[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Rules and Regulations]
[Page 16655-16657]
[DOCID:fr02ap10-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-19559; Directorate Identifier 2004-NE-03-AD;
Amendment 39-16254; AD 2010-07-09]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc RB211-Trent 700 Series
Turbofan Engines

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) for Rolls-Royce plc RB211-Trent 700 series turbofan engines. That
AD currently requires initial and repetitive borescope inspections of
the high-pressure-and-intermediate pressure (HP-IP) turbine internal
and external oil vent tubes for coking and carbon buildup, and cleaning
or replacing the vent tubes if necessary. This AD requires the same
actions, but adds additional inspections of the vent flow restrictor.
This AD results from further analysis that the cleaning of the vent
tubes required by AD 2007-02-05 could lead to loosened carbon
fragments, causing a blockage downstream in the vent flow restrictor.
We are issuing this AD to prevent internal oil fires due to coking and
carbon buildup that could cause uncontained engine failure and damage
to the airplane.

DATES: This AD becomes effective May 7, 2010. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in the regulations as of May 7, 2010.

ADDRESSES: You can get the service information identified in this AD
from Rolls-Royce plc, P.O. Box 31, Derby, England; telephone: 011-44-
1332-249428; fax: 011-44-1332-249223.
    The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 by
superseding AD 2007-02-05, Amendment 39-14892 (72 FR 2603, January 22,
2007), with a proposed AD. The proposed AD applies to Rolls-Royce plc
RB211-Trent 700 series turbofan engines. We published the proposed AD
in the Federal Register on October 26, 2009 (74 FR 54940). That action
proposed to require initial and repetitive borescope inspections of the
HP-IP turbine internal and external oil vent tubes for coking and
carbon buildup, cleaning or replacing the vent tubes if necessary, and
inspections of the vent flow restrictor.

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 this AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
provided in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.

Request to Reference the Latest Service Bulletin

    One commenter, Rolls-Royce plc, requests that we incorporate by
reference the latest alert service bulletin (ASB) in the AD, which is
ASB No. RB.211-72-AE302, Revision 8, dated October 21, 2009.
    We agree. We changed the AD to incorporate by reference Revision 8
of that ASB.

Request To Allow Previous Credit

    Rolls-Royce plc requests that we allow previous credit to operators
that performed the initial inspections specified in paragraph (f) of
the proposed AD before the AD effective date, using Revision 4,
Revision 5, Revision 6, or Revision 7 of ASB No. RB.211-72-AE302.
    We agree and added a previous credit paragraph to the AD.

Request to Change Initial Inspection Threshold

    Rolls-Royce plc requests that we change the initial inspection
threshold from 3 months to 2 months, to agree with the ASB.
    We agree and changed the AD.

Clarification of AD Compliance Section

    We clarified paragraphs (g) and (h) of the AD compliance section to
better align with the Rolls-Royce plc ASB.

Conclusion

    We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect about 33 engines of U.S. registry. We also estimate that it will
take about one work-hour per engine to comply with this AD. The average
labor rate is $80 per work-hour. Required parts will cost about $2,000
per engine. Based on these figures, we estimate the cost of the AD on
U.S. operators to be $68,640.

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); 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 summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

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 Federal Aviation Administration 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 Amendment 39-14892 (72 FR
2603, January 22, 2007), and by adding a new airworthiness directive,
Amendment 39-16254, to read as follows:

2010-07-09 Rolls-Royce plc: Amendment 39-16254. Docket No. FAA-2005-
19559; Directorate Identifier 2004-NE-03-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 7,
2010.

Affected ADs

    (b) This AD supersedes AD 2007-02-05, Amendment 39-14892.

Applicability

    (c) This AD applies to Rolls-Royce plc RB211-Trent 768-60,
RB211-Trent 772-60, and RB211-Trent 772B-60 series turbofan engines.
These engines are installed on, but not limited to, Airbus A330-243,
-341, -342 and -343 series airplanes.

Unsafe Condition

    (d) This AD results from further analysis that the cleaning of
the vent tubes required by AD 2007-02-05 could lead to loosened
carbon fragments, causing a blockage downstream in the vent flow
restrictor. We are issuing this AD to prevent internal oil fires due
to coking and carbon buildup that could cause uncontained engine
failure and damage to the airplane.

Compliance

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

Initial Inspections, Cleaning, and Replacements

    (f) Using the schedule in Table 1 of this AD, borescope-inspect
and clean as necessary, the high-pressure-and-intermediate pressure
(HP-IP) turbine internal oil vent tubes, external oil vent tubes,
and bearing chamber.

                  Table 1--Initial Inspection Schedule
------------------------------------------------------------------------
     If the engine or the 05 Module           Then initially inspect
------------------------------------------------------------------------
Has reached 10,000 hours time-since-new  Within 2 months after the
 (TSN) or reached 2,500 cycles-since-     effective date of this AD.
 new (CSN) on the effective date of
 this AD.
Has fewer than 10,000 hours TSN and      Within 2 months after reaching
 fewer than 2,500 CSN on the effective    10,000 hours TSN or 2,500 CSN,
 date of this AD.                         whichever occurs first.
Is returned for an engine shop visit...  Before returning to service.
------------------------------------------------------------------------

    (1) If after cleaning, there is still carbon in the vent tube
that prevents cleaning tool number HU80298 from passing through the
tube, then replace the internal oil vent tube within 10 cycles-in-
service (CIS).
    (2) If after cleaning, there is still carbon of visible
thickness in either of the two external oil vent tubes, then replace
the external oil vent tube before further flight.
    (3) Use paragraphs 3.A. through 3.A.(7) of the Accomplishment
Instructions and Appendix A of Rolls-Royce plc Alert Service
Bulletin (ASB) No. RB.211-72-AE302, Revision 8, dated October 21,
2009, to do the borescope inspections and cleaning of the oil vent
tubes and bearing chamber.

Initial Visual Inspection of the Vent Flow Restrictor

    (g) For engines that, on the effective date of this AD, have not
accumulated 25 service cycles since the last cleaning and inspection
specified in paragraphs (f) through (f)(3) of this AD, visually
inspect the vent flow restrictor:
    (1) Either after a high-power ground run immediately following
the cleaning and inspection; or
    (2) Within 25 service cycles of the last cleaning and
inspection.
    (h) For engines that, on the effective date of this AD, have
accumulated 25 or more service cycles since the last cleaning and
inspection specified in paragraphs (f) through (f)(3) of this AD,
visually inspect the vent flow restrictor within 25 service cycles
after the effective date of this AD.
    (i) Use paragraph 3.A.(8) of the Accomplishment Instructions of
Rolls-Royce plc ASB No. RB.211-72-AE302, Revision 8, dated October
21, 2009, to do the visual inspections.

Repetitive Inspections, Cleaning, and Replacements

    (j) Within 6,400 hours time-in-service since last inspection and
cleaning, or within 1,600 cycles-since-last inspection and cleaning,
or at the next engine shop visit, whichever occurs first, borescope-
inspect the HP-IP turbine internal and external oil vent tubes and
bearing chamber, and clean the oil vent tubes as necessary.
    (1) If after cleaning there is still carbon in the internal oil
vent tube that prevents cleaning tool, number HU80298, from passing
through the tube, then replace the internal oil vent tube within 10
CIS.
    (2) If after cleaning there is still carbon of visible
thickness, in either of the two external oil vent tubes, then
replace the external oil vent tube before further flight.
    (3) Use paragraphs 3.A. through 3.A.(7) of the Accomplishment
Instructions and Appendix A of Rolls-Royce plc ASB No. RB.211-72-
AE302, Revision 8, dated October 21, 2009, to do the borescope
inspections and cleaning of the oil vent tubes and bearing chamber.
    (k) Visually inspect the vent flow restrictor either after a
high-power ground run or within 25 service cycles after performing
the cleaning and inspection specified in paragraph (f) through
(f)(3) of this AD. Use paragraph 3.A.(8) of the Accomplishment
Instructions of Rolls-Royce plc ASB No. RB.211-72-AE302, Revision 8,
dated October 21, 2009, to do the visual inspection.

Definition

    (l) For the purpose of this AD, an engine shop visit is
induction of the engine into the engine shop for any cause.

Previous Credit

    (m) Initial inspections specified in paragraph (f) of this AD
and performed before the effective date of this AD using Rolls-Royce
plc ASB No. RB.211-72-AE302, Revision 4, dated April 30, 2007, or
Revision 5, dated May 22, 2007, or Revision 6, dated January 29,
2009, or Revision 7, dated April 30, 2009, satisfy the initial
inspection requirements in paragraph (f) of this AD.

Alternative Methods of Compliance

    (n) The Manager, Engine Certification Office, has the authority
to approve alternative methods of compliance for this AD, if
requested using the procedures found in 14 CFR 39.19.

Related Information

    (o) European Aviation Safety Agency AD 2007-0201, dated August
1, 2007, and AD 2007-0202 (corrected August 8, 2007), also address
the subject of this AD.
    (p) Contact James Lawrence, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax (781) 238-
7199, for more information about this AD.

Material Incorporated by Reference

    (q) You must use Rolls-Royce plc Alert Service Bulletin No.
RB.211-72-AE302, Revision 8, dated October 21, 2009, including
Appendix A, to perform the actions required by this AD. The Director
of the Federal Register approved the incorporation by reference of
this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Contact Rolls-Royce plc, P.O. Box 31, Derby, England;
telephone: 011-44-1332-249428; fax: 011-44-1332-249223 for a copy of
this service information. You may review copies at the FAA, New
England Region, 12 New England Executive Park, Burlington, MA; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/
ibr-locations.html.

    Issued in Burlington, Massachusetts, on March 25, 2010.
Robert J. Ganley,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2010-7283 Filed 4-1-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 6, 2007 (Volume 72, Number 172)]
[Notices]
[Page 51272]
[DOCID:fr06se07-103]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Approval of Existing Information Collection:
    Rule 17a-8; SEC File No. 270-225; OMB Control No. 3235-0235.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange Commission
(``Commission'') has submitted to the Office of Management and Budget
(``OMB'') a request for extension of the previously approved collection
of information discussed below.
    Rule 17a-8 (17 CFR 270.17a-8) under the Investment Company Act of
1940 (the ``Act'') (15 U.S.C. 80a) is entitled ``Mergers of affiliated
companies.'' Rule 17a-8 exempts certain mergers and similar business
combinations (``mergers'') of affiliated registered investment
companies (``funds'') from prohibitions under section 17(a) of the Act
(15 U.S.C. 80a-17(a)) on purchases and sales between a fund and its
affiliates. The rule requires fund directors to consider certain issues
and to record their findings in board minutes. The rule requires the
directors of any fund merging with an unregistered entity to approve
procedures for the valuation of assets received from that entity. These
procedures must provide for the preparation of a report by an
independent evaluator that sets forth the fair value of each such asset
for which market quotations are not readily available. The rule also
requires a fund being acquired to obtain approval of the merger
transaction by a majority of its outstanding voting securities, except
in certain situations, and requires any surviving fund to preserve
written records describing the merger and its terms for six years after
the merger (the first two in an easily accessible place).
    The average annual burden of meeting the requirements of rule 17a-8
is estimated to be 7 hours for each fund. The Commission staff
estimates that each year approximately 920 funds rely on the rule. The
estimated total average annual burden for all respondents therefore is
6,440 hours.
    This estimate represents an increase of 2,240 hours from the prior
estimate of 4,200 hours. The increase results from an increase in the
estimated number of mergers of affiliated funds and fund portfolios.
    The average cost burden of preparing a report by an independent
evaluator in a merger with an unregistered entity is estimated to be
$15,000. The average net cost burden of obtaining approval of a merger
transaction by a majority of a fund's outstanding voting securities is
estimated to be $75,000. The Commission staff estimates that each year
approximately 15 mergers with unregistered entities occur and
approximately 22 funds hold shareholder votes that would not otherwise
have held a shareholder vote to comply with state law. The total annual
cost burden of meeting these requirements is estimated to be $1,875,000
    The estimates of average burden hours and average cost burdens are
made solely for the purposes of the Paperwork Reduction Act, and are
not derived from a comprehensive or even a representative survey or
study. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
    Please direct general comments regarding the above information to
the following persons: (i) Desk Officer for the Securities and Exchange
Commission, Office of Management and Budget, Room 10102, New Executive
Office Building, Washington, DC 20503 or e-mail to:
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief Information

Officer, Securities and Exchange Commission, C/O Shirley Martinson,
6432 General Green Way, Alexandria, VA 22312; or send an e-mail to:
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days

of this notice.

     August 30, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-17583 Filed 9-5-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Proposed Rules]
[Pages 41798-41801]
[FR Doc No: 2021-16478]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0540]
RIN 1625-AA08

Special Local Regulations, Choptank River, Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish special local
regulations for certain waters of the Choptank River. This action is
necessary to provide for the safety of life on navigable waters located
at Cambridge, MD, during a high-speed power boat racing event on
October 9, 2021, and October 10, 2021. This proposed rulemaking would
prohibit persons and vessels from being in the regulated area unless
authorized by the Captain of the Port Maryland-National Capital Region
or Coast Guard Event Patrol Commander. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before September 2, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0540 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, Waterways Management
Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    The Cambridge Power Boat Regatta Association of Cambridge, MD,
notified the Coast Guard that it will be conducting the Cambridge
Classic Power Boat Regatta from 10 a.m. to 5 p.m. on October 9, 2021,
and from 10 a.m. to 5 p.m. on October 10, 2021. The high-speed power
boat racing event consists of approximately 60 participating inboard
and outboard hydroplane and runabout race boats of various classes, 16
to 24 feet in length. The vessels will be competing on a designated,
marked 1-mile oval course located in the Choptank River in a cove
located between Hambrooks Bar and the shoreline at Cambridge, MD.
Hazards from the power boat racing event include risks of injury or
death resulting from near or actual contact among participant vessels
and spectator vessels or waterway users if normal vessel traffic were
to interfere with the event. Additionally, such hazards include
participants operating near designated navigation channels, as well as
operating near approaches to local public boat ramps, private marinas
and yacht clubs, and waterfront businesses. The COTP Maryland-National
Capital Region has determined that potential hazards associated with
the power boat races would be a safety concern for anyone intending to
operate within certain waters of the Choptank River at Cambridge, MD.
    The purpose of this rulemaking is to protect event participants,
spectators, and transiting vessels on certain waters of Choptank River
before, during, and after the scheduled event. The Coast Guard proposes
this rulemaking under authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish
special local regulations from 9 a.m. on October 9, 2021, until 6 p.m.
on October 10, 2021. The special local regulations would be enforced
from 9 a.m. to 6 p.m. on October 9th and those same hours on October
10th. The regulated area would cover all navigable waters within
Choptank River and Hambrooks Bay bounded by a line connecting the
following coordinates: Commencing at the shoreline at Long Wharf Park,
Cambridge, MD, at position latitude 38[deg]34'30'' N, longitude
076[deg]04'16'' W; thence east to latitude 38[deg]34'20'' N, longitude
076[deg]03'46'' W; thence northeast across the Choptank River along the
Senator Frederick C. Malkus, Jr. (US-50) Memorial Bridge, at mile 15.5,
to latitude 38[deg]35'30'' N, longitude 076[deg]02'52'' W; thence west
along the shoreline to latitude 38[deg]35'38'' N, longitude
076[deg]03'09'' W; thence north and west along the shoreline to
latitude 38[deg]36'42'' N, longitude 076[deg]04'15'' W; thence
southwest across the Choptank River to latitude 38[deg]35'31'' N,
longitude 076[deg]04'57'' W; thence west along the Hambrooks Bay
breakwall to latitude 38[deg]35'33'' N, longitude 076[deg]05'17'' W;
thence south and east along the shoreline to and terminating at the
point of origin in Dorchester County, MD.
    This proposed rule provides additional information about areas
within the regulated area, and the restrictions that apply to mariners.
These areas include a ``Race Area,'' ``Buffer Area'' and ``Spectator
Area''.
    The proposed duration of the rule and size of the regulated area
are intended to ensure the safety of life on these navigable waters
before, during, and after the high-speed power boat races, scheduled
from 10 a.m. until 5 p.m. on October 9, 2021 and October 10, 2021. The
COTP and Coast Guard Event Patrol Commander (Event PATCOM) would have
authority to forbid and control the movement of all vessels and
persons, including event participants, in the regulated area. When
hailed or signaled by an official patrol, a vessel or person in the
regulated area would be required to immediately comply with the
directions given by the COTP or Event PATCOM. If a person or vessel
fails to follow such directions, the Coast Guard may expel them from
the area, issue them a citation for failure to comply, or both.
    Except for Cambridge Classic Power Boat Regatta participants and
vessels already at berth, a vessel or person would be required to get
permission from the COTP or Event PATCOM before entering the regulated
area while the rule is being enforced. Vessel operators could request
permission to enter and transit through the regulated area by
contacting the Event PATCOM on VHF-FM channel 16. Vessel traffic would
be able to safely transit the regulated area once the Event PATCOM
deems it safe to do so. A person or vessel not registered with the
event

sponsor as a participant or assigned as official patrols would be
considered a spectator. Official Patrols are any vessel assigned or
approved by the Commander, Coast Guard Sector Maryland-National Capital
Region with a commissioned, warrant, or petty officer on board and
displaying a Coast Guard ensign.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels would be required to
operate at a safe speed that minimizes wake while within the regulated
area. Official patrol vessels will direct spectator vessels while
within the regulated area. Vessels would be prohibited from loitering
within the navigable channel. Only participant vessels and official
patrol vessels would be allowed to enter the race area.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the location, size
and duration of the regulated area, which impacts a portion of the
Choptank River for a total of 18 hours. The regulated area extends
across the entire width of the Choptank River between Cambridge, MD,
and Trappe, MD. The majority of the vessel traffic through this area
consists of passenger, recreational and fishing vessels transiting
along the Choptank River or into Cambridge Creek. The Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the status of the regulated area. Moreover, the rule would allow
vessels to seek permission to enter the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (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 call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
implementation of regulations within 33 CFR part 100 for total 18
enforcement hours. Normally such actions are categorically excluded
from further review under paragraph L61of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to

coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places, or
vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0540 in the
``SEARCH'' box and click ``SEARCH.'' Next, look for this document in
the Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this document for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).

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:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0540 to read as follows:

Sec.  100.501T05-0540   Cambridge Classic Power Boat Regatta, Choptank
River, Cambridge, MD.

    (a) Locations. All coordinates reference Datum NAD 1983. (1)
Regulated area. All navigable waters within Choptank River and
Hambrooks Bay bounded by a line connecting the following coordinates:
Commencing at the shoreline at Long Wharf Park, Cambridge, MD, at
position latitude 38[deg]34'30'' N, longitude 076[deg]04'16'' W; thence
east to latitude 38[deg]34'20'' N, longitude 076[deg]03'46'' W; thence
northeast across the Choptank River along the Senator Frederick C.
Malkus, Jr. (US-50) Memorial Bridge, at mile 15.5, to latitude
38[deg]35'30'' N, longitude 076[deg]02'52'' W; thence west along the
shoreline to latitude 38[deg]35'38'' N, longitude 076[deg]03'09'' W;
thence north and west along the shoreline to latitude 38[deg]36'42'' N,
longitude 076[deg]04'15'' W; thence southwest across the Choptank River
to latitude 38[deg]35'31'' N, longitude 076[deg]04'57'' W; thence west
along the Hambrooks Bay breakwall to latitude 38[deg]35'33'' N,
longitude 076[deg]05'17'' W; thence south and east along the shoreline
to and terminating at the point of origin. The following locations are
within the regulated area:
    (2) Race area. Located within the waters of Hambrooks Bay and
Choptank River, between Hambrooks Bar and Great Marsh Point, MD. The
race area is within the buffer area.
    (3) Buffer area. All navigable waters within Hambrooks Bay and
Choptank River (with the exception of the race area designated by the
marine event sponsor) bound to the north by the breakwall and
continuing along a line drawn from the east end of breakwall located at
latitude 38[deg]35'27.6'' N, longitude 076[deg]04'50.1'' W; thence
southeast to latitude 38[deg]35'17.7'' N, longitude 076[deg]04'29'' W;
thence south to latitude 38[deg]35'01'' N, longitude 076[deg]04'29'' W;
thence west to the shoreline at latitude 38[deg]35'01'' N, longitude
076[deg]04'41.3'' W.
    (4) Spectator area. All navigable waters of the Choptank River,
eastward and outside of Hambrooks Bay breakwall, thence bound by line
that commences at latitude 38[deg]35'28'' N, longitude 076[deg]04'50''
W; thence northeast to latitude 38[deg]35'30'' N, longitude
076[deg]04'47'' W; thence southeast to latitude 38[deg]35'23'' N,
longitude 076[deg]04'29'' W; thence southwest to latitude
38[deg]35'19'' N, longitude 076[deg]04'31'' W; thence northwest to and
terminating at the point of origin.
    (b) Definitions. As used in this section--
    Buffer area is a neutral area that surrounds the perimeter of the
Course Area within the regulated area described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants or high-speed power boats and spectator
vessels or nearby transiting vessels. This area provides separation
between a Course Area and a specified Spectator Area or other vessels
that are operating in the vicinity of the regulated area established by
the special local regulations.
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Course area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
course area within the regulated area defined by this section.
    Event patrol commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means all persons and vessels registered with the event
sponsor as participating in the ``Cambridge Classic Power Boat
Regatta'' powerboat races, or otherwise designated by the event sponsor
as having a function tied to the event.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by this part.
    (c) Special Local Regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area.

When hailed or signaled by an official patrol, a vessel or person in
the regulated area shall immediately comply with the directions given
by the patrol. Failure to do so may result in the Coast Guard expelling
the person or vessel from the area, issuing a citation for failure to
comply, or both. The COTP Maryland-National Capital Region or Event
PATCOM may terminate the event, or a participant's operations at any
time the COTP Maryland-National Capital Region or Event PATCOM believes
it necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing this regulated area, can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter the designated Spectator Area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) Only participant vessels and official patrol vessels are
allowed to enter the buffer area or race area.
    (5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
    (e) Enforcement period. This section will be enforced from 9 a.m.
to 6 p.m. on October 9, 2021, and, from 9 a.m. to 6 p.m. on October 10,
2021.

    Dated: July 28, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-16478 Filed 8-2-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Rules and Regulations]
[Pages 1728-1730]
[FR Doc No: 2012-31589]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0885; Directorate Identifier 2012-NE-18-AD;
Amendment 39-17307; AD 2012-26-12]
RIN 2120-AA64

Airworthiness Directives; Thielert Aircraft Engines GmbH
Reciprocating Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Thielert Aircraft Engines GmbH (TAE) TAE 125-02-99 and TAE 125-02-114
reciprocating engines. This AD requires inspection of the oil filler
plug vent hole at the next scheduled maintenance or within 110 flight
hours after the effective date of this AD. If chips are found to be
blocking the vent hole, additional corrective action is required before
next flight. This AD was prompted by an in-flight shutdown of an
airplane equipped with a TAE 125-02-99 engine. We are issuing this AD
to prevent engine in-flight shutdown or power loss, possibly resulting
in reduced control of the airplane.

DATES: This AD becomes effective February 13, 2013. The Director of the
Federal Register approved the incorporation by reference of certain
publications listed in this AD as of February 13, 2013.

ADDRESSES: The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Frederick Zink, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; email:
<EMAIL_ADDRESS>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 August 31, 2012 (77
FR 53154). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

An engine in-flight shutdown has been reported on an aeroplane
equipped with a TAE 125-02-99 engine. The results of the
investigation showed that this was due to blockage of the gearbox
oil filling plug vent hole, which caused pressurisation in the
gearbox, resulting in oil leakage and a slipping clutch. This
condition, if not corrected, could result in further cases of engine
in-flight shutdown and consequent loss of control of the aeroplane.

Further investigation revealed that the blockage to the oil cap vent
was the result of a residual chip from machining the oil cap vent hole.
The chip is from the manufacturing process and did not fall off the oil
plug. This is not the result of material in the oil system causing the
blockage. You may obtain further information including the affected
gearbox serial number list 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.

Conclusion

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

Costs of Compliance

    We estimate that this AD will affect about 45 engines installed on
airplanes of U.S. registry. We also estimate that it will take about
2.5 hours per product to comply with this proposed AD. The average
labor rate is $85 per hour. Required parts will cost about $30 per
engine. Based on these figures, we estimate the cost of the AD to U.S.
operators to be $10,913.

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 this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (phone:<PHONE_NUMBER>) is provided 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

    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:

2012-26-12 Thielert Aircraft Engines GmbH: Amendment 39-17307;
Docket No. FAA-2012-0885; Directorate Identifier 2012-NE-18-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 13,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Thielert Aircraft Engines (TAE) TAE 125-
02-99 and TAE 125-02-114 reciprocating engines.

(d) Reason

    This AD was prompted by an in-flight shutdown of an airplane
equipped with a TAE 125-02-99 engine. We are issuing this AD to
prevent engine in-flight shutdown or power loss, possibly resulting
in reduced control of the airplane.

(e) Actions and Compliance

    Unless already done, within 110 flight hours after the effective
date of this AD, or at the next scheduled maintenance, whichever
occurs first, do the following.
    (1) Remove the oil filler plug and check for chips blocking the
vent hole in accordance with TAE Service Bulletin (SB) TM TAE 125-
1015 P1, Initial Issue, dated April 27, 2012.
    (2) If chips are found during the inspection in paragraph (e)(1)
of this AD, disassemble the gearbox and check the radial shaft
sealing rings (at the clutch and the propeller shaft) for leakage.
If leakage is noted, replace the gearbox before the next flight.

(f) Installation Prohibition

    After the effective date of this AD, do not install a gearbox
with a S/N listed in TAE SB TM TAE 125-1015 P1, Initial Issue, dated
April 27, 2012, into any engine unless the oil filler plug has
passed the inspection required by paragraph (e)(1) of this AD.

(g) Alternative Methods of Compliance (AMOCs)

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

(h) Related Information

    (1) For more information about this AD, contact Frederick Zink,
Aerospace Engineer, Engine Certification Office, FAA, Engine and
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; email<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax
(781) 238-7199.
    (2) Refer to MCAI Airworthiness Directive No. 2012-0112, dated
June 22, 2012, and TAE SB TM TAE 125-1015 P1, Initial Issue, dated
April 27, 2012 for related information.

(i) 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) Thielert Aircraft Engines GmbH (TAE) Service Bulletin TM TAE
125-1015 P1, Initial Issue, dated April 27, 2012.
    (ii) Reserved.
    (3) For TAE service information identified in this AD, contact
Thielert Aircraft Engines GmbH, Platanenstrasse 14 D-09350,
Lichtenstein, Germany, telephone: +49-37204-696-0; fax: +49-37204-
696-2912; email<EMAIL_ADDRESS>    (4) You may view this service information at FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information 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 Burlington, Massachusetts, on December 27, 2012.
Colleen M. D'Alessandro,
Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2012-31589 Filed 1-8-13; 8:45 am]
BILLING CODE 4910-13-P