[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Rules and Regulations]
[Pages 26546-26548]
[FR Doc No: 2019-11991]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0722; Product Identifier 2017-SW-104-AD; Amendment
39-19651; AD 2019-11-05]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Limited
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2015-22-02 for
certain Bell Helicopter Textron Canada Limited (Bell) Model 429
helicopters. AD 2015-22-02 required inspecting the tail rotor (TR)
pitch link assemblies. This AD retains the inspections of AD 2015-22-02
and requires replacing certain pitch link bearings. This AD was
prompted by a new design bearing introduced by Bell. We are issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective July 12, 2019.

ADDRESSES: For service information identified in this final rule,
contact Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir,
Mirabel, Quebec J7J1R4; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(450) 433-0272; or at http://www.bellcustomer.com/files/. You may
review the referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177.

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-2018-
0722; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the Transport Canada AD, the regulatory evaluation,
any comments received, and other information. The address for Docket
Operations is 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: David Hatfield, Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to remove AD 2015-22-02, Amendment 39-18306 (80 FR 65618,
October 27, 2015) (``AD 2015-22-02'') and add a new AD. AD 2015-22-02
applied to Bell Model 429 helicopters with a TR pitch link assembly
part number (P/N) 429-112-101 or 429-112-103 installed.
    The NPRM published in the Federal Register on August 8, 2018 (83 FR
39004). The NPRM was prompted by a new design bearing introduced by
Bell. The NPRM proposed to continue to require the inspections of AD
2015-22-02. The NPRM also proposed to require replacing certain pitch
link bearings. We are issuing this AD to address a worn pitch link.
This condition, if not corrected, could result in pitch link failure
and subsequent loss of control of the helicopter.
    Transport Canada, which is the aviation authority for Canada,
issued Canadian AD No. CF-2015-16R2, dated April 3, 2017 (Transport
Canada AD No. CF-2015-16R2), to correct an unsafe condition for certain
Bell Model 429 helicopters. Transport Canada advises that Bell has
reported that the TR pitch link assembly can be rotated during the 50-
hour inspections to extend the serviceability life of the bearings.
Transport Canada AD No. CF-2015-16R2 requires modified inspection
procedures for the spherical bearings and requires replacing the TR
pitch link bearings (or the TR pitch link assembly) with spherical
bearings manufactured after January 12, 2015. Transport Canada AD No.
CF-2015-16R2 also requires re-identifying TR pitch link assemblies with
a different part number after installing the new bearings.

Comments

    We gave the public the opportunity to participate in developing
this final rule, but we did not receive any comments on the NPRM.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Canada and

are approved for operation in the United States. Pursuant to our
bilateral agreement with Canada, Transport Canada, its technical
representative, has notified us of the unsafe condition described in
the Transport Canada AD. We are proposing this AD because we evaluated
all information provided by Transport Canada and determined the unsafe
condition exists and is likely to exist or develop on other helicopters
of the same type design and that air safety and the public interest
require adopting the AD requirements as proposed except for a minor
editorial change. We have updated the estimated costs to reflect that
this AD affects 90 helicopters of U.S. Registry rather than 85
helicopters. This change is consistent with the intent of the proposals
in the NPRM and will not increase the economic burden on any operator
nor increase the scope of this AD.

Related Service Information

    We reviewed Bell Alert Service Bulletin No. 429-15-16, Revision B,
dated June 15, 2016. This service information contains procedures for
repetitively inspecting the TR pitch link assembly until it is upgraded
by replacing the TR pitch link bearings.

Differences Between This AD and the Transport Canada AD

    The Transport Canada AD requires the bearing inspection within 10
hours time-in-service (TIS) or before exceeding 60 hours TIS since new,
whichever occurs later. This AD requires the bearing inspection within
50 hours TIS. The Transport Canada AD also requires replacing certain
bearings within 200 hours TIS after the initial bearing inspection or
within 250 hours TIS since new, whichever occurs first. This AD
requires replacing the bearing within 200 hours of the initial
inspection or at the next 50 hours TIS inspection if the hours TIS of a
pitch link assembly exceed 250 hours TIS or are unknown.

Interim Action

    We consider this AD to be an interim action. If final action is
later identified, we might consider further rulemaking then.

Costs of Compliance

    We estimate that this AD affects 90 helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to
comply with this AD.
    At an average labor rate of $85 per hour, inspecting the TR pitch
link assemblies requires 2 work-hours for a cost of $170 per helicopter
and $15,300 for the U.S. fleet per inspection cycle. Replacing both
spherical bearings in each TR pitch link assembly requires 3 work-
hours, and required parts cost $3,088, for a cost of $3,343 per
helicopter and $300,870 for the U.S. fleet.
    According to Bell's service information some of the costs of this
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage by Bell.
Accordingly, we have included all costs in our cost estimate.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2015-22-02, Amendment 39-18306 (80 FR 65618, October 27, 2015), and
adding the following new AD:

2019-11-05 Bell Helicopter Textron Canada Limited: Amendment 39-
19651; Docket No. FAA-2018-0722; Product Identifier 2017-SW-104-AD.

(a) Applicability

    This AD applies to Bell Helicopter Textron Canada Limited Model
429 helicopters, certificated in any category, with a pitch link
assembly part number (P/N) 429-012-112-101, 429-012-112-103, 429-
012-112-101FM, or 429-012-112-103FM installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as a worn pitch link. This
condition, if not corrected, could result in pitch link failure and
subsequent loss of control of the helicopter.

(c) Affected ADs

    This AD replaces AD 2015-22-02, Amendment 39-18306 (80 FR 65618,
October 27, 2015).

(d) Effective Date

    This AD is effective July 12, 2019.

(e) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(f) Required Actions

    (1) Within 50 hours time-in-service (TIS) and thereafter at
intervals not to exceed 50 hours TIS:
    (i) Perform a dimensional inspection of each inboard and
outboard pitch link assembly for axial and radial bearing play. With
a 10X or higher power magnifying glass, inspect the bearing liner
for a crack, deterioration of the liner, and extrusion of the liner
from the plane. If there is axial or radial play that exceeds
allowable limits, or if there is a crack, deterioration of the
liner, or extrusion of the liner, before further flight, replace the
bearing.
    (ii) Inspect the pitch link assembly sealant for pin holes and
voids and to determine if the sealant thickness is 0.025 inch (0.64
mm) or less, extends over the roll staked lip by 0.030 inch (0.76
mm) or more, and is clear of the bearing ball. If there is a pin
hole or

void, or if the sealant exceeds 0.026 inch (0.66 mm), does not
extend over the roll staked lip by 0.030 inch (0.76 mm) or more, or
is not clear of the bearing ball, before further flight, replace the
bearing.
    (2) For pitch link assembly part number (P/N) 429-012-112-101,
429-012-112-103, 429-012-112-101FM, and 429-012-112-103FM, within
200 hours TIS following the initial inspection required by paragraph
(f)(1) of this AD, or if the hours TIS of a pitch link assembly
exceed 250 hours TIS or are unknown, at the next 50-hour-TIS
inspection required by paragraph (f)(1) of this AD:
    (i) Replace each bearing P/N 429-312-107-103 with a date of
manufacture before January 13, 2015, with a bearing P/N 429-312-107-
103 that was manufactured on or after January 13, 2015.
    (ii) Using a white permanent fine point marker or equivalent,
re-identify the pitch link assembly:
    (A) Re-identify P/N 429-012-112-101 and 429-012-112-101FM as
429-012-112-111FM.
    (B) Re-identify P/N 429-012-112-103 and 429-012-112-103FM as
429-012-112-113FM.
    (iii) Apply a coating of DEVCON 2-TON (C-298) or equivalent over
the new P/N.

(g) Special Flight Permits

    Special flight permits are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
David Hatfield, Aviation Safety Engineer, Safety Management Section,
Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(i) Additional Information

    (1) Bell Alert Service Bulletin No. 429-15-16, Revision B, dated
June 15, 2016, which is not incorporated by reference, contains
additional information about the subject of this AD. For service
information identified in this AD, contact Bell Helicopter Textron
Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or
at http://www.bellcustomer.com/files/. You may review a copy of the
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177.
    (2) The subject of this AD is addressed in Transport Canada AD
No. CF-2015-16R2, dated April 3, 2017. You may view the Transport
Canada AD on the internet at http://www.regulations.gov in Docket
No. FAA-2018-0722.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6720 Tail Rotor
Control System.

    Issued in Fort Worth, Texas, on May 31, 2019.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2019-11991 Filed 6-6-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 12, 2010 (Volume 75, Number 7)]
[Rules and Regulations]
[Page 1543-1546]
[DOCID:fr12ja10-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[Docket: EPA-R02-OAR-2009-0508; FRL-9091-4]

Approval and Promulgation of Implementation Plans; Puerto Rico;
Guaynabo PM10 Limited Maintenance Plan and Redesignation
Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the Limited Maintenance Plan for the
Municipality of Guaynabo nonattainment area in Puerto Rico and the
request by the Commonwealth of Puerto Rico to redesignate the area from
nonattainment to attainment for the National Ambient Air Quality
Standards for particulate matter with an aerodynamic diameter less than
or equal to a nominal 10 micrometers (PM10). On March 31,
2009,

the Commonwealth of Puerto Rico submitted a Limited Maintenance Plan
for the Guaynabo nonattainment area for approval and concurrently
requested that EPA redesignate the Guaynabo nonattainment area to
attainment for PM10.

DATES: Effective Date: This rule is effective on February 11, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2009-0508. All documents in the docket are listed on
the www.regulations.gov web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 25th Floor,
New York, New York 10007-1866. This Docket Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
Docket telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kirk Wieber at telephone number: (212)
637-3381, e-mail address<EMAIL_ADDRESS>fax number: (212) 637-
3901, or the above EPA Region 2 address.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Background for EPA's Action?
III. What Comments Were Received?
IV. What Are the Requirements for Redesignation?
    A. Clean Air Act Requirements for Redesignation of Nonattainment
Areas
    B. The Limited Maintenance Plan (LMP) Option for PM10
Nonattainment Areas
    C. Conformity Under the Limited Maintenance Plan Option
V. What Are EPA's Conclusions?
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    The Environmental Protection Agency (EPA) is approving the Limited
Maintenance Plan (LMP) for the Municipality of Guaynabo nonattainment
area (Guaynabo NAA). EPA is concurrently redesignating the Guaynabo NAA
to attainment for the National Ambient Air Quality Standards (NAAQS)
for particulate matter with an aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM10).
    For additional details on EPA's analysis and findings, the reader
is referred to the proposal published in the September 2, 2009 Federal
Register (74 FR 45387) and a more detailed discussion is contained in
the Technical Support Document which is available on line at
www.regulations.gov, Docket number EPA-R02-OAR-2009-0508.

II. What Is the Background for EPA's Action?

    As required by the Clean Air Act (Act), in 1987 the EPA revised the
particulate matter NAAQS from total suspended particles to
PM10. The standard was changed to better protect public
health and the environment.
    The Act, as amended in 1990, required that all areas that have
measured a violation of the NAAQS for PM10 before January 1,
1989 be designated nonattainment. On November 15, 1990 by operation of
law, the Municipality of Guaynabo in Puerto Rico was designated
nonattainment for PM10 and classified as moderate based on
violations measured in 1987.
    On November 14, 1993 the Puerto Rico Environmental Quality Board
(PREQB) submitted to EPA a State Implementation Plan (SIP) revision
which consisted of a PM10 SIP for the Municipality of
Guaynabo. The Guaynabo PM10 SIP revision was reviewed and
approved by EPA on May 31, 1995 (60 FR 28333) and became effective on
June 30, 1995.
    After completing the appropriate public notice and comment
procedures, on March 31, 2009, the PREQB submitted to EPA a ``Limited
Maintenance Plan 24 Hour Particulate Matter (PM10) National
Ambient Air Quality Standards and Redesignation Request for the
Municipality of Guaynabo Moderate Nonattainment Area State
Implementation Plan Revision.'' On September 2, 2009 (74 FR 45387), EPA
proposed to approve the LMP for the Municipality of Guaynabo and the
request by the Commonwealth of Puerto Rico to redesignate the area from
nonattainment to attainment for PM10.

III. What Comments Were Received?

    No comments were received in response to the September 2, 2009
proposal.

IV. What Are the Requirements for Redesignation?

A. Clean Air Act Requirements for Redesignation of Nonattainment Areas

    Nonattainment areas can be redesignated to attainment after the
area has measured air quality data showing it has attained the NAAQS
and when certain planning requirements are met. Section 107(d)(3)(E) of
the Act, and the General Preamble for the implementation of Title I of
the Act (General Preamble) provide the criteria for redesignation. See
57 FR 13498 (April 16, 1992). These criteria are further clarified in a
policy and guidance memorandum from John Calcagni, Director, Air
Quality Management Division, EPA Office of Air Quality Planning and
Standards dated September 4, 1992, ``Procedures for Processing Requests
to Redesignate Areas to Attainment''. The criteria for redesignation
are: (1) The Administrator has determined that the area has attained
the applicable NAAQS; (2) the Administrator has fully approved the
applicable SIP for the area under section 110(k) of the Act; (3) the
state containing the area has met all requirements applicable to the
area under section 110 and part D of the Act; (4) the Administrator has
determined that the improvement in air quality is due to permanent and
enforceable reductions in emissions; and (5) the Administrator has
fully approved a maintenance plan for the area as meeting the
requirements of section 175A of the Act.

B. The Limited Maintenance Plan (LMP) Option for PM10 Nonattainment
Areas

    On August 9, 2001, EPA issued guidance on streamlined maintenance
plan provisions for certain moderate PM10 nonattainment
areas seeking redesignation to attainment (Memo from Lydia Wegman,
Director, Air Quality Standards and Strategies Division, entitled
``Limited Maintenance Plan Option for Moderate PM10
Nonattainment Areas,'') referred to as the LMP option memo. The LMP
option memo contains a statistical demonstration that areas meeting
certain air quality criteria will, with a high degree of probability,
maintain the standard 10 years into the future. It follows that future
year emission inventories for these areas, and some of the standard
analyses to determine transportation conformity with the SIP, are no
longer necessary. To qualify for the LMP option: (1) The area should
have attained the PM10 NAAQS; (2) the average annual
PM10 design value for the area, based upon the most recent 5
years of air quality data at all monitors in the area, should be at or
below 40 micrograms per cubic meter ([mu]g/m\3\); and (3) the 24 hour
design value should be at or below 98 [mu]g/m\3\. If an area cannot
meet this test, it may still be able to qualify for the LMP option if
the average design value for the site is less

than the site-specific critical design values. In addition, the area
should expect only limited growth in on-road motor vehicle
PM10 emissions (including fugitive dust) and should have
passed a motor vehicle regional emissions analysis test. The LMP option
memo also identifies core provisions that must be included in the LMP.
These provisions include an attainment year emissions inventory,
assurance of continued operation of an EPA-approved air quality
monitoring network, and contingency provisions.

C. Conformity Under the Limited Maintenance Plan Option

    The transportation conformity rule and the general conformity rule
(40 CFR part 93; also see 40 CFR part 51) apply to nonattainment areas
and maintenance areas covered by an approved maintenance plan. Under
either conformity rule, an acceptable method of demonstrating that a
federal action conforms to the applicable SIP is to demonstrate that
expected emissions from the planned action are consistent with the
emissions budget for the area. While EPA's LMP option does not exempt
an area from the need to affirm conformity, it explains that the area
may demonstrate conformity without submitting an emissions budget.
Under the LMP option, emissions budgets are treated as essentially not
constraining for the length of the maintenance period because it is
unreasonable to expect that the qualifying areas would experience so
much growth in that period that a violation of the PM10
NAAQS would result. For transportation conformity purposes, EPA would
conclude that emissions in these areas need not be capped for the
maintenance period and therefore a regional emissions analysis would
not be required. Similarly, Federal actions subject to the general
conformity rule could be considered to satisfy the ``budget test''
specified in 40 CFR 93.158(a)(5)(i)(A) as these budgets also are
essentially considered to be unlimited.

V. What Are EPA's Conclusions?

    EPA has determined that the PM10 Limited Maintenance
Plan submitted by the PREQB on March 31, 2009 for the Municipality of
Guaynabo meets all Clean Air Act provisions and EPA policy and
guidance, including the criteria outlined in EPA's LMP option memo.
Therefore, EPA is approving the PM10 Limited Maintenance
Plan for the Municipality of Guaynabo and all of its components as they
were submitted by PREQB on March 31, 2009. Specifically, EPA is
approving the 2002 PM10 attainment emissions inventory,
attainment plan, maintenance demonstration, contingency measures,
monitoring network, transportation conformity analysis and revisions to
Rules 102 and 423 of the Puerto Rico Regulation for the Control of
Atmospheric Pollution.
    EPA is also approving the redesignation request for the
Municipality of Guaynabo submitted by the PREQB on March 31, 2009 based
on EPA's determination that the supporting documentation for
redesignation satisfies all Clean Air Act requirements and EPA's policy
and guidance, including the criteria outlined in EPA's redesignation
guidance memorandum.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 15, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: November 20, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart BBB--Puerto Rico

0
2. Section 52.2720 is amended by adding new paragraph (c)(37) to read
as follows:

Sec.  52.2720  Identification of plan.

* * * * *
    (c) * * *
    (37) On March 31, 2009, the Puerto Rico Environmental Quality Board
submitted a Particulate Matter (PM10) Limited Maintenance
Plan and requested the redesignation of the Municipality of Guaynabo
PM10 Nonattainment area to attainment for PM10.
EPA approves Puerto Rico's Limited Maintenance Plan including the 2002
PM10 attainment emissions inventory, attainment plan,
maintenance demonstration, contingency measures, monitoring network,
transportation conformity analysis and revisions to Rules 102 and 423
of the Puerto Rico Regulation for the Control of Atmospheric Pollution.
On July 15, 2009, the Puerto Rico Environmental Quality Board submitted
the official copy of the adopted revisions to Rules 102 and 423.
    (i) Limited Maintenance Plan 24-Hour PM10 National
Ambient Air Quality Standards (NAAQS) for the Municipality of Guaynabo
Moderate Nonattainment Area which includes amendments to Rules 102 and
423 of the Regulation for the Control of Atmospheric Pollution,
approved by the Puerto Rico Environmental Quality Board March 5, 2009;
filed with the Secretary of State April 28, 2009; effective May 28,
2009.
    (A) Rule 102 Definitions, Guaynabo PM10 Maintenance
Area; filed with the Secretary of State April 28, 2009; effective May
28, 2009.
    (B) Rule 423 Limitations for the Guaynabo PM10
Maintenance Area; filed with the Secretary of State April 28, 2009;
effective May 28, 2009.

0
3. Section 52.2723, the table is amended by revising the entries for
Rule 102 and Rule 423 to read as follows:

Sec.  52.2723  EPA-approved Puerto Rico regulations.

                               Regulation for the Control of Atmospheric Pollution
----------------------------------------------------------------------------------------------------------------
                                              Commonwealth
          Puerto Rico regulations            effective date           EPA approval date              Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Rule 102, Definitions......................         5/28/09  1/12/10, [Insert FR page citation].  ..............

                                                  * * * * * * *
Rule 423, Limitations for the Guaynabo PM10         5/28/09  1/12/10, [insert FR page citation].  ..............
 Maintenance Area.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
4. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
5. In Sec.  81.355, the table entitled ``Puerto Rico--PM-10'' is
amended by removing the entry for ``Guaynabo County'' and adding in its
place the entry ``Municipality of Guaynabo'' to read as follows:

Sec.  81.355  Puerto Rico.

* * * * *

                                                Puerto Rico--PM10
----------------------------------------------------------------------------------------------------------------
                                                       Designation                        Classification
            Designated area            -------------------------------------------------------------------------
                                             Date                 Type                 Date            Type
----------------------------------------------------------------------------------------------------------------
Municipality of Guaynabo..............         1/12/10  Attainment.               ..............  ..............

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-258 Filed 1-11-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Page 60391]
[FR Doc No: 2022-21636]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-63-000]

ANR Pipeline Company; Notice of Availability of the Environmental
Assessment for the Proposed Winfield Storage Field Abandonment Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Winfield Storage Field Abandonment Project (Project), proposed by ANR
Pipeline Company (ANR) in the above-referenced docket. ANR requests
authorization to abandon certain natural gas pipeline facilities in
Montcalm County, Michigan.
    The EA assesses the potential environmental effects of the Project
abandonment activities in accordance with the requirements of the
National Environmental Policy Act. The FERC staff concludes that
approval of the proposed Project, with appropriate mitigating measures,
would not constitute a major federal action significantly affecting the
quality of the human environment.
    The proposed Project includes the following activities and
facilities:
     permanently plugging 72 natural gas injection/withdrawal
wells;
     abandoning 15 miles of associated 4-inch, 6-inch, and 10-
inch-diameter well lines in the storage field;
     abandoning 4.43 miles of the 16-inch-diameter Winfield
Interconnect Storage Lateral (Lateral 249);
     abandoning by removal the Winfield Compressor Station,
including all belowground and aboveground structures; and
     abandoning by removal all above-ground appurtenances and
abandoning in-place all below ground appurtenances in the storage
field.
    The Commission mailed a copy of the Notice of Availability of the
Environmental Assessment to federal, state, and local government
representatives and agencies; elected officials; environmental and
public interest groups; Native American tribes; potentially affected
landowners and other interested individuals and groups; and newspapers
and libraries in the Project area. The EA is only available in
electronic format. It may be viewed and downloaded from the FERC's
website (www.ferc.gov), on the natural gas environmental documents page
(https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In addition, the EA may be accessed by using
the eLibrary link on the FERC's website. Click on the eLibrary link
(https://elibrary.ferc.gov/eLibrary/search), select ``General Search''
and enter the docket number in the ``Docket Number'' field (i.e., CP22-
63-000). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    The EA is not a decision document. It presents Commission staff's
independent analysis of the environmental issues for the Commission to
consider when addressing the merits of all issues in this proceeding.
Any person wishing to comment on the EA may do so. Your comments should
focus on the EA's disclosure and discussion of potential environmental
effects, reasonable alternatives, and measures to avoid or lessen
environmental impacts. The more specific your comments, the more useful
they will be. To ensure that the Commission has the opportunity to
consider your comments prior to making its decision on this Project, it
is important that we receive your comments in Washington, DC on or
before 5:00 p.m. Eastern Time on October 31, 2022.
    For your convenience, there are three methods you can use to file
your comments with the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. This is an easy method for submitting brief, text-only
comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature also on the Commission's website (www.ferc.gov) under
the link to FERC Online. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the Project docket number (CP22-
63-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Filing environmental comments will not give you intervenor status,
but you do not need intervenor status to have your comments considered.
Only intervenors have the right to seek rehearing or judicial review of
the Commission's decision. At this point in this proceeding, the
timeframe for filing timely intervention requests has expired. Any
person seeking to become a party to the proceeding must file a motion
to intervene out-of-time pursuant to Rule 214(b)(3) and (d) of the
Commission's Rules of Practice and Procedures (18 CFR 385.214(b)(3) and
(d)) and show good cause why the time limitation should be waived.
Motions to intervene are more fully described at https://www.ferc.gov/how-intervene.
    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/ferc-online/overview to
register for eSubscription.

    Dated: September 29, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-21636 Filed 10-4-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Notices]
[Pages 49511-49513]
[FR Doc No: 2014-19876]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0523; FRL 9915-42-OECA]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Air Stationary Source Compliance and Enforcement
Information Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit a request to renew an
existing approved Information Collection Request (ICR) to the Office of
Management and Budget (OMB). This ICR is scheduled to expire on Jan 31,
2015. Before submitting the ICR to OMB for review and approval, EPA is
soliciting comments on specific aspects of the proposed information
collection as described below.

DATES: Comments must be submitted on or before October 20, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-

OECA-2014-0523, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, [Enter Name of Docket Here], Mail Code 28221T, 1200
Pennsylvania Avenue NW., Washington, DC 20460 Hand Delivery: EPA Docket
Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2014-0523. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters and any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: David A. Meredith, Enforcement
Targeting and Data Division, Office of Compliance, (2222A),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OECA-2014-0523, which is available for online viewing at
www.regulations.gov, or in person viewing at the Enforcement and
Compliance Docket and Information Center (ECDIC) in the EPA Docket
Center (EPA/DC), EPA WJC-West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The EPA/DC Public Reading Room is open from 8 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the ECDIC is<PHONE_NUMBER>.
    Use www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action are
State, Local, Territorial, Indian Nations, and Commonwealth
governments.
    Title: Air Stationary Source Compliance and Enforcement Information
Reporting.
    ICR numbers: EPA ICR No. 0107.011, OMB Control No. 2060-0096.
    ICR status: This ICR is currently scheduled to expire on Jan. 31,
2015. 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. The OMB control numbers for EPA
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, and are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Air Stationary Source Compliance and Enforcement
Information Reporting is an activity whereby State, Local, Native
American, Territorial, and Commonwealth governments (hereafter referred
to as either ``states/locals'' or ``state and local agencies'') make
air stationary source compliance and enforcement information available
to the U.S.

Environmental Protection Agency (EPA or the Agency) on a cyclic basis
via input to the Air Facility System (AFS), until mid October 2014, and
via input to the modernized AFS--the Air component of the Integrated
Compliance Information System (ICIS-Air), from late October 2014
forward. The Agency, with support from state and local agencies, is
nearing completion of the modernization of AFS into ICIS-Air. The
planned date of the implementation of ICIS-Air is October 27, 2014.
    ICIS-Air supports EPA and state and local agency efforts to ensure
compliance with the nation's environmental laws pertaining to air, via
the collection and management of important Clean Air Act (CAA or the
``Act'') compliance and enforcement information. The information to be
provided to EPA via ICIS-Air includes source characterization,
compliance monitoring, and enforcement activities. EPA will use this
information to assess progress toward meeting emission requirements
developed under the authority of the CAA, and to protect and maintain
air quality, public health, and the environment. Agencies receive
delegation of the CAA through regulated grant authorities, and report
compliance/enforcement activities undertaken at stationary sources
pursuant to the Minimum Data Requirements (MDRs) as outlined in this
ICR. The provisions of Section 114(a)(1) of the Clean Air Act, 42
U.S.C. Section 7414(a)(1) provide the broad authority for the reporting
of compliance monitoring and enforcement information, along with
Subpart Q-Reports in 40 CFR 51: Sections 51.324(a) and (b), and 51.327.
This renewal requires the continuation of reporting of previously
established MDRs via a new information system solution--ICIS-Air
instead of AFS. Since AFS will be replaced by ICIS-Air prior to the
official renewal of this ICR, we are including in the Supporting
Statement a crosswalk between the MDRs expressed as the current AFS
data elements and as the new ICIS-Air data elements.

Are there changes in the estimates from the last approval?

    The current EPA database for which these data are reported (i.e.,
AFS) will not exist at the time of this ICR renewal; therefore, EPA
will not perform a new burden estimate based on reporting to AFS. Since
the new, replacement system, ICIS-Air, is not yet implemented in a
production environment, we cannot use the new system to develop a new
burden estimate for future reporting to ICIS-Air at the current time.
EPA will estimate burden in the Federal Register notice with the ICR to
the best of its ability and will take comment on those estimates.
    While transition to the new ICIS-Air system will require some
investment at the federal, state and local levels, EPA believes that by
providing a modern and more capable information system, states and
locals as a group will experience a significant overall reduction in
reporting burden. This will occur for states/locals that are direct
users, as well as for those using electronic data transfer (EDT) to
report MDRs to ICIS-Air. In addition to the anticipated burden
reduction associated with completion of AFS modernization to ICIS-Air,
EPA is nearing completion of two major policy revisions--the High
Priority Violations (HPV) and Federally Reportable Violations (FRV)
policies--that will result in a narrowing of the scope of CAA
enforcement and compliance reporting as compared to the previous ICR
renewal cycle. These policy revisions will result in additional burden
reduction for state and local agencies.
    EPA does anticipate that operational and maintenance costs
associated with state and local agency reporting will increase modestly
due to inflationary pressures (e.g., increased hourly resource costs
for management, professional, and related occupational groups). The
labor rates used in the ICR estimates will be taken from the Department
of Labor Employment Compensation and Costs (ECEC) Web site. These
changes will be reflected in the final supporting statement for this
ICR.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will be submitted by EPA to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB, and a
second opportunity to submit additional comments to OMB. If you have
any questions about this ICR, or the approval process, please contact
the technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: August 15, 2014.
Betsy Smidinger,
Acting Director, Office of Compliance, Office of Enforcement and
Compliance Assurance.
[FR Doc. 2014-19876 Filed 8-20-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29799-29802]
[FR Doc No: 2019-13501]

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

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0244]
RIN 165-AA08

Special Local Regulations; Marine Events in the Coast Guard
Sector Long Island Sound Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two temporary special local
regulations in Coast Guard Sector Long Island Sound Captain of the Port
Zone. This temporary final rule is necessary to protect event
participants from vessel traffic hazards associated with these events.
One regulation prohibits the entry of vessels or persons into a ``no
entry zone'' and requires vessels transiting through the ``no wake
zone'' to travel at no wake speed or 6 knots, whichever is slower. The
second regulation requires vessels transiting through the regulated
area travel at no wake speed or 6 knots, whichever is slower, and
maintain a minimum distance of 100 feet from the swimmers in the
regulated area.

DATES: This rule is effective without actual notice from June 25, 2019
through 10 a.m. July 14, 2019. For the purposes of enforcement, actual
notice will be used from 8:30 p.m. June 22, 2019 through June 25, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0244 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Chief Petty Officer Katherine Linnick, Prevention Department,
Coast Guard Sector Long Island Sound, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983

II. Background Information and Regulatory History

    The Dolan Family Fourth Fireworks is a recurring marine event that
takes place in Oyster Bay Harbor, NY. A permanent special local
regulation is established and cited in 33 CFR 100.100 in Table at 7.2.
This rule established a special local regulation on the navigable
waters of the Oyster Bay, NY for vessel management in the vicinity of
the fireworks display, including a ``No Entry Area'' within a 1000 foot
radius of the fireworks launch platform in Oyster Bay, NY and a
separate ``Slow/No Wake Area.'' This temporary final rule is necessary
due to a new event date.
    The Mystic Sharkfest Swim is a recurring marine event that occurred
most recently in 2018. On July 6, 2018 the COTP Long Island Sound
established a special local regulation when he issued a temporary rule
entitled, ``Special Local Regulation; Mystic Sharkfest Swim, Mystic
River; Mystic, CT'' which was published in a quarterly notice (3rd
Quarter 2018) of expired temporary rules. This rule can be viewed by
entering USCG-2018-0620 in the ``SEARCH'' box and clicking ``SEARCH.''
at http://www.regulations.gov. This rule established a temporary
special local regulation on the navigable waters of the Mystic River
off Mystic, CT for vessel management in the vicinity of the Mystic
Sharkfest Swim with the same locations and restrictions on access as

this 2019 temporary special local regulation. The 2018 Mystic Sharkfest
Swim occurred without incident. It also occurred in 2015 and 2016
without incident.
    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 NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. The Coast Guard was not provided enough notice regarding the
change in date of the Dolan Family Fourth Fireworks and the occurrence
of the Mystic Sharkfest Swim events by the event sponsors to allow for
publishing a NPRM, taking public comments, and issuing a final rule
before the events take place. The potential safety hazards associated
with these events and the large numbers of spectators, participants,
and vessels require immediate action to ensure the safety of the event
and the public. It is impracticable to publish an NPRM because we must
establish the special local regulation by June 22, 2019. Thus, waiting
for a comment period to run is also contrary to the public interest as
it would inhibit the Coast Guard's mission to keep the ports and
waterways safe, protect the public from the hazards associated with
these events, and minimize the impact on vessel traffic on the
navigable waterway.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register. Delaying the effective date of this rule would be
impracticable because the special local regulation must be established
by June 22, 2019 for the events.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary rule under authority in
33 U.S.C. 1233. The COTP Long Island Sound has determined that
potential hazards associated with these events will be a safety
concerns if vessels get within 1000 feet of the fireworks launch
platform, create a wake in the vicinity of the fireworks or swimmers,
or get within 100 feet of the swimmers. The special local regulation
established by this rule is necessary to provide for the safety of life
on navigable waterways before, during, and after these scheduled
events.

IV. Discussion of the Rule

    The Dolan Family Fourth Fireworks rule establishes a special local
regulation on the navigable waters of Oyster Bay Harbor in Long Island
Sound off Oyster Bay, NY in the vicinity of the fireworks launch on
June 22, 2019 from 8:30 p.m. to 10:30 p.m. This special local
regulation includes two measures to reduce the risks to waterway users
and event participants during the fireworks display. The first measure
prohibits entry of vessels and persons within a 1000 foot radius of the
launch platform in approximate position 41[deg]53'42.50'' N;
073[deg]30'04.30'' W. (NAD 83). The second measure will restrict vessel
speeds within the regulated area to a no wake speed, or 6 knots,
whichever is slower during the event. Based on the hazards associated
with launching fireworks on a navigable waterway where vessels transit,
the COTP Long Island Sound has determined the fireworks event poses a
significant risk to public safety. The duration of the special local
regulation is intended to protect persons, vessels, and the marine
environment.
    The Mystic Sharkfest rule establishes a special local regulation on
the navigable waters of Mystic River in the vicinity of Mystic,
Connecticut, for the management of vessels in the vicinity of the
Mystic Sharkfest Swim. The Mystic Sharkfest Swim is a 1,500 meter swim
from Mystic Seaport, down the Mystic River, under the Bascule
drawbridge to finish at the boat launch ramp at the north end of
Seaport Marine. The Mystic Sharkfest Swim is scheduled to start at 8:00
a.m. on July 14, 2019.
    This special local regulation includes two measures to reduce the
risks to waterway users and event participants during the Mystic
Sharkfest Swim. The first measure will restrict vessel speeds within
the regulated area to a no wake speed, or 6 knots, whichever is slower
from 8:00 a.m. to 10:00 a.m. on the day of the event. The second
measure prohibits vessels from coming within 100 feet of swimmers
participating in the event from 8:30 a.m. to 9:30 a.m. on the day of
the event. Based on the hazards associated with persons swimming on a
navigable waterway where vessels transit, the COTP Long Island Sound
has determined the swim event poses a significant risk to public
safety. The duration of the special local regulation is intended to
protect persons, vessels, and the marine environment.
    The Coast Guard will notify the public and local mariners of the
special local regulation through appropriate means, which may include,
but are not limited to, publication in the Federal Register, the Local
Notice to Mariners, and Broadcast Notice to Mariners.

V. 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 and we discuss First
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on: (1) The
enforcement of this regulation will be short in duration and each
special local regulation will last only two hours; (2) persons or
vessels desiring to enter the regulated area may do so with permission
from the COTP LIS or a designated representative; (3) the regulated
area is designed to limit impacts on vessel traffic, permitting vessels
to navigate in other portions of the waterway; and (4) the Coast Guard
will notify the public of the enforcement of this rule via appropriate
means, such as via Local Notice to Mariners and Broadcast Notice to
Mariners to increase public awareness of this special local regulation.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C.

605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit this
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    These rules will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is 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 two special local regulations
lasting only 2 hours that will control vessel traffic in Oyster Bay, NY
and and thus this rule is categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Memorandum For Record for Categorically
Excluded Actions that do not require a REC will be available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
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.T01-0244 to read as follows:

Sec.  100.T01-0244  Special Local Regulation; Dolan Family Fourth
Fireworks, Oyster Bay Harbor, Oyster Bay, NY.

    (a) Location. The following areas are included with this special
local regulation:
    (1) ``No Entry Area'': All waters of the Oyster Bay Harbor in Long
Island Sound off Oyster Bay, NY within a 1000 foot radius of the launch
platform in approximate position 40[deg]53'42.50'' N;
073[deg]30'04.30'' W (NAD83).
    (2) ``Slow/No Wake Area'': All waters of Oyster Bay Harbor in Long
Island Sound off Oyster Bay, NY contained within the following area;
beginning at a point on land in position at 40[deg]53'12.43'' N,
073[deg]31'13.05'' W near Moses Point; then east across Oyster Bay
Harbor to a point on land in position at 40[deg]53'15.12'' N,
073[deg]30'38.45'' W; then north along the shoreline to a point on land
in position at 40[deg]53'34.43'' N, 073[deg]30'33.42'' W near Cove
Point; then east along the shoreline to a point on land in position at
40[deg]53'41.67'' N, 073[deg]29'40.74'' W near Cooper Bluff; then south
along the shoreline to a point on land in position 40[deg]53'05.09'' N,
073[deg]29'23.32'' W near Eel Creek; then east across Cold Spring
Harbor to a point on land in position 40[deg]53'06.69'' N,
073[deg]28'19.9'' W; then north along the shoreline to a point on land
in position 40[deg]55'24.09'' N, 073[deg]29'49.09'' W near Whitewood
Point; then west across Oyster Bay to a point on land in position
40[deg]55'5.29'' N, 073[deg]31'19.47'' W near Rocky Point; then south
along the shoreline to a point on land in position 40[deg]54'04.11'' N,
073[deg]30'29.18'' W near Plum Point; then northwest along the
shoreline to a point on land in position 40[deg]54'09.06'' N,
073[deg]30'45.71'' W; then southwest along the shoreline to a point on
land in position 40[deg]54'03.2'' N, 073[deg]31'01.29'' W; and then
south along the shoreline back to point of origin (NAD 83). All
positions are approximate.

    (b) Enforcement period. This rule will be enforced from 08:30 p.m.
to 10:30 p.m. on June 22, 2019.
    (c) Definitions. The following definitions apply to this section: A
``designated representative'' is any Coast Guard commissioned, warrant
or petty officer of the U.S. Coast Guard who has been designated by the
Captain of the Port (COTP) Sector Long Island Sound (LIS), to act on
his or her behalf. The designated representative may be on an official
patrol vessel or may be on shore and will communicate with vessels via
VHF-FM radio or loudhailer. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
    ``Official patrol vessels'' may consist of any Coast Guard, Coast
Guard Auxiliary, state, or local law enforcement vessels assigned or
approved by the COTP.
    (d) Special local regulations. (1) In accordance with the general
regulations found in section 33 CFR 100.100, Vessels may not transit
the ``No Entry Area'' without the approval of the COTP or a designated
representative.
    (2) Vessel operators desiring to enter or operate within the ``No
Entry Area'' shall contact the COTP or the designated representative at
203-468-4401 (Sector LIS command center) or via VHF channel 16.
    (3) Any vessel given permission to deviate from these regulations
and transit the ``No Entry Area'' must comply with all directions given
to them by the COTP or a designated representative and must operate at
a no wake speed, or 6 knots, whichever is slower.
    (4) Vessels may only transit the ``Slow/No Wake area'' at a no wake
speed or 6 knots, whichever is slower.
    (5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.

0
3. Add Sec.  100.T01-0245 to read as follows:

Sec.  100.T01-0245   Special Local Regulation; Mystic Sharkfest Swim,
Mystic River, Mystic, CT.

    (a) Location. The following areas are included with this special
local regulation:
    All navigable waters of Mystic River off Mystic, CT contained
within the following area; beginning at a point on land in position at
41[deg]21'41'' N, 071[deg]58'01'' W; then south-west across Mystic
River to a point on land in position at 41[deg]21'36'' N,
071[deg]58'05'' W near Pearl Street then south-east along the shoreline
to a point on land in position at 41[deg]21'31'' N, 071[deg]58'02'' W
near Park Place; then south-west along the shoreline to a point on land
in position at 41[deg]21'27'' N, 071[deg]58'07'' W near Gravel Street;
then south along the shoreline to a point on land in position
41[deg]21'10'' N, 071[deg]58'14'' W; then east across Mystic River to a
point on land in position 41[deg]21'09'' N, 071[deg]58'11'' W; then
north along the shoreline to a point on land in position 41[deg]21'21''
N, 071[deg]58'02'' W, then east along the shoreline to a point on land
in position 41[deg]21'25'' N, 071[deg]57'53'' W near Holmes Street,
then north along the shoreline to a point on land in position
41[deg]21'38'' N, 071[deg]57'53'' W near the Mystic Seaport Museum and
then northwest along the shoreline back to point of origin (NAD 83).
    (a) Enforcement period. This section will be enforced from 8 a.m.
to 10 a.m. on July 14, 2019.
    Definitions. The following definitions apply to this section:
    A ``designated representative'' is any Coast Guard commissioned,
warrant or petty officer of the U.S. Coast Guard who has been
designated by the Captain of the Port (COTP) Sector Long Island Sound
(LIS), to act on his or her behalf. The designated representative may
be on an official patrol vessel or may be on shore and will communicate
with vessels via VHF-FM radio or loudhailer. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.
    ``Official patrol vessels'' may consist of any Coast Guard, Coast
Guard Auxiliary, state, or local law enforcement vessels assigned or
approved by the COTP.
    (d) Special local regulations. (1) In accordance with the general
regulations found in section 33 CFR 100.35, all non-event vessels
transiting through the regulated area during the enforcement period
shall travel at no wake speed or 6 knots, whichever is slower.
Recreational vessels transiting in the regulated area shall not block
or impede the transit of event participants, event safety vessels, or
official patrol vessels and shall follow the directions given by event
safety craft during the event. Commercial vessels will have right-of-
way over event participants and event safety craft.
    (2) All persons transiting through the regulated area shall
maintain a minimum distance of 100 feet from the swimmers in the
regulated area.
    (3) Vessel operators desiring to deviate from these regulations
should contact the COTP or a designated representative at (203) 468-
4401 (Sector Long Island Sound command center) or VHF channel 16 to
obtain permission to do so.
    (4) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel shall proceed
as directed.

    Dated: June 5, 2019.
K.B. Reed,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2019-13501 Filed 6-24-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2335-2336]
[FR Doc No: 2019-01295]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of actions on special permit applications.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before March 8, 2019.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on February 1, 2019.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                                          Special Permits Data--Granted
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
          Application No.                   Applicant        Regulation(s) Affected        permits thereof
----------------------------------------------------------------------------------------------------------------
14857-M............................  WESTERN SALES &         180.209(a), 180.209(b)  To modify the special
                                      TESTING OF AMARILLO                             permit to authorize
                                      INC.                                            additional hazmat,
                                                                                editorial changes to CGA
                                                                                neck thread inspection
                                                                                procedures and edit
                                                                                incorrect link to DOT
                                                                                referenced procedure.
20796-M............................  SODASTREAM USA, INC...  172.400, 172.200,       To modify the special
                                                              172.300.                permit to bring it in line
                                                                                with other Sodastream
                                                                                cylinder permits.
----------------------------------------------------------------------------------------------------------------

                                         Special Permits Data--Withdrawn
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
          Application No.                   Applicant        Regulation(s) Affected        permits thereof
----------------------------------------------------------------------------------------------------------------
20827-N............................  Department of Defense,  173.185(a)............  To authorize the
                                      U.S. Special                                    transportation in commerce
                                      Operations Command.                             of spacecraft containing
                                                                                low production lithium ion
                                                                                batteries via air
                                                                                transportation.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-01295 Filed 2-5-19; 8:45 am]
 BILLING CODE 4909-60-P