port;
    (c) Definitions in this section--(1) Captain of the Port means the
Commander, Coast Guard Sector Delaware Bay, or any Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port to act on his behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Delaware Bay to assist in enforcing the security zone described
in paragraph (a) of this section.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted by
Federal, State, and local agencies in the patrol and enforcement of the
zone.

    Dated: September 8, 2015.
B.A. Cooper,
Captain, U. S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2015-23631 Filed 9-18-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14875-14876]
[FR Doc No: 2013-05338]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0092]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated November 28, 2012, the BNSF Railway Company (BNSF) has petitioned
the Federal Railroad Administration (FRA) for a waiver of compliance
from certain provisions of the Federal railroad safety regulations
contained at 49 CFR part 232--Brake System Safety Standards for Freight
and Other Non-Passenger Trains and Equipment, End-of-Train Devices. FRA
assigned the petition Docket Number FRA-2012-0092.
    Specifically, BNSF seeks relief with respect to 49 CFR 232.207(a)
for certain Bakken-oil unit trains that originate at refineries in
North Dakota. These trains, when headed east out of the refineries,
presently fall marginally short of major inspection terminals under the
1,000-mile inspection requirements pursuant to 49 CFR 232.207. Under
BNSF's current operating practice, these trains are stopping short of
terminals that have qualified mechanical inspectors (QMI), the train
crews are conducting the Class 1A inspections, and then the trains are
continuing on into the terminals. BNSF believes that the risk of the
mileage addition allowance under the Class 1A inspections (between 24-
198 miles for the requested trains) will be more than offset by the QMI
inspections that the trains would receive, if relief is granted.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov/. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received by April 8, 2013 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on March 4, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-05338 Filed 3-6-13; 8:45 am]
BILLING CODE 4910-06-P