[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Rules and Regulations]
[Pages 58829-58831]
[FR Doc No: 2016-20072]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6983; Directorate Identifier 2016-CE-012-AD;
Amendment 39-18618; AD 2016-17-05]
RIN 2120-AA64

Airworthiness Directives; RUAG Aerospace Services GmbH Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2009-13-04 for
RUAG Aerospace Services GmbH Models 228-100, 228-101, 228-200, 228-201,
228-202, and 228-212 airplanes. This AD results from mandatory
continuing airworthiness information (MCAI) issued by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as excessive wear on the guide pin of the power lever or
condition lever, which could cause functional loss of the flight idle
stop. We are issuing this AD to require actions to address the unsafe
condition on these products.

DATES: This AD is effective September 30, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 30,
2016.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6983; or in person at the Docket Management Facility, U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact RUAG
Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 1253,
82231 Wessling, Federal Republic of Germany, telephone: +49 (0) 8153-
30-2280; fax: +49 (0) 8153-30-3030; email:
<EMAIL_ADDRESS>Internet: http://www.ruag.com/. You
may review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA, call
(816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for Docket No. FAA-2016-6983.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to RUAG Aerospace Services
GmbH Models 228-100, 228-101, 228-200, 228-201, 228-202, and 228-212
airplanes. That NPRM was published in the Federal Register on June 1,
2016 (81 FR 34927), and proposed to supersede AD 2009-13-04, Amendment
39-15943 (74 FR 29116; June 19, 2009) (``AD 2009-13-04'').
    The NPRM proposed to correct an unsafe condition for the specified
products and was based on mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country. The MCAI (EASA AD No.: 2009-0031R1) states that:

    Excessive wear on a guide pin of a power lever was detected
during inspections. The failure of a power lever or condition lever
guide pin could cause functional loss of the flight idle stop.
    This condition, if not corrected, could lead to inadvertent
activation of the beta mode in flight, possibly resulting in loss of
control of the aeroplane.
    Prompted by this finding, RUAG issued Alert Service Bulletin
(ASB) ASB-228-279 to provide inspection instructions. Consequently,
EASA issued AD 2009-0031 to require repetitive detailed inspections
of the guide pins of the power levers and condition levers, and
replacement of any pin that exceeds the allowable wear-limits.
    Since that AD was issued, further analysis has determined that
the inspection interval, in case of no pin replacement, can be
extended and RUAG published Revision 1 of ASB-228-279, which also
included landings (expressed in this AD as flight cycles--FC) as a
determining factor.
    For the reason described above, this AD revises EASA AD 2009-
0031, amending the compliance times without changing the technical
requirements, and also introducing some editorial changes for
standardization.

    EASA revised the MCAI (EASA AD No.: 2009-0031R2) to incorporate
changes to the applicability. The FAA had already incorporated these
changes in the NPRM so no changes to the final rule are necessary.
    The MCAI can be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6983.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (74 FR 29116; June 19,
2009) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial

changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (74 FR 29116; June 19, 2009) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (74 FR 29116; June 19, 2009).

Related Service Information Under 1 CFR Part 51

    We reviewed the RUAG Aerospace Services GmbH Dornier 228 Alert
Service Bulletin No. ASB-228-279, revision 1, dated September 22, 2015.
The service information describes procedures for repetitive inspections
of the guide pins of the power and condition levers and replacement of
those pins if necessary. This service information 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 of the AD.

Costs of Compliance

    We estimate that this AD will affect 18 products of U.S. registry.
We also estimate that it would take about 20 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts would cost about $10 per product.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $30,780, or $1,710 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (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.

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-2016-
6983; 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 the NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 Amendment 39-15943 (74 FR
29116; June 19, 2009), and adding the following new AD:

2016-17-05 RUAG Aerospace Services GmbH: Amendment 39-18618; Docket
No. FAA-2016-6983; Directorate Identifier 2016-CE-012-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September
30, 2016.

(b) Affected ADs

    This AD supersedes AD 2009-13-04, Amendment 39-15943 (74 FR
29116; June 19, 2009) (``AD 2009-13-04'').

(c) Applicability

    This AD applies to RUAG Aerospace Services GmbH Models 228-100,
228-101, 228-200, 228-201, 228-202, and 228-212 airplanes, all
serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 76: Engine
Controls.

(e) Reason

    This AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as excessive wear
on the guide pin of the power lever or condition lever, which could
cause functional loss of the flight idle stop. We are issuing this
proposed AD to amend the compliance times of the guide pin
inspections.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) through (4) of this AD based on a compliance time of hours
time-in-service (TIS) or flight cycles, whichever occurs first. If
the flight cycles or hours TIS of the throttle box assembly is
unknown, use the hours TIS of the airplane to determine the
compliance time for the inspection.
    (1) For throttle box assemblies with less than 9,600 hours TIS
or 9,600 flight cycles since installed: Inspect the guide pins of
the power and condition levers for excessive wear following the
Accomplishment Instructions in paragraph 2 of RUAG Aerospace
Services GmbH Dornier 228 Alert Service Bulletin No. ASB-228-279,
revision 1, dated September 22, 2015, at the following times:
    (i) Initially, unless already done within the last 1,200 hours
TIS or 1,200 flight cycles as of July 24, 2009 (the effective date
retained from AD 2009-13-04), before or upon accumulating 9,600
hours TIS or 9,600 flight cycles, or within the next 100 hours TIS
or 100 flight cycles after July 24, 2009 (the effective date
retained from AD 2009-13-04), whichever occurs later, inspect the
guide pins of the power and condition levers for excessive wear; and
    (ii) Repetitively thereafter within 4,800 hours TIS or 4,800
flight cycles since any previous inspection in which the power and
condition levers guide pins were not replaced or within 9,600 hours
TIS or 9,600 flight cycles, whichever occurs first, since the
previous inspection in which the power and condition levers guide
pins were replaced.
    (2) For throttle box assemblies with 9,600 hours TIS or more or
9,600 flight cycles or more but less than 13,200 hours TIS or

13,200 flight cycles since installed: Inspect the guide pins of the
power and condition levers for excessive wear within the next 1,200
hours TIS or 1,200 flight cycles after July 24, 2009 (the effective
date retained from AD 2009-13-04) following the Accomplishment
Instructions in paragraph 2 of RUAG Aerospace Services GmbH Dornier
228 Alert Service Bulletin No. ASB-228-279, revision 1, dated
September 22, 2015; and
    (i) Repetitively inspect the guide pins of the power and
condition levers for excessive wear thereafter within 4,800 hours
TIS or 4,800 flight cycles since any previous inspection in which
the power and condition levers guide pins were not replaced; or
    (ii) Repetitively inspect the guide pins of the power and
condition levers for excessive wear within 9,600 hours TIS or 9,600
flight cycles since the previous inspection in which the power and
condition levers guide pins were replaced.
    (3) For throttle box assemblies with 13,200 hours TIS or more or
13,200 flight cycles or more since installed: Within 100 hours TIS
or 100 flight cycles after July 24, 2009 (the effective date
retained from AD 2009-13-04) inspect the guide pins of the power and
condition levers for excessive wear following the Accomplishment
Instructions in paragraph 2 of RUAG Aerospace Services GmbH Dornier
228 Alert Service Bulletin No. ASB-228-279, revision 1, dated
September 22, 2015, at the following times:
    (i) Initially within the next 100 hours TIS or 100 flight cycles
after July 24, 2009 (the effective date retained from AD 2009-13-
04); and
    (ii) Repetitively thereafter within 4,800 hours TIS or 4,800
flight cycles since any previous inspection in which the power and
condition levers guide pins were not replaced or within 9,600 hours
TIS or 9,600 flight cycles since the previous inspection in which
the power and condition levers guide pins were replaced.
    (4) For all throttle box assemblies: Before further flight after
any inspection required in paragraph (f)(1), (2), or (3) of this AD,
replace any guide pin that exceeds the acceptable wear-limits as
defined in paragraph 4.1 of RUAG Aerospace Services GmbH Dornier 228
Alert Service Bulletin No. ASB-228-279, revision 1, dated September
22, 2015.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Before using any approved AMOC on
any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2009-0031R1, dated March 29, 2016, and EASA AD No.: 2009-0031R2,
dated June 28, 2016, for related information. The MCAI can be found
in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2016-6983.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) RUAG Aerospace Services GmbH Dornier 228 Alert Service
Bulletin No. ASB-228-279, revision 1, dated September 22, 2015.
    (ii) Reserved.
    (3) For RUAG Aerospace Services GmbH service information
identified in this AD, contact RUAG Aerospace Services GmbH, Dornier
228 Customer Support, P.O. Box 1253, 82231 Wessling, Federal
Republic of Germany, telephone: +49 (0) 8153-30-2280; fax: +49 (0)
8153-30-3030; email<EMAIL_ADDRESS>Internet:
http://www.ruag.com/.
    (4) You may view this service information at FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148. In addition, you can access this service information
on the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-6983.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on August 17, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-20072 Filed 8-25-16; 8:45 am]
 BILLING CODE 4910-13-P


MEMORANDUM

SUBJECT:	The Impact of Emissions Averaging Time on the Stringency of an
Emission Standard

FROM:	Stephen Boone, Roy Neulicht, and Jeff Cole,  RTI

TO:	Bill Maxwell, EPA, SPPD, Energy Strategies Group

DATE:	December 9, 2011

Purpose

These analyses were conducted on the Part II CEMS data to evaluate the
impact of averaging time on variability and to “predict” the UPL
value for different averaging times for the MACT floor facilities. This
predictive tool has not been previously used and is intended to
“ground truth” the variability estimated by the UPL calculation
methodology.  These analyses are not the result of additional
statistical analyses of the stack testing data collected under Part II
or any data received under Part III, directly.

Note: These results have not been through an extensive QA.

 General Approach

Part II data from 87 units were evaluated for data completeness and
hours flagged as invalid were removed prior to conducting any
calculations.

For each unit, each hour of data was evaluated to determine the
operating load (gross MW) and to determine if zero emissions were
reported for the hour. Hours of zero reported emissions were excluded
from the calculation of daily averages.

Hours were classified as startup or shutdown periods if the gross
megawatts recorded for the hour were less than 5 percent of the maximum
hourly generating rate recorded in the data set.  These hours were not
included in the calculation of daily averages. Daily averages were
calculated in accordance with Equation 19-19 from Method 19.

Contiguous six-hour periods of valid CEMS data at operating conditions
equivalent to typical stack testing conditions (i.e., steady-state flow
rate and steady load at greater than 90 percent of the maximum recorded
operating load) were used to calculate all the short-term emission rate
averages occurring in the data set that were analogous to short-term
stack test averages; these periods are referred to as “surrogate stack
tests” in this memo.

All averaging periods calculated (30-day, 60-day, 90-day, 180-day, and
360-day) excluded startup and shutdown periods.

For each averaging period analyzed, the variability ratio of [the 99th
percentile long-term average] to [the 3rd percentile surrogate stack
test value] was calculated for each operating unit with a sufficient
number of hourly records to calculate at least one long-term period.
These percentiles were used to eliminate outliers in the data sets.

The variability ratios for all units within a given averaging period
data set were used to develop a general equation defining the
relationship between the 99th percentile long-term average and the
near-minimum achieved surrogate stack test. The general form of the
equation is presented as Equation 1:

[Equation 1]		y = Cx-z

Where 	y  =  the estimated long term emissions average

	x  =  the near-minimum short-term emissions average

	z  =  was a calculated exponent derived from all available CEMS hourly
data.

	C =  was a calculated coefficient derived from all available CEMS
hourly data.

For each averaging period analyzed, the general equation, developed in
step 6, was used to transform short-term emissions data for each unit
floor into an estimate of the 99th percentile long-term performance for
the floor unit. The transformed estimates were calculated by inserting
the minimum actual stack test data from each of the 47 units into the
general equation from step 6. Appendix A of this memorandum only
includes the two plots utilized to determine the equation for
transforming MACT floor stack test averages to 30-day averages. The
attached spreadsheets contain the plots of all other averaging periods.

The upper predictive limit for each long-term average Hg emissions rate
was calculated for the floor units using the equation from step 6. Only
the minimum test value (i.e., row 5 in the UPL spreadsheet) was used;
all other stack test rows previously used to determine unit-specific
variability were excluded.

Conclusion

Table 1 presents the results of the analysis of what the Hg MACT floor
for existing coal units would look like if EPA decides to promulgate a
compliance period longer than 30 days. As shown in Table 1, the amount
of data available for each averaging period analysis varied. For
example, only 23 units had sufficient data to calculate at least one
360-day average. Since the objective of this analysis was to compare
achievable emissions rates based on the duration of the averaging
period, the analysis used only the 23 units with sufficient data to
calculate all averaging periods as a “control” to assess the impact
of comparing the different data sets.

Table 1 – UPL’s Calculated with All Available Data

Average Period	Available CEMS	Calculated UPL

(days)	Data Sets	With All Available CEMS Data

(lb Hg/MMBtu)

30	87	1.11E-06

60	83	1.01E-06

90	77	9.13E-07

180	66	8.04E-07

360	23	7.60E-07

To quantify the effect of the reduction in the count of available
datasets with sufficient data as the averaging periods increase, the
analysis also includes a series of UPL calculations using only the
“control” data set. Table 2 presents a comparison of the calculated
UPLs for each averaging period without the analytical artifacts caused
by the limited availability of very long-term (i.e., semi-annual and
annual) CEMS data.

Table 2 – UPL’s Calculated with Control Data (23 Units Only)

Average Period	Available CEMS	Calculated UPL

(days)	Data Sets	With Control CEMS Data

(lb Hg/MMBtu)

30	23	1.32E-06

60	23	1.13E-06

90	23	1.03E-06

180	23	9.17E-07

360	23	7.60E-07

The data in Table 2 confirms that an appropriate ratio between a 30-day
compliance period and a 360-day compliance period is approximately 60
percent. This is consistent with the ratio achieved by San Juan Unit 4
based on the maximum averages recorded by CEMS with no statistical
variability added.

Figure   SEQ Figure \* ARABIC  1 .-San Juan Unit 4 Actual CEMS Data
Averages

Appendix A

Typical Data Sets Used to Derive Average Data Sets

 Note that the data set of 87 units utilized to derive the UPL of
1.11E-06 is presented in Appendix A, Figure A-1.

 Note that the data set of 23 units utilized to derive the UPL of
1.32E-06 is presented in Appendix A, Figure A-2.

DRAFT – DELIBERATIVE – NOT FOR DISTRIBUTION

PRELIMINARY RESULTS, QA CHECKS NOT COMPLETED

  PAGE   \* MERGEFORMAT  4


[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Proposed Rules]
[Pages 45936-45939]
[FR Doc No: 2021-17291]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2020-0216]
RIN 1625-AA01

Anchorage Grounds; Cape Fear River Approach, North Carolina

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend the anchorage
regulations for Lockwoods Folly Inlet, NC, and adjacent waters, by
establishing a new offshore anchorage and relocating and amending the
existing explosives anchorage. The purpose of this proposed rule is to
improve navigation and public safety by accommodating recent and
anticipated future growth in cargo vessel traffic and vessel size that
call on Military Ocean Terminal Sunny Point and the Port of Wilmington,
NC. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before October 18, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0216 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician Chief
(MSTC) Joshua O'Rourke, Sector North Carolina, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>or Mr. Jerry
Barnes, Waterways Management Branch, Fifth Coast Guard District, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NM Nautical Miles
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On May 8, 2020, the Coast Guard published a notice of inquiry in
the Federal Register (85 FR 27343) to solicit public comments on
whether we should initiate a rulemaking to establish an anchorage
ground offshore in the approaches to the Cape Fear River, NC, and to
increase the size and relocate the existing Lockwoods Folly Inlet
explosives anchorage. We received two comment letters in response, both
endorsing a rulemaking to amend the anchorage regulations as described.
The Coast Guard is now moving forward with this proposed rulemaking.
    The Cape Fear River supports a diverse marine transportation system
which includes Military Ocean Terminal Sunny Point, North Carolina
State Port of Wilmington, and several oil terminals and bulk-handling
facilities for cement, asphalt products, molasses, liquid chemicals,
sulfur, fertilizers and liquid sugar. Military Ocean Terminal Sunny
Point is a Department of Defense facility that stores and ships
ammunition, dangerous cargo and explosives for United States forces
worldwide. A federal navigation project provides for a channel 44 feet
deep from the ocean to a point just south of Southport, NC, and 42 feet
to the Lower Anchorage Basin and Turning Basin at Wilmington, NC. In
support of continued port growth and growth in both size and volume of
vessel traffic, the U.S. Army Corps of Engineers is considering the
need for major channel depth, width, and alignment changes. These
include deepening the existing federal navigation channel to the Port
of Wilmington, extending the ocean entrance channel farther offshore,
and widening channels in the Cape Fear River where needed.
    At the same time, the demand for offshore wind energy is
increasing. Plummeting costs, technological advancements, increasing
demand and great economic potential have combined to make offshore wind
a promising avenue for adding to a diversified national energy
portfolio. In 2018, the Bureau of Ocean Energy Management (BOEM)
developed and sought feedback on a Proposed Path Forward for Future

Offshore Renewable Energy Leasing on the Atlantic OCS (83 FR 14881,
April 6, 2018). Offshore the Carolinas, BOEM has identified several
wind energy lease and call areas and intends to work with the states of
North Carolina and South Carolina using a regional model to plan and
analyze these areas for potential future offshore wind leases.
    Traditionally, vessels awaiting entrance and pilotage to the Cape
Fear River anchor outside the traffic separation scheme west of the sea
buoy (Cape Fear River Entrance Lighted Whistle Buoy CF). The Coast
Guard has concerns that as wind energy areas are developed and
electrical export cables installed, vessel traffic may be displaced or
funneled into smaller areas, and areas traditionally used for anchoring
may be impacted or lost. Establishing an adequate and dedicated
offshore anchorage will preserve areas traditionally used for anchoring
and alleviate potential hazardous conditions of vessels anchoring in
the common approaches to the Cape Fear River.
    On January 18, 1969, regulations for the Lockwoods Folly Inlet (33
CFR 110.170) explosives anchorage were published (34 FR 839) outlining
the area as an anchorage reserved for the exclusive use of vessels
carrying explosives. The anchorage is located within 3 nautical miles
(NM) from shore and in water with charted depths between 32 and 37
feet. The Coast Guard is concerned that the anchorage does not meet the
current needs of safe navigation due to the increased size and drafts
of vessels that call on Military Ocean Terminal Sunny Point and the
Port of Wilmington, and a better location is possible in the interest
of navigation and public safety.
    The purpose of this proposed rule is to accommodate recent and
anticipated future growth in cargo vessel traffic and vessel size that
call on Military Ocean Terminal Sunny Point and the Port of Wilmington,
improve navigation and public safety, and to preserve areas
traditionally used for anchoring.
    The legal basis and authorities for this notice of proposed
rulemaking are found in 46 U.S.C.70006, 33 CFR 1.05-1, DHS Delegation
No. 0170.1, which collectively authorize the Coast Guard to propose,
establish, and define regulatory anchorage grounds.

III. Discussion of Proposed Rule

    This proposed rule would formally establish an anchorage ground,
Anchorage A, approximately 8 NM southwest of the Oak Island Light, west
of the pilot boarding area, in an area traditionally used by cargo
ships for anchoring in the approaches to the Cape Fear River, NC. This
location is near existing traffic lanes and in naturally deep water
with charted depths between 40 and 52 feet. This proposed rule also
includes regulations intended to govern anchoring practices and provide
the Captain of the Port additional controls over vessel choosing to
anchor offshore. This proposed rule would also increase the size and
relocate Lockwoods Folly Inlet explosives anchorage to adjacent
Anchorage A on its western boundary; and rename it Anchorage B.
Anchorage B would be approximately 5 NM further offshore than the
existing anchorage and increase separation distances between vessels
laden with explosives and the public. The use of Anchorage B would be
expanded to include vessels carrying or handling dangerous cargo or
cargoes of a particular hazard in addition to vessels carrying
explosives; its use would be required for vessels carrying such
cargoes; and vessels anchored with such cargoes would be required to
display a visible red flag or light. The specific coordinates for these
proposed anchorage gounds are included in the proposed regulatory text
at the end of this document.
    You may find an illustration of the anchorages in the docket where
indicated under ADDRESSES. Additionally, the anchorage ground is
available for viewing on the Mid-Atlantic Ocean Data Portal at http://portal.midatlanticocean.org/visualize/. See ``USCG Proposed Areas and
Studies'' under the ``Maritime'' portion of the Data Layers section.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, and historical vessel traffic data pertaining to the
anchorage locations. The regulation would designate and preserve an
approximately 22 square mile deep water area traditionally used by
cargo ships for anchoring near existing traffic lanes. It would also
relocate the existing explosives anchorage approximately 5 NM further
offshore increasing separation distances between vessels laden with
explosives and the public, and expand its size from approximately 5 to
7 square miles. This regulatory action provides commercial vessel
anchorage needs while enhancing the navigation safety, environmental
stewardship and public safety.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to use the
anchorages may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator. The towns and communities along
the Cape Fear River approaches have an economy based on tourism and
numerous small entities and businesses. The establishment of Anchorage
A and Anchorage B will increase controls over vessels that currently
anchor in the general vicinity and increase the distance between
anchored vessels and the shore and beaches, lessening impacts these
small entities may currently experience.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the

person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast
Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
establishing an anchorage ground, Anchorage A, in an area traditionally
used by cargo ships for anchoring in the approaches to the Cape Fear
River, NC; and increasing the size of and relocating the Lockwoods
Folly Inlet explosives anchorage to an area adjacent to Anchorage A (on
its western boundary), expanding its use, and renaming it Anchorage B.
Normally such actions are categorically excluded from further review
under paragraph L59 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). Documents mentioned in this NPRM as being available in
the docket, and public comments, will be in our online docket at
https://www.regulations.gov and can be viewed by following that
website's instructions. We review all comments received, but we will
only post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. If you go to the online docket and sign up for email
alerts, you will be notified when comments are posted or a final rule
is published.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 46 U.S.C. 70006, 2071; 46 U.S.C. 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  110.170 to read as follows:

Sec.  110.170  Cape Fear, NC.

    (a) The anchorage grounds. All coordinates in this section are
based on the World Geodetic System (WGS 84).
    (1) Anchorage A. The waters bound by a line connecting the
following points:

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
33[deg]47'59.09'' N                  78[deg]14'58.67'' W
33[deg]47'59.09'' N                  78[deg]06'24.74'' W
33[deg]46'01.22'' N                  78[deg]06'24.74'' W
33[deg]46'01.22'' N                  78[deg]14'58.67'' W
------------------------------------------------------------------------

    (2) Anchorage B. Explosives Anchorage: The waters bound by a line
connecting the following points:

                       Table 1 to Paragraph (a)(2)
------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
33[deg]47'59.09'' N                  78[deg]17'49.00'' W
33[deg]47'59.09'' N                  78[deg]14'58.67'' W
33[deg]46'01.22'' N                  78[deg]14'58.67'' W
33[deg]46'01.22'' N                  78[deg]17'49.00'' W
------------------------------------------------------------------------

    (b) Definitions. As used in this section--

    Cargoes of particular hazard means ``cargo of particular hazard''
as defined in Sec.  126.3 of this chapter.
    Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and 1.4
explosives, as defined in 49 CFR 173.50.
    Dangerous cargo means ``certain dangerous cargo'' as defined in
Sec.  160.204 of this chapter.
    U.S. naval vessel means any vessel owner, operated, chartered, or
leased by the U.S. Navy; and any vessel under the operational control
of the U.S. Navy or Combatant Command.
    (c) General regulations. (1) Vessels in the Atlantic Ocean near
Cape Fear River Inlet awaiting berthing space within the Port of
Wilmington shall only anchor within the anchorage grounds hereby
defined and established, except in cases of emergency.
    (2) Vessels anchoring under circumstances of emergency outside the
anchorage areas shall be shifted to new positions within the anchorage
grounds immediately after the emergency ceases.
    (3) Vessels may anchor anywhere within the anchorage grounds
provided such anchoring does not interfere with the operations of any
other vessel at anchorage; except a vessel may not anchor within 1,500
yards of a vessel carrying or handling dangerous cargoes, cargoes of a
particular hazard, or Class 1 (explosive) materials. Vessels shall lie
at anchor with as short of a chain or cable as conditions permit.
    (4) Prior to entering the anchorage grounds, all vessels must
notify the Coast Guard Captain of the Port Sector North Carolina (COTP)
via VHF-FM channel 16.
    (5) No vessel may anchor within the anchorage grounds for more than
72 hours without the prior approval of the COTP. To obtain this
approval, contact the COTP via VHF-FM channel 16.
    (6) The COTP may close the anchorage grounds and direct vessels to
depart the anchorage during periods of severe weather or at other times
as deemed necessary in the interest of port safety or security.
    (7) The COTP may prescribe specific conditions for vessels
anchoring within the anchorage grounds, including but not limited to,
the number and location of anchors, scope of chain, readiness of
engineering plant and equipment, usage of tugs, and requirements for
maintaining communications guards on selected radio frequencies.
    (d) Regulations for vessels handling or carrying dangerous cargoes,
cargoes of a particular hazard, or Class 1 (explosive) materials. This
paragraph applies to every vessel, except U.S. naval vessels, handling
or carrying dangerous cargoes, cargoes of a particular hazard, or Class
1 (explosive) materials.
    (1) Unless otherwise directed by the Captain of the Port, each
commercial vessel handling or carrying dangerous cargoes, cargoes of a
particular hazard, or Class 1 (explosive) materials must be anchored
within Anchorage B.
    (2) Vessels requiring the use of Anchorage B must display by day a
red flag (Bravo flag) in a prominent location and by night a fixed red
light. In lieu of a fixed red light, by night a red flag may be
illuminated by spotlight.

    Dated: August 2, 2021.
Laura M. Dickey,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2021-17291 Filed 8-16-21; 8:45 am]
BILLING CODE 9110-04-P


% Load (@ RPM) 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 105 110 115 120 125 130 TOTAL CT 0.000% 0.000% 0.001% 0.034% 0.103% 0.316% 0.496% 0.843% 0.888% 1.093% 1.323% 1.364% 0.947% 1.251% 1.032% 0.951% 0.471% 0.117% 0.065% 0.032% 0.013% 0.013% 0.007% 0.001% 0.000% 0.000% 0.000% 11.361%

NT 0.000% 0.000% 0.000% 0.008% 0.089% 0.190% 0.323% 0.542% 0.428% 0.394% 0.249% 0.111% 0.038% 0.032% 0.026% 0.021% 0.024% 0.010% 0.006% 0.002% 0.001% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 2.492%

0 0.000% 0.000% 0.000% 1.704% 12.210% 2.401% 1.105% 1.146% 1.369% 3.517% 3.775% 2.130% 1.210% 0.679% 0.655% 0.561% 0.125% 0.032% 0.019% 0.009% 0.008% 0.004% 0.003% 0.004% 0.002% 0.002% 0.002% 32.673%

5 0.000% 0.000% 0.000% 0.001% 0.071% 0.093% 0.966% 2.111% 3.052% 2.926% 3.582% 5.123% 1.347% 0.302% 0.194% 0.540% 0.356% 0.026% 0.006% 0.004% 0.001% 0.001% 0.001% 0.001% 0.000% 0.000% 0.000% 20.705%

10 0.000% 0.000% 0.004% 0.000% 0.114% 0.302% 0.591% 1.321% 1.253% 1.871% 2.144% 1.318% 0.756% 0.496% 0.162% 0.155% 0.338% 0.080% 0.006% 0.002% 0.000% 0.000% 0.002% 0.000% 0.001% 0.000% 0.000% 10.918%

15 0.000% 0.000% 0.000% 0.000% 0.061% 0.081% 0.209% 0.748% 0.935% 1.106% 1.261% 0.908% 0.368% 0.401% 0.209% 0.100% 0.165% 0.112% 0.019% 0.005% 0.002% 0.001% 0.000% 0.001% 0.000% 0.000% 0.001% 6.694%

20 0.000% 0.000% 0.000% 0.000% 0.007% 0.052% 0.091% 0.540% 0.619% 0.775% 0.736% 0.639% 0.246% 0.281% 0.220% 0.071% 0.053% 0.094% 0.042% 0.011% 0.004% 0.002% 0.001% 0.001% 0.000% 0.000% 0.000% 4.485%

25 0.000% 0.001% 0.000% 0.000% 0.001% 0.031% 0.039% 0.310% 0.422% 0.502% 0.416% 0.358% 0.230% 0.285% 0.228% 0.080% 0.030% 0.040% 0.037% 0.020% 0.013% 0.004% 0.002% 0.002% 0.001% 0.000% 0.000% 3.054%

30 0.000% 0.000% 0.000% 0.000% 0.002% 0.009% 0.009% 0.125% 0.303% 0.350% 0.257% 0.254% 0.149% 0.176% 0.170% 0.100% 0.058% 0.020% 0.026% 0.024% 0.020% 0.014% 0.014% 0.002% 0.000% 0.001% 0.000% 2.082%

35 0.000% 0.000% 0.000% 0.000% 0.000% 0.007% 0.008% 0.084% 0.158% 0.204% 0.169% 0.148% 0.127% 0.160% 0.218% 0.078% 0.052% 0.026% 0.010% 0.013% 0.014% 0.031% 0.023% 0.003% 0.003% 0.000% 0.000% 1.539%

40 0.000% 0.000% 0.000% 0.000% 0.000% 0.001% 0.001% 0.038% 0.173% 0.136% 0.116% 0.115% 0.113% 0.121% 0.189% 0.083% 0.061% 0.042% 0.026% 0.013% 0.006% 0.008% 0.004% 0.001% 0.000% 0.000% 0.000% 1.248%

45 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.015% 0.123% 0.120% 0.097% 0.097% 0.082% 0.078% 0.135% 0.092% 0.035% 0.034% 0.021% 0.010% 0.004% 0.004% 0.002% 0.001% 0.001% 0.000% 0.000% 0.951%

50 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.004% 0.076% 0.080% 0.058% 0.073% 0.055% 0.045% 0.077% 0.051% 0.038% 0.043% 0.025% 0.017% 0.005% 0.003% 0.002% 0.003% 0.001% 0.001% 0.000% 0.657%

55 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.001% 0.050% 0.043% 0.033% 0.031% 0.033% 0.025% 0.033% 0.027% 0.028% 0.024% 0.023% 0.011% 0.003% 0.005% 0.001% 0.003% 0.002% 0.000% 0.000% 0.378%

60 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.048% 0.030% 0.027% 0.017% 0.022% 0.017% 0.014% 0.019% 0.022% 0.018% 0.015% 0.004% 0.003% 0.003% 0.003% 0.001% 0.001% 0.001% 0.000% 0.266%

65 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.011% 0.012% 0.016% 0.012% 0.017% 0.014% 0.016% 0.015% 0.010% 0.008% 0.005% 0.001% 0.001% 0.001% 0.003% 0.002% 0.001% 0.001% 0.000% 0.148%

70 0.000% 0.001% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.021% 0.013% 0.014% 0.009% 0.007% 0.007% 0.010% 0.008% 0.005% 0.005% 0.003% 0.001% 0.001% 0.000% 0.000% 0.002% 0.001% 0.001% 0.000% 0.109%

75 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.002% 0.027% 0.004% 0.007% 0.007% 0.007% 0.005% 0.007% 0.004% 0.004% 0.002% 0.001% 0.001% 0.000% 0.000% 0.000% 0.001% 0.000% 0.000% 0.080%

80 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.002% 0.011% 0.005% 0.003% 0.006% 0.004% 0.005% 0.002% 0.002% 0.001% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.044%

85 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.002% 0.003% 0.008% 0.007% 0.002% 0.006% 0.004% 0.003% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.036%

90 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.007% 0.005% 0.002% 0.003% 0.005% 0.004% 0.003% 0.000% 0.002% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.031%

95 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.001% 0.004% 0.002% 0.001% 0.007% 0.006% 0.001% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.023%

100 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.001% 0.001% 0.006% 0.004% 0.007% 0.005% 0.005% 0.001% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.029%

TOTAL 0.000% 0.002% 0.004% 1.747% 12.659% 3.483% 3.837% 7.828% 9.944% 13.229% 14.297% 12.737% 5.780% 4.401% 3.610% 2.965% 1.880% 0.736% 0.358% 0.181% 0.101% 0.094% 0.069% 0.027% 0.017% 0.009% 0.005% 100.000%

Notes:

CT = negative load, closed throttle NT = negative load, open throttle >= 0.2%

>= 1.0%

>= 2.0%

Average Non Idle RPM: 50.1 % of Rated Speed % Load J1088 ATV Diff ( 90 100) 100 9.0% 0.1% + 8.9%

( 65 85) 75 20.0% 0.4% + 19.6%

( 40 60) 50 29.0% 3.5% + 25.5%

( 20 35) 25 30.0% 11.2% + 18.8%

( 5 20) 10 7.0% 54.7%  47.7%

0 5.0% 16.3%

< 0 0.0% 13.9%  11.3%

ACTIVITY WEIGHTED JOINT DISTRIBUTION OF ALL ATV OPERATION ( AS PERCENT TIME) BY PERCENT OF RATED ENGINE SPEED AND PERCENT LOAD BASED ON SWRI RECREATION ( ZARS) AND UTILITY TEST DATA Highlighting Key Percent of Rated Speed Bin ( 5 = 5% to < 10%) % Load (@ RPM) 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 105 110 115 120 125 130 TOTAL CT 0.000% 0.000% 0.059% 0.238% 1.031% 1.774% 0.981% 1.130% 1.496% 1.437% 1.912% 1.932% 2.011% 2.636% 1.070% 0.733% 0.406% 0.337% 0.486% 0.277% 0.396% 0.783% 0.129% 0.000% 0.000% 0.000% 0.000% 21.254%

NT 0.000% 0.000% 0.000% 0.109% 0.713% 1.149% 0.248% 0.446% 0.268% 0.069% 0.089% 0.079% 0.149% 0.099% 0.188% 0.238% 0.614% 0.614% 0.971% 0.248% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 6.292%

0 0.000% 0.010% 0.059% 2.160% 6.272% 4.905% 0.476% 0.119% 0.515% 1.011% 2.447% 2.596% 1.486% 1.536% 2.021% 2.229% 1.229% 0.922% 0.892% 0.495% 1.219% 0.208% 0.000% 0.000% 0.000% 0.000% 0.000% 32.808%

5 0.000% 0.010% 0.000% 0.010% 0.941% 0.168% 0.268% 0.694% 0.585% 0.694% 1.387% 2.259% 1.209% 1.764% 2.210% 1.249% 1.050% 1.110% 0.634% 0.139% 0.238% 0.119% 0.000% 0.000% 0.000% 0.000% 0.000% 16.736%

10 0.000% 0.000% 0.000% 0.000% 0.386% 0.743% 0.109% 0.198% 0.168% 0.277% 0.416% 0.595% 0.426% 0.664% 2.467% 1.457% 0.644% 0.783% 0.941% 0.089% 0.059% 0.069% 0.000% 0.000% 0.000% 0.000% 0.000% 10.493%

15 0.000% 0.000% 0.000% 0.000% 0.317% 0.069% 0.030% 0.178% 0.178% 0.129% 0.238% 0.377% 0.277% 0.307% 0.258% 0.535% 0.238% 0.495% 0.466% 0.139% 0.119% 0.178% 0.149% 0.000% 0.000% 0.000% 0.000% 4.677%

20 0.000% 0.000% 0.000% 0.020% 0.010% 0.030% 0.010% 0.099% 0.040% 0.059% 0.059% 0.248% 0.238% 0.317% 0.258% 0.238% 0.208% 0.307% 0.416% 0.109% 0.119% 0.268% 0.149% 0.000% 0.000% 0.000% 0.000% 3.201%

25 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.020% 0.059% 0.089% 0.059% 0.069% 0.089% 0.149% 0.089% 0.159% 0.109% 0.089% 0.228% 0.188% 0.050% 0.050% 0.149% 0.069% 0.000% 0.000% 0.000% 0.000% 1.714%

30 0.000% 0.000% 0.000% 0.000% 0.010% 0.000% 0.010% 0.050% 0.059% 0.010% 0.020% 0.089% 0.109% 0.159% 0.099% 0.069% 0.059% 0.149% 0.119% 0.099% 0.030% 0.050% 0.000% 0.000% 0.000% 0.000% 0.000% 1.189%

35 0.000% 0.000% 0.010% 0.000% 0.000% 0.000% 0.010% 0.010% 0.040% 0.040% 0.069% 0.040% 0.059% 0.089% 0.079% 0.020% 0.059% 0.109% 0.109% 0.050% 0.010% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.803%

40 0.000% 0.000% 0.000% 0.000% 0.000% 0.010% 0.000% 0.010% 0.050% 0.000% 0.010% 0.050% 0.030% 0.030% 0.059% 0.030% 0.059% 0.050% 0.020% 0.059% 0.040% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.505%

45 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.010% 0.010% 0.000% 0.000% 0.030% 0.010% 0.000% 0.050% 0.000% 0.020% 0.010% 0.020% 0.040% 0.010% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.208%

50 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.010% 0.000% 0.000% 0.020% 0.010% 0.000% 0.000% 0.000% 0.010% 0.010% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.059%

55 0.000% 0.000% 0.000% 0.000% 0.010% 0.000% 0.010% 0.000% 0.000% 0.010% 0.000% 0.000% 0.000% 0.000% 0.020% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.050%

60 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.010% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.010%

65 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000%

70 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000%

75 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000%

80 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000%

85 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000%

90 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000%

95 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000%

100 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000% 0.000%

TOTAL 0.000% 0.020% 0.129% 2.537% 9.691% 8.849% 2.170% 3.002% 3.498% 3.795% 6.718% 8.393% 6.153% 7.699% 8.958% 6.916% 4.677% 5.113% 5.262% 1.803% 2.299% 1.823% 0.495% 0.000% 0.000% 0.000% 0.000% 100.000%

Notes:

CT = negative load, closed throttle NT = negative load, open throttle >= 0.2%

>= 1.0%

>= 2.0%

Average Non Idle RPM: 62.1 % of Rated Speed % Load J1088 Class 1 Diff ( 90 100) 100 9.0% 0.0% + 9.0%

( 65 85) 75 20.0% 0.0% + 20.0%

( 40 60) 50 29.0% 0.8% + 28.2%

( 20 35) 25 30.0% 6.9% + 23.1%

( 5 20) 10 7.0% 51.4%  44.4%

0 5.0% 13.3%

< 0 0.0% 27.5%  8.3%

ACTIVITY WEIGHTED JOINT DISTRIBUTION OF ALL ATV OPERATION ( AS PERCENT TIME) BY PERCENT OF RATED ENGINE SPEED AND PERCENT LOAD BASED ON HOT CLASS I TEST DATA Highlighting Key Percent of Rated Speed Bin ( 5 = 5% to < 10%)


[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
[Rules and Regulations]
[Pages 14388-14389]
[FR Doc No: 2022-05339]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0940; Airspace Docket No. 21-ASO-12]
RIN 2120-AA66

Amendment and Removal of Area Navigation (RNAV) Routes; South-
Central FL Metroplex Project.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends low altitude United States Area Navigation
(RNAV) route, T-208 in support of the South-Central FL Metroplex
Project. Other route changes that were proposed in the NPRM are being
deferred to a later date.

DATES: Effective date 0901 UTC, May 19, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. FAA Order 7400.11F is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of FAA Order JO 7400.11F at NARA,
email: [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, 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 modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the NAS.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-0940, in the Federal Register (86 FR 61724; November 8, 2021),
amending 11 T-routes, and removing one T-route. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal. No comments were received.
    United States RNAV T-routes are published in paragraph 6011 of FAA
Order JO 7400.11F, dated August 10, 2021, and effective September 15,
2021, which is incorporated by reference in 14 CFR 71.1. The RNAV route
listed in this document will be subsequently published in FAA Order JO
7400.11.

Differences From the NPRM

    In addition to route T-208, the NPRM proposed to amend the
following routes: T-207, T-210, T-336, T-339, T-341, T-343, T-345, T-
347, T-349, and T-353, and to remove T-337. Since then, the FAA has
determined that additional planning and coordination is needed prior to
implementing the changes to all of the above routes except for T-208.

Consequently, this rule only implements the amendment of T-208. The
remaining routes are delayed to a later date.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by amending RNAV T-route T-208 in
support of the South-Central FL Metroplex Project. The route change is
described below.
    T-208: T-208 currently extends between the WALEE, FL, WP, and the
SHANC, FL, WP. This action removes the WALEE, FL, and the MMKAY, FL,
WPs from the route. The SIROC, GA, WP is added as the new start point
of the route. The SAHND, FL, WP is added between the SIROC, GA, and the
FOXAM, FL, WPs. After the FOXAM, FL, WP, T-208 proceeds to the SHANC,
FL, Fix, as currently depicted on the IFR Low Altitude Chart.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this 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
Department of Transportation (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 only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of amending T-208, as
described above, in support of efforts transitioning the NAS from
ground-based to satellite-based navigation, qualifies for categorical
exclusion under the National Environmental Policy Act (42 U.S.C. 4321
et seq.) and its implementing regulations at 40 CFR part 1500, and in
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. Accordingly, the FAA has determined that no extraordinary
circumstances exist that warrant preparation of an environmental
assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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
1. 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
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-208 SIROC, GA to SHANC, FL [Amended]

SIROC, GA                                       WP                             (Lat. 31[deg]03'02.32'' N, long. 081[deg]26'45.89'' W)
SAHND, FL                                       WP                             (Lat. 30[deg]25'45.91'' N, long. 081[deg]24'34.99'' W)
FOXAM, FL                                       WP                             (Lat. 29[deg]33'37.73'' N, long. 081[deg]09'37.84'' W)
SUUGR, FL                                       WP                             (Lat. 29[deg]19'40.38'' N, long. 081[deg]07'20.79'' W)
SMYRA, FL                                       Fix                            (Lat. 29[deg]00'19.48'' N, long. 080[deg]59'34.51'' W)
OAKIE, FL                                       Fix                            (Lat. 28[deg]51'04.26'' N, long. 080[deg]55'52.35'' W)
MALET, FL                                       Fix                            (Lat. 28[deg]41'29.90'' N, long. 080[deg]52'04.30'' W)
TICCO, FL                                       Fix                            (Lat. 28[deg]31'00.50'' N, long. 080[deg]47'52.80'' W)
INDIA, FL                                       Fix                            (Lat. 28[deg]26'04.19'' N, long. 080[deg]45'55.25'' W)
DIMBY, FL                                       WP                             (Lat. 28[deg]04'52.54'' N, long. 080[deg]37'37.61'' W)
VALKA, FL                                       Fix                            (Lat. 27[deg]55'06.06'' N, long. 080[deg]34'17.17'' W)
SULTY, FL                                       WP                             (Lat. 27[deg]48'12.41'' N, long. 080[deg]32'59.17'' W)
WIXED, FL                                       WP                             (Lat. 27[deg]41'24.86'' N, long. 080[deg]29'56.56'' W)
CLEFF, FL                                       WP                             (Lat. 27[deg]00'03.31'' N, long. 080[deg]32'38.27'' W)
DURRY, FL                                       WP                             (Lat. 26[deg]43'46.96'' N, long. 080[deg]24'09.25'' W)
BOBOE, FL                                       WP                             (Lat. 26[deg]28'48.72'' N, long. 080[deg]23'05.23'' W)
SHANC, FL                                       Fix                            (Lat. 26[deg]18'51.14'' N, long. 080[deg]20'00.16'' W)

* * * * *

    Issued in Washington, DC, on March 9, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-05339 Filed 3-14-22; 8:45 am]
BILLING CODE 4910-13-P