[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Notices]
[Pages 22688-22689]
[FR Doc No: 2021-08949]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0073]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Irradiation in the
Production, Processing, and Handling of Food

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that a proposed collection of information has been submitted to the
Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995 (PRA).

DATES: Submit written comments (including recommendations) on the
collection of information by June 1, 2021.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0186. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Irradiation in the Production, Processing, and Handling of Food

OMB Control Number 0910-0186--Extension

    This information collection supports FDA regulations. Specifically,
under sections 201(s) and 409 of the Federal Food, Drug, and Cosmetic
Act (FD&C Act) (21 U.S.C. 321(s) and 348), food irradiation is subject
to regulation under the food additive premarket approval provisions of
the FD&C Act. The regulations providing for uses of irradiation in the
production, processing, and handling of food are found in part 179 (21
CFR part 179). To ensure safe use of a radiation source used to treat
food, Sec.  179.21(b)(1) (21 CFR 179.21(b)(1)) requires that the label
of the radiation sources bear appropriate and accurate information
identifying the source of radiation and the maximum (or minimum and
maximum) energy of the emitted radiation. Section 179.21(b)(2) requires
that the label or accompanying labeling bear adequate directions for
installation and use and a statement supplied by us that indicates
maximum dose of radiation allowed. Section 179.26(c) (21 CFR 179.26(c))
requires that the label or accompanying labeling of foods treated by a
source of radiation bear a logo and a radiation disclosure statement.
    Section 179.25(e) (21 CFR 179.25(e)) requires that food processors
who treat food with radiation make and retain, for 1 year past the
expected shelf life of the products up to a maximum of 3 years,
specified records relating to the irradiation process (e.g., the food
treated, lot identification, scheduled process, etc.). The records
required by Sec.  179.25(e) are used by our inspectors to assess
compliance with the regulation that establishes limits within which
radiation may be safely used to treat food. We cannot ensure safe use
without a method to assess compliance with the dose limits, and there
are no practicable methods for analyzing most foods to determine
whether they have been treated with ionizing radiation and are within
the limitations set forth in part 179. Records inspection is the only
way to determine whether firms are complying with the regulations for
treatment of foods with ionizing radiation.
    Description of Respondents: Respondents to the information
collection are businesses engaged in the irradiation of food.
    In the Federal Register of October 16, 2020 (85 FR 65825), we
published a 60-day notice requesting public comment on the proposed
collection of information. Although three comments were received, none
pertained to the information collection topics solicited in the notice
or suggested a change to our burden estimate.
    We estimate the burden of this collection of information as
follows:

                               Table 1--Estimated Annual Recordkeeping Burden \1\
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                                                     Number of                        Average
         21 CFR section              Number of      records per    Total annual     burden per      Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
179.25(e), large processors.....               4             300           1,200               1           1,200
179.25(e), small processors.....               4              30             120               1             120
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,320
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate. Our estimate of the recordkeeping burden under Sec.
179.25(e) is based on our experience regulating the safe use of
radiation as a direct food additive. The number of firms who process
food using irradiation is extremely limited. We estimate that there are
four irradiation plants whose business is devoted primarily (i.e.,
approximately 100 percent) to irradiation of food and other
agricultural products. Four other firms also irradiate small quantities
of food. We estimate that this irradiation accounts for no more than 10
percent of the business for each of these firms. Therefore, the average
estimated burden is based on four facilities devoting 100 percent of
their business to food irradiation, and four facilities devoting 10
percent of their business to food irradiation.
    No burden has been estimated for the labeling requirements in
Sec. Sec.  179.21(b)(1), 179.21(b)(2), and 179.26(c) because the
disclosures are supplied by FDA. Under 5 CFR 1320.3(c)(2), the public
disclosure of information originally supplied by the Federal Government
to the recipient for the purpose of disclosure to the public is not
subject to review by OMB under the PRA.

    Dated: April 20, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-08949 Filed 4-28-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40102-40104]
[FR Doc No: 2021-15811]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92449; File No. SR-NYSEArca-2021-61]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Reflect an
Amendment to the Application and Exemptive Order Governing Shares of
Active Proxy Portfolio Shares Issued by T. Rowe Price Exchange-Traded
Funds, Inc. Which Are Listed and Traded on the Exchange

July 20, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on July 7, 2021, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to reflect an amendment to the Application
and Exemptive Order governing the following funds, shares of which are
listed and traded on the Exchange under NYSE Arca Rule 8.601-E: T. Rowe
Price Blue Chip Growth ETF, T. Rowe Price Dividend Growth ETF, T. Rowe
Price Growth Stock ETF, T. Rowe Price Equity Income ETF, and T. Rowe
Price U.S. Equity Research ETF. The proposed rule change is available
on the Exchange's website at www.nyse.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange adopted NYSE Arca Rule 8.601-E for the purpose of
permitting the listing and trading, or trading pursuant to unlisted
trading privileges (``UTP''), of Active Proxy Portfolio Shares, which
are securities issued by an actively managed open-end investment
management company.\4\ Commentary .01 to Rule 8.601-E requires the
Exchange to file separate proposals under Section 19(b) of the Act
before listing and trading any series of Active Proxy Portfolio Shares
on the Exchange. Pursuant to this provision, the Exchange submitted
proposals to list and trade shares (``Shares'') of Active Proxy
Portfolio Shares of the following Funds listed and traded on the
Exchange under NYSE Arca Rule 8.601-E: T. Rowe Price Blue Chip Growth
ETF, T. Rowe Price Dividend Growth ETF, T. Rowe Price Growth Stock ETF,
T. Rowe Price Equity Income ETF, and, separately, T. Rowe Price U.S.
Equity Research ETF \5\ (each, a ``Fund'' and, together, the
``Funds''). The Exchange proposes to reflect an amendment to the Prior
Exemptive Order (as defined below) governing the listing and trading of
these Funds filed by, among others, T. Rowe Price Exchange-Traded
Funds, Inc. (the ``Issuer''), as follows.
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    \4\ See Securities Exchange Act Release No. 89185 (June 29,
2020), 85 FR 40328 (July 6, 2020) (SR-NYSEArca-2019-95). Rule 8.601-
E(c)(1) provides that ``[t]he term ``Active Proxy Portfolio Share''
means a security that (a) is issued by an investment company
registered under the Investment Company Act of 1940 (``Investment
Company'') organized as an open-end management investment company
that invests in a portfolio of securities selected by the Investment
Company's investment adviser consistent with the Investment
Company's investment objectives and policies; (b) is issued in a
specified minimum number of shares, or multiples thereof, in return
for a deposit by the purchaser of the Proxy Portfolio and/or cash
with a value equal to the next determined net asset value (``NAV'');
(c) when aggregated in the same specified minimum number of Active
Proxy Portfolio Shares, or multiples thereof, may be redeemed at a
holder's request in return for the Proxy Portfolio and/or cash to
the holder by the issuer with a value equal to the next determined
NAV; and (d) the portfolio holdings for which are disclosed within
at least 60 days following the end of every fiscal quarter.'' Rule
8.601-E(c)(2) provides that ``[t]he term ``Actual Portfolio'' means
the identities and quantities of the securities and other assets
held by the Investment Company that shall form the basis for the
Investment Company's calculation of NAV at the end of the business
day.'' Rule 8.601-E(c)(3) provides that ``[t]he term ``Proxy
Portfolio'' means a specified portfolio of securities, other
financial instruments and/or cash designed to track closely the
daily performance of the Actual Portfolio of a series of Active
Proxy Portfolio Shares as provided in the exemptive relief pursuant
to the Investment Company Act of 1940 applicable to such series.''
    \5\ On June 30, 2020, the Commission approved the proposed rule
change relating to the listing and trading of shares of T. Rowe
Price Blue Chip Growth ETF, T. Rowe Price Dividend Growth ETF, T.
Rowe Price Growth Stock ETF, T. Rowe Price Equity Income ETF. See
Securities Exchange Act Release No. 89191 (June 30, 2020), 85 FR
40358 (July 6, 2020) (SR-NYSEArca-2019-92) (Notice of Filing of
Amendment No. 3 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 3, to List and
Trade Four Series of Active Proxy Portfolio Shares Issued by T. Rowe
Price Exchange-Traded Funds, Inc. Under NYSE Arca Rule 8.601-E)
(``Approval Order'')). The Commission published the notice of filing
and immediate effectiveness relating to the rule change to list and
trade shares of the T. Rowe Price U.S. Equity Research ETF on March
15, 2021. See Securities Exchange Act Release No. 91322 (March 15,
2021), 86 FR 14980 (March 19, 2021) (SR-NYSEArca-2021-17) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Listing and Trading of Shares of the T. Rowe Price U.S. Equity
Research ETF under NYSE Arca Rule 8.601-E (``Notice'')).
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    The Issuer filed a seventh amended application for an order under
Section 6(c) of the 1940 Act for exemptions from various provisions of
the 1940 Act and rules thereunder (the ``Prior Application'').\6\ On
December 10, 2019, the Commission issued an order (the ``Prior
Exemptive Order'') under the 1940 Act granting the exemptions requested
in the Application.\7\
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    \6\ See File No. 812-14214, dated October 16, 2019.
    \7\ See Investment Company Act Release No. 33713, December 10,
2019.
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    Under the Prior Exemptive Order, the Funds are required to publish
a basket of securities and cash that, while different from the Fund's
portfolio, is designed to closely track its daily performance (``Proxy
Portfolio''). The Prior Application stated that each Fund's Proxy
Portfolio will be determined such that at least 80% of its total assets
will overlap with the portfolio weightings of the Fund (the ``Portfolio
Overlap''). As set forth in the Approval Order and in the Notice,
investments made by the T. Rowe Price Blue Chip Growth ETF, T. Rowe
Price Dividend Growth ETF, T. Rowe Price Growth Stock ETF, T. Rowe
Price Equity Income ETF, and T. Rowe Price U.S. Equity Research ETF
will comply with the conditions set forth in the Prior Application and
the Prior Exemptive Order.\8\
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    \8\ See Approval Order, 85 FR at 40360, n. 18; Notice, 86 FR at
14981, n.9.
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    On February 4, 2021, as amended on March 30, 2021, the Issuer
sought to amend the Prior Exemptive Order to permit use of creation
baskets \9\ that

include instruments that are not included, or are included with
different weightings, in the Funds' Proxy Portfolio (the ``Updated
Application'').\10\ In addition, the Updated Application noted that the
Portfolio Overlap may be less than 80%.
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    \9\ As set forth in the Notice, Shares of the Funds are
purchased and redeemed in specified minimum size ``Creation Units''
and generally on an in-kind basis. Except where the purchase or
redemption includes cash under the circumstances specified in the
Notice, purchasers must purchase Creation Units by making an in-kind
deposit of specified instruments (``Deposit Instruments''), and
shareholders redeeming Shares will receive an in-kind transfer of
specified instruments (``Redemption Instruments''). The names and
quantities of the instruments that constitute the Deposit
Instruments and the Redemption Instruments for a Fund are known
collectively as a ``Creation Basket'' and are the same as a Fund's
designated Proxy Portfolio, except to the extent that a Fund
requires purchases and redemptions to be made entirely or in part on
a cash basis, as described below. See Notice, 86 FR at 14980.
    \10\ See File No. 812-15197, dated March 30, 2021.
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    On May 18, 2021, the Commission issued an amended order that, among
other things, permits each Fund's Portfolio Overlap to be less than 80%
(the ``Updated Exemptive Order'').\11\ Accordingly, investments made by
the T. Rowe Price Blue Chip Growth ETF, T. Rowe Price Dividend Growth
ETF, T. Rowe Price Growth Stock ETF, T. Rowe Price Equity Income ETF,
and T. Rowe Price U.S. Equity Research ETF will comply with this
condition of the Updated Application and the Updated Exemptive Order.
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    \11\ See Investment Company Act Release No. 34272, May 18, 2021.
Although the Updated Exemptive Order permits the use of Creation
Baskets that include instruments that are not included, or are
included with different weightings, in a Fund's Proxy Portfolio,
that aspect of the Updated Exemptive Order is not part of this
proposed rule change.
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    Except for the change noted above, all other representations made
in the respective rule filings remain unchanged and will continue to
constitute continuing listing requirements for the Funds. The Funds
will also continue to comply with the requirements of Rule 8.601-E.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\13\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.\14\
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ The Exchange represents that, for initial and continued
listing, the Fund will be in compliance with Rule 10A-3 under the
Act, as provided by NYSE Arca Rule 5.3-E.
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    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest. The proposed revision is intended to reflect the
change in the Updated Application and the Updated Exemptive Order that
permits each of the Funds' Portfolio Overlap to be less than 80%. As
noted, the Approval Order and the Notice reflected that the Funds'
Portfolio Overlap would be at least 80%. The proposed rule change would
permit the Funds to operate consistent with this updated condition in
the Updated Application and the Updated Exemptive Order. Except for the
changes noted above, all other representations made in the respective
rule filings remain unchanged and, as noted, will continue to
constitute continuing listing requirements for the Funds.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. As noted, the purpose of the
filing is to reflect an amendment to the Prior Exemptive Order
governing the listing and trading of these Funds. To the extent that
the proposed rule change would continue to permit listing and trading
of another type of actively-managed ETF that has characteristics
different from existing actively-managed and index ETFs, the Exchange
believes that the proposal would benefit investors by continuing to
promote competition among various ETF products.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \15\ and Rule 19b-
4(f)(6) thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
states that the Funds will continue to comply with the requirements of
Rule 8.601-E and that waiver of the operative delay would allow the
Funds to operate in a manner consistent with the Updated Application
and Updated Exemptive Order. For these reasons, the Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposed rule change operative upon filing.\18\
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    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2021-61 on the subject line.

Paper Comments

     Send paper comments in triplicate to: Secretary,
Securities and Exchange Commission, 100 F Street NE, Washington, DC
20549-1090.

All submissions should refer to File Number SR-NYSEArca-2021-61. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2021-61 and should be submitted
on or before August 16, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15811 Filed 7-23-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Proposed Rules]
[Pages 46677-46679]
[FR Doc No: 2018-19767]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0791; Product Identifier 2018-NM-043-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus SAS Model A350-941 airplanes. This proposed AD was
prompted by a determination that certain holes for the vertical tail
plane (VTP) tension bolts connection are not properly protected against
corrosion. This proposed AD would require modifying the VTP tension
bolts connection by adding sealant and protective treatment to the head
of the connection, at the barrel nut cavities, and in the surrounding
area. We are proposing this AD to address the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by November 13,
2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the incorporation by reference (IBR) material described in the
``Related IBR material under 1 CFR part 51'' section in SUPPLEMENTARY
INFORMATION, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 89990 1000; email [email protected];
internet www.easa.europa.eu. You may find this IBR material on the EASA
website at https://ad.easa.europa.eu. You may view this IBR material at
the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available in the AD docket on the
internet at http://www.regulations.gov.

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-
0791; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0791;
Product Identifier 2018-NM-043-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0045, dated February 15, 2018; corrected February 22, 2018 (``EASA
AD 2018-0045'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 airplanes. The MCAI
states:

    It was identified that the section 19 holes for the Vertical
Tail Plane (VTP) tension bolts connection are not properly protected
against corrosion.
    This condition, if not corrected, could reduce the structural
integrity of the VTP [and could ultimately lead to reduced
controllability of the airplane].
    To address this unsafe condition, Airbus developed production
mod 108307 and mod 110696 to improve protection against corrosion,
and issued the SB [Service Bulletin A350-55-P002] to provide in-
service modification instructions.
    For the reasons described above, this [EASA] AD requires a
modification by adding sealant and protective treatment to the head
of the section 19 VTP tension bolts connection, at the barrel nut
cavities and in the surrounding area.
    This [EASA] AD was corrected to clarify the text of the
``Modification''.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2018-0045, dated February 15, 2018; corrected February 22,
2018, describes procedures for modifying the VTP tension bolts
connection by adding sealant and protective treatment to the head of
the connection, at the barrel nut cavities, and in the surrounding
area. This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section and it is publicly
available through the EASA website.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI referenced
above. We are proposing this AD because we evaluated all pertinent
information and determined an unsafe condition exists and is likely to
exist or develop on other products of the same type design.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA worked with Airbus and EASA to develop a process to
use certain EASA ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. As a result,
EASA AD 2018-0045 will be incorporated by reference in the FAA final
rule. This proposed AD would, therefore, require compliance with the
provisions specified in EASA AD 2018-0045, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information referenced in EASA AD 2018-0045 that is required
for

compliance with EASA AD 2018-0045 will be available at http://www.regulations.gov under Docket No. FAA-2018-0791 after the FAA final
rule is published.

Explanation of ``RC'' (Required for Compliance)

    EASA AD 2018-0045 might refer to service information that contains
procedures or tests that are identified as RC. Those procedures and
tests that are not identified as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an alternative method of
compliance (AMOC), provided the procedures and tests identified as RC
can be done and the airplane can be put back in an airworthy condition.

Explanation of Change to Applicability

    We have revised the applicability of this AD to identify model
designations as published in the most recent type certificate data
sheet for the affected model.

Costs of Compliance

    We estimate that this proposed AD affects 6 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
50 work-hours x $85 per hour = $4,250...........................          $9,200         $13,450         $80,700
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. We do not control warranty coverage for
affected individuals. As a result, 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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
    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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Airbus SAS: Docket No. FAA-2018-0791; Product Identifier 2018-NM-
043-AD.

(a) Comments Due Date

    We must receive comments by November 13, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in the European Aviation
Safety Agency (EASA) Airworthiness Directive 2018-0045, dated
February 15, 2018; corrected February 22, 2018 (``EASA AD 2018-
0045'').

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that the section 19
holes for the vertical tail plane (VTP) tension bolts connection are
not properly protected against corrosion. We are issuing this AD to
address corrosion of the VTP tension bolts connection, which could
reduce the structural integrity of the VTP, and could ultimately
lead to reduced controllability of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified by paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2018-0045.

(h) Exceptions to EASA AD 2018-0045

    (1) For purposes of determining compliance with the requirements
of this AD, where EASA AD 2018-0045 refers to its effective date,
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2018-0045 does not apply.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Any RC procedures and tests
identified in the service information referenced in EASA AD 2018-
0045 must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Related Information

    (1) For information about EASA AD 2018-0045, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email [email protected]; Internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. EASA AD 2018-0045 may be found in the AD docket on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2018-0791.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on August 16, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-19767 Filed 9-13-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Proposed Rules]
[Pages 71781-71783]
[FR Doc No: 2023-22952]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2105; Airspace Docket No. 22-AAL-61]
RIN 2120-AA66

Amendment of Alaskan Very High Frequency Omnidirectional Range
Federal Airway V-506 in the Vicinity of Kodiak, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Alaskan Very High Frequency
Omnidirectional Range Federal airway (VOR) V-506 in the vicinity of
Kodiak, AK. The FAA is taking this action due to the loss of signal
from the Kodiak, AK, VOR and due to the pending decommissioning of the
Hotham, AK, Nondirectional Radio Beacon (NDB).

DATES: Comments must be received on or before December 4, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2105 and
Airspace Docket No. 22-AAL-61 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.

    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Steven Roff, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the airway structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the office of the Western Service Center,
Federal Aviation 2200 South 216th St., Des Moines, WA 98198.

Incorporation by Reference

    Alaskan VOR Federal airways are published in paragraph 6010(b) of
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which
is incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11H, dated August 11, 2023, and effective September 15, 2023.
These updates would be published in the next update to FAA Order JO
7400.11. That order is publicly available as listed in the ADDRESSES
section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

Background

    In 2003, Congress enacted the Vision 100-Century of Aviation
Reauthorization Act (Pub L., 108-176), which established a joint
planning and development office in the FAA to manage the work related
to the Next Generation Air Transportation System (NextGen). Today,
NextGen is an ongoing FAA-led modernization of the nation's air
transportation system to make flying safer, more efficient, and more
predictable.
    In support of NextGen, this proposal is part of an ongoing, large,
and comprehensive T-route modernization project in the state of Alaska.
The project mission statement states: ``To modernize Alaska's Air
Traffic Service route structure using satellite-based navigation
development of new T-routes and optimization of existing T-routes will
enhance safety, increase efficiency and access, and will provide en
route continuity that is not subject to the restrictions associated
with ground-based airway navigation.''
    As part of this initiative, the Hotham NDB is scheduled to be
decommissioned. As a result, the portion of Alaskan V-506 that extends
between the Kotzebue VOR/Distance Measuring Equipment (VOR/DME) and the
Hotham NDB will become unusable. This airspace action proposes to amend
the Alaskan V-506 by revoking the portion of the airway that extends
between the Kotzebue VOR/DME and the Hotham NDB.
    Additionally, the Kodiak VOR/DME is unusable on V-506 within 55
nautical miles of the navigational aid location. A notice to air
missions was issued in 2019 upon a failed flight inspection, stating
that V-506 from the Kodiak VOR/DME to the 55 nautical mile change over
points on the airway are unusable. The disruption of the signal was
first suspected to be caused by tree growth surrounding the VOR site
within the VOR clear zone; however, efforts to restore the signal by
clearing trees in this area have been unsuccessful. Due to the lack of
usable signal and known cause of the signal loss, the FAA proposes to
amend the Alaskan V-506 by revoking the portion of the airway that
extends between the intersection of the Kodiak VOR/DME 107[deg] radial
and the Anchorage Oceanic Control Area/

Flight Information Region (CTA/FIR) boundary and the King Salmon VOR/
Tactical Air Navigation (VORTAC).

The Proposal

    The FAA proposes to amend 14 CFR part 71 by amending Alaskan VOR
Federal airway V-506. The proposed airspace actions are described
below.
    V-506: The Alaskan Federal airway V-506 extends between Barrow, AK,
VOR/DME and the intersection of the Kodiak VOR/DME 107[deg] radial and
the Anchorage Oceanic CTA/FIR boundary. As amended, the Alaskan V-506
would extend between the Kotzebue VOR/DME and the King Salmon VORTAC.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (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) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
V. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6010(b) Alaskan VOR Federal Airways.

* * * * *

V-508 [Amended]

    From Kotzebue, AK; 53 miles 12 AGL, 71 miles 55 MSL, 35 miles 12
AGL; Nome, AK; Bethel, AK; 63 miles 12 AGL, 84 miles 70 MSL, 51
miles 12 AGL; to King Salmon, AK.
* * * * *

    Issued in Washington, DC, on October 13, 2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2023-22952 Filed 10-17-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Rules and Regulations]
[Pages 2579-2581]
[FR Doc No: 2011-692]

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

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1112]
RIN 1625-AA00

Safety Zone; Lake Mead Intake Construction, Lake Mead, Boulder
City, NV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Lake Mead in support of the construction project for Lake
Mead's Intake 3 during the first 6 months of 2011. Blasting
will take place at regular intervals at the location and in the manner
set forth herein. This safety zone is necessary to ensure unauthorized
personnel and vessels remain safe by keeping clear of the hazardous
area during blasting operations. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this safety
zone unless authorized by the Captain of the Port (COTP) or his
designated representative.

DATES: This rule is effective in the CFR on January 14, 2011 through
June 30, 2011. This rule is effective with actual notice for purposes
of enforcement from January 1, 2011 until June 30, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-1112 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-1112 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail BM1 Shane Jackson, Waterways Management,
U.S. Coast Guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because such publication would be impractical
given the timing of the construction. Immediate action is necessary to
ensure the safety of commercial and recreational vessels in the
vicinity of any blasting on the dates and times this rule will be in
effect.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delay in the effective date will
be contrary to the public interest. Immediate action is needed to
ensure public safety in the vicinity of blasting activities.

Background and Purpose

    Vegas Tunnel Construction will be conducting intermittent blasting
operations for the placement of a water intake pipe in Lake Mead during
the first 6 months of 2011. A safety zone is necessary to ensure
unauthorized personnel and vessels remain safe by keeping clear of the
hazardous area during blasting operations.

Discussion of Rule

    The Coast Guard is establishing a safety zone from January 1, 2011
through June 30, 2011. The safety zone will be enforced only during
blasting operations, which will occur weekly at 8 a.m. and 11 a.m.,
Mondays through Thursdays, and 8 a.m. on Fridays. Operations will be
preceded by a local Broadcast Notice to Mariners at least one hour
prior to the commencement of each blast. In the event additional blasts
are required due to the needs of the construction company, the public
will be notified as soon as practicable, but in no event less than one
hour prior to blasting.
    The limits of the safety zone will include the navigable waters
within a 1300 foot radius of construction vessels during transit and
while at the blast site located at approximately 36[deg]05'24'' N,
114[deg]45'60'' W. This safety zone is necessary to ensure unauthorized
personnel and vessels remain safe by keeping clear of the hazardous
area during blasting activities. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this safety
zone unless authorized by the Captain of the Port (COTP) or his
designated representative.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the size and location of the safety zone. The safety zone is a small
zone in a wide area of Lake Mead, and it will only be enforced
intermittently. Commercial and recreational vessels will not be allowed
to transit through the safety zone while blasting operations are being
conducted. However, these vessels will be able to travel around the
safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in the vicinity of Lake Mead Intake 3 (approximately
36[deg]05'24'' N, 114[deg]45'60'' W) during blasting operations from
January 1, 2011 through June 30, 2011.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced only when blasting work is actively being
conducted. Vessel traffic can pass safely around the zone. Before the
effective period, the construction company will issue a Broadcast
Notice to Mariners (BNM) at least one hour prior to the beginning of
blasting and the enforcement of this zone.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to

health or risk to safety that may disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295; 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T11-387 to read as follows:

Sec.  165.T11-387  Safety Zone; Lake Mead Intake Construction; Lake
Mead, Boulder City, NV

    (a) Location. The limits of the safety zone will include the
navigable waters of Lake Mead within a 1300 foot radius of the
construction vessels working on Lake Mead Intake 3, located at
approximately 36[deg]05'24'' N, 114[deg]45'60'' W.
    (b) Enforcement Period. This section will be in effect from January
1, 2011 through June 30, 2011. The safety zone will only be enforced
during blasting operations. Blasting operations will occur weekly at 8
a.m. and 11 a.m., Mondays through Thursdays, and at 8 a.m. on Fridays.
The Coast Guard will publish a Local Notice to Mariners before the rule
takes effect. The construction crew will notify the public via
Broadcast Notice to Mariners at least one hour prior to commencement of
each blasting operation. In the event additional blasts are required
due to the needs of the construction company, the public will be
notified as soon as practicable, but in no event less than one hour
prior to blasting. If blasting concludes prior to the scheduled
termination time, the COTP will cease enforcement of this safety zone
and a Broadcast Notice to Mariners will be issued to notify the public
that enforcement has ended.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative means Commissioned, Warrant, or Petty
Officers of the Coast Guard, Coast Guard Auxiliary, or local, state,
and federal law enforcement vessels who have been authorized to act on
the behalf of the COTP.
    (2) Unauthorized personnel and vessels, means any civilian boats,
fishermen, divers, and swimmers.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the COTP San
Diego or his designated representative.
    (2) Unauthorized personnel and vessels wishing to transit through
the safety zone may request authorization to do so from the COTP San
Diego or his designated representative using VHF-FM Channel 16, or
telephone number<PHONE_NUMBER>.
    (3) Vessels involved in construction operations are allowed within
the confines of the established safety zone.
    (4) All persons and vessels shall comply with the instructions of
the Coast Guard COTP or his designated representative.
    (5) Upon being hailed by U.S. Coast Guard or other official
personnel by siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed.
    (6) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: December 29, 2010.
P.J. Hill,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2011-692 Filed 1-13-11; 8:45 am]
BILLING CODE 9110-04-P