[Federal Register Volume 85, Number 44 (Thursday, March 5, 2020)]
[Notices]
[Pages 12942-12944]
[FR Doc No: 2020-04389]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]

SGS North America, Inc.: Applications for Expansion of
Recognition and Proposed Modification to the NRTL Program's List of
Appropriate Test Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the applications of SGS North
America, Inc., for expansion of recognition as a Nationally Recognized
Testing Laboratory (NRTL) and presents the agency's preliminary finding
to grant the applications. Additionally, OSHA proposes to add four test
standards to the NRTL Program's list of appropriate test standards.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before March 20, 2020.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2006-0040,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries, (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2006-0040). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office.
    Extension of comment period: Submit requests for an extension of
the comment period on or before March 20, 2020 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational

Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW, Room N-3653, Washington, DC 20210, or by fax to
(202) 693-1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that SGS North America, Inc. (SGS) is applying for an expansion
of current recognition as a NRTL. SGS requests the addition of twenty
test standards to the NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides a preliminary finding. In the second notice,
the agency provides the final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including SGS, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    SGS currently has nine facilities (sites) recognized by OSHA for
product testing and certification, with the headquarters located at:
SGS North America, Inc., 620 Old Peachtree Road, Suwanee, Georgia
30024. A complete list of SGS's scope of recognition is available at
https://www.osha.gov/dts/otpca/nrtl/sgs.html.

II. General Background on the Applications

    SGS submitted four applications to OSHA to expand recognition as a
NRTL to include twenty additional test standards. The first application
was submitted to OSHA on February 14, 2018 (OSHA-2006-0040-0051). The
second and third applications were submitted to OSHA on April 18, 2018
(OSHA-2006-0040-0052) and (OSHA-2006-0040-0053). The fourth application
(which was a revision to the first application) was submitted to OSHA
on July 18, 2019 (OSHA-2006-0040-0054). OSHA staff performed a detailed
analysis of the application packets and reviewed other pertinent
information. OSHA did not perform any on-site reviews in relation to
these applications.
    Table 1 lists the appropriate test standards found in SGS's
applications for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     SGS's NRTL Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 773A...........................  Nonindustrial Photoelectric Switches
                                     for Lighting Control.
UL 1241...........................  Junction Boxes for Swimming Pool
                                     Lighting Fixtures.
UL 1977...........................  Component Connectors for Use in
                                     Data, Signal, Control and Power
                                     Applications.
UL 1994...........................  Low-Level Path Marking and Lighting
                                     Systems.
UL 1776...........................  Standard for High-Pressure Cleaning
                                     Machines.
UL 141............................  Garment Finishing Machines.
UL 283............................  Air Fresheners and Deodorizers.
UL 399............................  Drinking Water Coolers.
UL 474............................  Dehumidifiers.
UL 484............................  Room Air Conditioners.
UL 778............................  Motor-Operated Water Pumps.
UL 1030...........................  Sheathed Heating Elements.
UL 1042...........................  Electric Baseboard Heating
                                     Equipment.
UL 1081...........................  Swimming Pool Pumps, Filters and
                                     Chlorinators.
UL 2202...........................  Electric Vehicle (EV) Charging
                                     System Equipment.
UL 2594...........................  Electric Vehicle Supply Equipment.
UL 62841-2-8 *....................  Safety Requirements for Particular
                                     Requirements for Hand-Held Shears
                                     and Nibblers.
UL 62841-2-11 *...................  Safety Requirements for Particular
                                     Requirements for Hand-Held
                                     Reciprocating Saws.
UL 62841-3-4 *....................  Safety Requirements for Particular
                                     Requirements for Transportable
                                     Bench Grinders.
UL 62841-3-6 *....................  Safety Requirements for Particular
                                     Requirements for Transportable
                                     Diamond Drills with Liquid System.
------------------------------------------------------------------------
* Represents the standards that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standards to the NRTL Program's List of
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the
NRTL list of appropriate test standards following an evaluation of the
test standard document. To qualify as an appropriate test standard, the
agency evaluates the document to (1) verify it represents a product
category for which OSHA requires certification by a NRTL, (2) verify
the document represents a product and not a component, and (3) verify
the document defines safety test specifications (not installation or
operational performance specifications). OSHA becomes aware of new test
standards through various avenues. For example, OSHA may become aware
of new test standards by: (1) Monitoring notifications issued by
certain Standards Development Organizations; (2) reviewing applications
by NRTLs or applicants seeking recognition to include new test standard
in their scopes of recognition; and (3) obtaining notification from
manufacturers, manufacturing organizations, government agencies, or
other parties. OSHA may determine to include a new test standard in the
list, for example, if the test standard is for a particular type of
product that another test standard also covers or it covers a type of
product that no standard previously covered.
    In this notice, OSHA proposes to add four new test standards to the
NRTL Program's list of appropriate test standards. Table 2, below,
lists the test standards that are new to the NRTL Program. OSHA
preliminarily determined that these test standards are appropriate test
standards and proposes to include them in the NRTL Program's list of
appropriate test standards. OSHA seeks public comment on this
preliminary determination.

 Table 2--Standards OSHA Is Proposing To Add to the NRTL Program's List
                      of Appropriate Test Standards
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 62841-2-8......................  Safety Requirements for Particular
                                     Requirements for Hand-Held Shears
                                     and Nibblers.
UL 62841-2-11.....................  Safety Requirements for Particular
                                     Requirements for Hand-Held
                                     Reciprocating Saws.
UL 62841-3-4......................  Safety Requirements for Particular
                                     Requirements for Transportable
                                     Bench Grinders.
UL 62841-3-6......................  Safety Requirements for Particular
                                     Requirements for Transportable
                                     Diamond Drills with Liquid System.
------------------------------------------------------------------------

IV. Preliminary Findings on the Applications

    SGS submitted acceptable applications for expansion of the scope of
recognition. OSHA's review of the application files, and pertinent
documentation, indicate that SGS can meet the requirements prescribed
by 29 CFR 1910.7 for expanding the recognition to include the addition
of these twenty test standards for NRTL testing and certification
listed above. This preliminary finding does not constitute an interim
or temporary approval of SGS's applications.
    OSHA welcomes public comment as to whether SGS meets the
requirements of 29 CFR 1910.7 for expansion of the recognition as a
NRTL. OSHA additionally welcomes comments on the proposal to add four
additional test standards to the NRTL Program's list of appropriate
test standards. Comments should consist of pertinent written documents
and exhibits. Commenters needing more time to comment must submit a
request in writing, stating the reasons for the request. Commenters
must submit the written request for an extension by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer period. OSHA may deny a request for an extension if
the request is not adequately justified. To obtain or review copies of
the exhibits identified in this notice, as well as comments submitted
to the docket, contact the Docket Office, Room N-3653, Occupational
Safety and Health Administration, U.S. Department of Labor, at the
above address. These materials also are available online at http://www.regulations.gov under Docket No. OSHA-2006-0040.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health whether to grant SGS's applications for
expansion of the scope of recognition. The Assistant Secretary will
make the final decision on granting the applications. In making this
decision, the Assistant Secretary may undertake other proceedings
prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the
Federal Register.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912,
Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on February 27, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-04389 Filed 3-4-20; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1942-1943]
[FR Doc No: 2016-00601]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG16-34-000.
    Applicants: CPV Towantic, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of CPV Towantic, LLC.
    Filed Date: 1/7/16.
    Accession Number: 20160107-5194.
    Comments Due: 5 p.m. ET 1/28/16.

    Docket Numbers: EG16-35-000.
    Applicants: CPV Valley, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of CPV Valley, LLC.
    Filed Date: 1/7/16.
    Accession Number: 20160107-5195.
    Comments Due: 5 p.m. ET 1/28/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER16-168-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Tariff Amendment: Response to Deficiency Letter re
Penalty Gas Cost to be effective 12/31/9998.
    Filed Date: 1/7/16.
    Accession Number: 20160107-5178.

    Comments Due: 5 p.m. ET 1/19/16.

    Docket Numbers: ER16-694-000.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendments to Rate
Schedules--Noble County REMC to be effective 3/7/2016.
    Filed Date: 1/7/16.
    Accession Number: 20160107-5163.
    Comments Due: 5 p.m. ET 1/28/16.

    Docket Numbers: ER16-695-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
No. 321, SRSG Participation Agreement to be effective 3/9/2016.
    Filed Date: 1/8/16.
    Accession Number: 20160108-5053.
    Comments Due: 5 p.m. ET 1/29/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 8, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-00601 Filed 1-13-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Rules and Regulations]
[Pages 72019-72020]
[FR Doc No: 2013-28697]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0937]

Special Local Regulation; Southern California Annual Marine
Events for the San Diego Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Mission Bay Parade of Lights
special local regulations during this year's parade held on December
14, 2013. This event occurs on Mission Bay in San Diego, CA. These
special local regulations are necessary to provide for the safety of
the participants, crew, spectators, sponsor vessels of the parade, and
general users of the waterway. During the enforcement period, persons
and vessels are

prohibited from entering into, transiting through, or anchoring within
this regulated area unless authorized by the Captain of the Port, or
his designated representative.

DATES: This rule is effective from 6 p.m. to 9 p.m. on December 14,
2013.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Petty Officer Bryan Gollogly, Waterways Management, U.S.
Coast Guard Sector San Diego, CA; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.1101 in support of the Mission Bay
Parade of Lights (Item 6 on Table 1 of 33 CFR 100.1101). The Coast
Guard will enforce the special local regulations on the navigable
waters of Mission Bay to include Quivira Basin and Sail Bay on December
14, 2013 from 6 p.m. to 9 p.m.
    Under the provisions of 33 CFR 100.1101, persons and vessels are
prohibited from entering into, transiting through, or anchoring within
this regulated area unless authorized by the Captain of the Port, or
his designated representative. The Coast Guard may be assisted by other
Federal, State, or local law enforcement agencies in enforcing this
regulation.
    This notice is issued under authority of 5 U.S.C. 552 (a) and 33
CFR 100.1101. In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of this enforcement period via the Local Notice to
Mariners and local advertising by the event sponsor.
    If the Captain of the Port Sector San Diego or his designated
representative determines that the regulated area need not be enforced
for the full duration stated on this notice, he or she may use a
Broadcast Notice to Mariners or other communications coordinated by the
event sponsor to grant general permission to enter the regulated area.

    Dated: November 14, 2013.
S. M. Mahoney,
Captain, U. S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-28697 Filed 11-29-13; 8:45 am]
BILLING CODE 9110-04-P


Meeting to Discuss MACT Data and MACT Analysis

Proposed Portland Cement NESHAP

May 7, 2010

Meeting Date:	May 7, 2010

Participants:

US EPA

Keith Barnett, SPPD

Peter Tsirigotis, SPPD

Sharon Nizich, SPPD

RTI

Breda Munoz

Mike Laney

Cement Industry

Andy O’Hare, PCA

Hector Ybanez, Holcim

William Mills, Mills Consulting

Curtis Lesslie, Ash Grove

Nancy Garnett, TXI

Brett Lindsay, Phoenix Cement

John Holmes, Consultant to PCA

Tom Rader, Buzzi Unicem

Satish Sheth, CEMEX

Mike Pelan, Lafarge

This meeting continued discussions on statistical issues related to determining variability for setting the floor levels for PM, HCl, mercury, and THC.

A presentation is attached.


[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33488-33489]
[FR Doc No: 2017-15242]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-468-000]

Texas Eastern Transmission, LP; Notice of Application for
Certificate of Public Convenience and Necessity

    Take notice that on June 30, 2017, Texas Eastern Transmission, LP
(Texas Eastern), 5400 Westheimer Court, Houston, Texas 77056, filed
with the Federal Energy Regulatory Commission an abbreviated
application under section 7 of the Natural Gas Act requesting a
Certificate of Public Convenience and Necessity authorizing Texas
Eastern to excavate, elevate, and replace four different sections of
pipelines and appurtenant facilities located in Marshall County, West
Virginia due to planned long-wall mining activities in October 2018
known as the Marshall County Mine Panel 18W Project. Texas Eastern
seeks authorization to perform work due to the anticipated long-wall
mining activities of Marshall County Coal Company in Panel 18W of its
Marshall County Mine, all as more fully set forth in the application
which is on file with the Commission and open to public inspection.
    The filing may also be viewed on the web at http://www.ferc.gov
using the ``e-Library'' link. Enter the docket number excluding the
last three digits in the docket number field to access the document.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Any questions regarding this application may be directed to Lisa A.
Connolly, Director, Rates and Certificates, Texas Eastern Transmission,
LP, P.O. Box 1642, Houston, Texas 77251-1642; Phone:<PHONE_NUMBER>, or
Fax:<PHONE_NUMBER>, or email<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888

First Street NE., Washington, DC 20426, a motion to intervene in
accordance with the requirements of the Commission's Rules of Practice
and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the
NGA (18 CFR 157.10). A person obtaining party status will be placed on
the service list maintained by the Secretary of the Commission and will
receive copies of all documents filed by the applicant and by all other
parties. A party must submit five copies of filings made with the
Commission and must mail a copy to the applicant and to every other
party in the proceeding. Only parties to the proceeding can ask for
court review of Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit original and five copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on August 3, 2017.

    Dated: July 13, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-15242 Filed 7-19-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Proposed Rules]
[Pages 79333-79338]
[FR Doc No: 2013-31186]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1066; Directorate Identifier 2013-NM-021-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2000-12-
12, for certain Airbus Model A300, A300-600, and A310 series airplanes.
AD 2000-12-12 currently requires inspecting to detect cracks in the
lower spar axis of the nacelle pylon between ribs 9 and 10, and repair
if necessary. AD 2000-12-12 also provides for optional modification of
the pylon, which terminates the inspections for Model A300 series
airplanes. Since we issued AD 2000-12-12, we have received reports of
cracking of the lower pylon spar after accomplishing the existing
modification and have determined that shorter initial and repetitive
inspection compliance times are necessary to address the identified
unsafe condition. This proposed AD would reduce the initial and
repetitive inspection compliance times. We are proposing this AD to
detect and correct fatigue cracking, which could result in reduced
structural integrity of the lower spar of the nacelle pylon.

DATES: We must receive comments on this proposed AD by February 13,
2014.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS, Airworthiness Office--EAW, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-1066;
Directorate Identifier 2013-NM-021-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD 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 proposed AD.

Discussion

    On June 9, 2000, we issued AD 2000-12-12, Amendment 39-11790 (65 FR
39072, June 23, 2000). That AD required actions intended to address an
unsafe condition on the products listed above. AD 2000-12-12 superseded
AD 95-10-03, Amendment 39-9220 (60 FR 25604, May 12, 1995).
    Since we issued AD 2000-12-12, Amendment 39-11790 (65 FR 39072,
June 23, 2000), The European Aviation Safety Agency (EASA), which is
the Technical Agent for the Member States of the European Community,
has issued EASA Airworthiness Directive 2013-0016, dated September 17,
2013 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Cracks were found between ribs 9 and 10 in the lower pylon spar
of A310 aeroplanes equipped with Pratt & Whitney (PW) engines.
    For A310, A300 and A300-600 aeroplanes and, in order to prevent
crack initiation, the implementation of a first inspection programme
of this area was required by DGAC [Direction G[eacute]n[eacute]rale
de l'Aviation Civile] France AD 1992-049-130(B) [which corresponds
to certain actions in FAA AD 2000-12-12, Amendment 39-11790 (65 FR
39072, June 23, 2000)], currently at Revision 4.
    General Electric (GE) and PW pylons on A300 aeroplanes are also
affected, due to similar design.
    After that [DGAC] AD was issued, prompted by new findings, a
specific inspection programme for A310 aeroplanes was introduced and
required by DGAC France AD 1999-237-285(B) [which corresponds to
certain actions in FAA AD 2000-12-12, Amendment 39-11790 (65 FR
39072, June 23, 2000)], which was subsequently superseded by EASA AD
2008-0008 [http://ad.easa.europa.eu/blob/easa_ad_2008_0008_superseded.pdf/AD_2008-0008_1], which introduced new thresholds
and intervals in the frame of the A310 extended service goal
exercise.
    Some cracks, which were discovered after the implementation of
the preventive modification, prompted Airbus to perform a new
Fatigue and Damage Tolerance analysis with a refined model of the
area with and without repair or preventive reinforcement before
crack appearance. Based on the results of this analysis, Airbus
revised the related Service Bulletins to introduce more restrictive
thresholds and intervals for curative and preventive repair
configuration.
    EASA issued AD 2013-0014 [http://ad.easa.europa.eu/blob/easa_ad_2013_0214.pdf/AD_2013-0014_1], which superseded DGAC France
AD 1992-049-130(B) and EASA AD 2008-0008, to mandate a new
inspection programme [including related investigative and corrective
actions].
    After EASA AD 2013-0014 was issued, further analysis allowed to
identify one A300 aeroplane model and one retrofitted A300 MSN
[manufacturer serial number] missing in the applicability chapter.
    For the reason described above, this [EASA] AD retains the
requirements of EASA AD 2013-0014, which is superseded, and
clarifies the Applicability section and adds one A300 model and one
A300 MSN.

The unsafe condition is fatigue cracking, which could result in reduced
structural integrity of the lower spar of the nacelle pylon. Related
investigative actions include additional eddy current and liquid
penetrant inspections for cracking. Corrective actions include
repairing cracking. For certain cracking lengths, repairs are described
as reinforcing the lower spar with a doubler. You may examine the MCAI
in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating it in Docket No. FAA-2013-1066.

Relevant Service Information

    Airbus has issued the following service bulletins. The actions
described in these service bulletins are intended to correct the unsafe
condition identified in the MCAI.
     Airbus Mandatory Service Bulletin A300-54-0071, Revision
04, dated April 11, 2013 (for Model A300 B2-203, B2K-3C, B4-103, B4-
203, and B4-2C airplanes).
     Airbus Mandatory Service Bulletin A300-54-6011, Revision
03, dated June 23, 2011 (for Model A300 B4-620, B4-622, and B4-622R
airplanes).
     Airbus Mandatory Service Bulletin A310-54-2016, Revision
06, dated January 16, 2013 (for Model A310-221, -222, -322, -324, and -
325 airplanes).
    The initial inspection compliance times for pre-repair and pre-
modification airplanes range between 3,300 total flight cycles or 6,600
total flight hours, whichever occurs first; and 9,000 total flight
cycles; depending on airplane configuration. The repetitive inspection
interval is 2,300 flight cycles or 4,700 flight hours, whichever occurs
first; or 2,500 flight cycles, depending on airplane configuration.
    The inspection compliance times for post-modification airplanes
range between 5,100 total flight cycles and 10,200 total flight hours,
whichever occurs first after the modification; and between 12,300 and
15,700 total flight hours, whichever occurs later after the
modification; depending on airplane configuration. The repetitive
inspection interval ranges between 8,700 total flight cycles and 9,800
total flight hours, whichever occurs first; and between 12,200 total
flight cycles and 23,400 total flight hours, whichever occurs first;
depending on airplane configuration.

    The inspection compliance times for post-repair airplanes range
between 2,100 flight cycles and 6,900 flight hours, whichever occurs
first after the repair; and between 7,600 flight cycles and 13,600
flight hours, whichever occurs later after the repair; depending on
airplane configuration. The repetitive inspection interval ranges
between 2,100 flight cycles and 2,700 flight hours, whichever occurs
first; and between 4,300 flight cycles and 14,700 flight hours,
whichever occurs first; depending on airplane configuration.

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 and service
information 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.
    In many FAA transport ADs, when the service information specifies
to contact the manufacturer for further instructions if certain
discrepancies are found, we typically include in the AD a requirement
to accomplish the action using a method approved by either the FAA or
the State of Design Authority (or its delegated agent).
    We have recently been notified that certain laws in other countries
do not allow such delegation of authority, but some countries do
recognize design approval organizations. In addition, we have become
aware that some U.S. operators have used repair instructions that were
previously approved by a State of Design Authority or a Design Approval
Holder (DAH) as a method of compliance with this provision in FAA ADs.
Frequently, in these cases, the previously approved repair instructions
come from the airplane structural repair manual or the DAH repair
approval statements that were not specifically developed to address the
unsafe condition corrected by the AD. Using repair instructions that
were not specifically approved for a particular AD creates the
potential for doing repairs that were not developed to address the
unsafe condition identified by the MCAI AD, the FAA AD, or the
applicable service information, which could result in the unsafe
condition not being fully corrected.
    To prevent the use of repairs that were not specifically developed
to correct the unsafe condition, this proposed AD would require that
the repair approval specifically refer to the FAA AD. This change is
intended to clarify the method of compliance and to provide operators
with better visibility of repairs that are specifically developed and
approved to correct the unsafe condition. In addition, we use the
phrase ``its delegated agent, or by the DAH with State of Design
Authority design organization approval, as applicable'' in this
proposed AD to refer to an DAH authorized to approve required repairs
for this proposed AD.

Differences Between This Proposed AD and the MCAI or Service
Information

    Although the MCAI and Airbus service information allow further
flight after cracks are found during compliance with the required
action, the new actions of this proposed AD would not permit further
flight if cracks are detected in the lower nacelle pylon spar. We have
determined that, because of the safety implications and consequences
associated with that cracking, any cracked lower pylon spar must be
repaired or modified before further flight. This difference has been
coordinated with the EASA.

Costs of Compliance

    We estimate that this proposed AD affects 91 airplanes of U.S.
registry.
    The actions that are required by AD 2000-12-12, Amendment 39-11790
(65 FR 39072, June 23, 2000), and retained in this proposed AD take
about 4 work-hours per product, at an average labor rate of $85 per
work-hour. Based on these figures, the estimated cost of the actions
that were required by AD 2000-12-12 is $340 per product.
    We also estimate that it would take about 12 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this proposed AD on U.S. operators to be $92,820, or $1,020
per product.
    In addition, we estimate that any necessary follow-on actions would
take about 60 work-hours and require parts costing $1,680, for a cost
of $6,780 per product. We have no way of determining the number of
aircraft that might need these actions.

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 proposed 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 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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 removing airworthiness directive (AD)

2000-12-12, Amendment 39-11790 (65 FR 39072, June 23, 2000), and adding
the following new AD:

Airbus: Docket No. FAA-2013-1066; Directorate Identifier 2013-NM-
021-AD.

(a) Comments Due Date

    We must receive comments by February 13, 2014.

(b) Affected ADs

    This AD supersedes AD 2000-12-12, Amendment 39-11790 (65 FR
39072, June 23, 2000).

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category.
    (1) Airbus Model A300 B2-203, B2K-3C, B4-103, B4-203, and B4-2C
airplanes on which Airbus modification 2434 has been embodied in
production.
    (2) Airbus Model A300 airplane having manufacturer serial number
125, on the left hand side pylon only.
    (3) Airbus Model A300 B4-620, B4-622R, and B4-622 airplanes,
except for airplanes on which Airbus Modification 10149 has been
embodied in production.
    (4) Airbus Model A310-221, -222, -322, -324, and -325 airplanes,
except for airplanes on which Airbus Modification 10149 has been
embodied in production.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Reason

    This AD was prompted by reports of cracking of the lower nacelle
pylon spar after accomplishing an existing modification. We are
issuing this AD to detect and correct fatigue cracking, which could
result in reduced structural integrity of the lower spar of the
nacelle pylon.

(f) Compliance

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

(g) Retained Inspection and Corrective Action for Certain A300 Series
Airplanes

    This paragraph restates the requirements of paragraph (a) of AD
2000-12-12, Amendment 39-11790 (65 FR 39072, June 23, 2000), with
revised repair instructions. For Model A300 B4-2C, B2K-3C, B2-203,
B4-103, and B4-203 series airplanes: Prior to the accumulation of
9,000 total landings, or within 500 landings after June 12, 1995
(the effective date of AD 95-10-03, Amendment 39-9220 (60 FR 25604,
May 12, 1995)), whichever occurs later, perform an internal eddy
current inspection to detect cracks in the lower spar axis of the
pylon between ribs 9 and 10, in accordance with Airbus Industrie
Service Bulletin A300-54-071, dated November 12, 1991; or Revision
1, dated October 15, 1993. Accomplishment of an inspection required
by paragraph (k), (l), or (m) of this AD terminates the inspection
requirements of this paragraph.
    (1) If no crack is found, repeat the inspection thereafter at
intervals not to exceed 2,500 landings.
    (2) If any crack is found that is less than or equal to 30
millimeters (mm): Perform subsequent inspections and repair in
accordance with the methods and times specified in Airbus Industrie
Service Bulletin A300-54-071, dated November 12, 1991; or Revision
1, dated October 15, 1993.
    (3) If any crack is found that is greater than 30 mm, but less
than 100 mm: Before further flight, repair in accordance with a
method approved by the Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate; or the European Aviation Safety
Agency (EASA) (or its delegated agent, or the Design Approval Holder
with EASA design organization approval, as applicable). For a repair
method to be approved, the repair approval must specifically refer
to this AD.
    (4) If any crack is found that is greater than or equal to 100
mm: Prior to further flight, repair in accordance with a method
approved by the Manager, International Branch, ANM-116; or EASA (or
its delegated agent, or the Design Approval Holder with EASA design
organization approval, as applicable). For a repair method to be
approved, the repair approval must specifically refer to this AD.
    (5) Accomplishment of the modification specified in Airbus
Industrie Service Bulletin A300-54-0079, dated October 15, 1993,
constitutes terminating action for the inspections required by
paragraph (g) of this AD.

(h) Retained Inspection and Corrective Action for Model A300-600 Series
Airplanes

    This paragraph restates the requirements of paragraph (b) of AD
2000-12-12, Amendment 39-11790 (65 FR 39072, June 23, 2000), with
revised repair instructions. For Model A300-600 B4-620, C4-620, B4-
622R, and B4-622 series airplanes: Except as provided by paragraph
(h)(5) of this AD, prior to the accumulation of 4,000 total
landings, or within 500 landings after June 12, 1995 (the effective
date of AD 95-10-03, Amendment 39-9220 (60 FR 25604, May 12, 1995)),
whichever occurs later, perform an internal eddy current inspection
to detect cracks in the lower spar axis of the pylon between ribs 9
and 10, in accordance with Airbus Industrie Service Bulletin A300-
54-6011, dated November 12, 1991, as amended by Airbus Industrie
Service Bulletin Change Notice O.A., dated July 10, 1992; or
Revision 1, dated October 15, 1993. Accomplishment of an inspection
required by paragraph (k), (l), or (m) of this AD terminates the
inspection requirements of this paragraph.
    (1) If no crack is found, repeat the inspection thereafter at
intervals not to exceed 2,500 landings.
    (2) If any crack is found that is less than or equal to 30 mm:
Perform subsequent inspections and repair in accordance with the
methods and times specified in Airbus Industrie Service Bulletin
A300-54-6011, dated November 12, 1991, as amended by Airbus
Industrie Service Bulletin Change Notice O.A., dated July 10, 1992;
or Revision 1, dated October 15, 1993.
    (3) If any crack is found that is greater than 30 mm, but less
than 100 mm: Before further flight, repair in accordance with a
method approved by the Manager, International Branch, ANM-116; or
the European Aviation Safety Agency (EASA) (or its delegated agent,
or the Design Approval Holder with EASA design organization
approval, as applicable). For a repair method to be approved, the
repair approval must specifically refer to this AD.
    (4) If any crack is found that is greater than or equal to 100
mm: Prior to further flight, repair in accordance with a method
approved by the Manager, International Branch, ANM-116; or the
European Aviation Safety Agency (EASA) (or its delegated agent, or
the Design Approval Holder with EASA design organization approval,
as applicable). For a repair method to be approved, the repair
approval must specifically refer to this AD.
    (5) Accomplishment of the modification specified in Airbus
Industrie Service Bulletin A300-54-6019, dated October 15, 1993,
increases the threshold and repetitive interval of the inspections
required by paragraph (h) of this AD to the threshold and interval
specified in paragraph 2.D. of the Accomplishment Instructions of
Airbus Industrie Service Bulletin A300-54-6011, Revision 1, dated
October 15, 1993.

(i) Retained Inspection and Corrective Action for Model A310 Series
Airplanes

    This paragraph restates the requirements of paragraph (c) of AD
2000-12-12, Amendment 39-11790 (65 FR 39072, June 23, 2000), with
revised repair instructions. For Model A310-221, -222, -322, -324,
and -325 series airplanes: Perform an internal eddy current
inspection to detect cracks in the lower spar axis of the pylon
between ribs 9 and 10, in accordance with Airbus Industrie Service
Bulletin A310-54-2016, dated November 12, 1991; or Revision 1, dated
October 15, 1993; or Revision 02, dated June 11, 1999; at the time
specified in paragraph (j) of this AD. Accomplishment of an
inspection required by paragraph (k), (l), or (m) of this AD
terminates the inspection requirements of this paragraph.
    (1) If no crack is found, repeat the inspection thereafter at
intervals not to exceed 2,500 landings.
    (2) If any crack is found that is less than or equal to 30 mm:
Perform subsequent inspections and repair in accordance with the
methods and times specified in Airbus Industrie Service Bulletin
A310-54-2016, dated November 12, 1991; or Revision 1, dated October
15, 1993; or Revision 02, dated June 11, 1999.
    (3) If any crack is found that is greater than 30 mm, but less
than 100 mm: Before further flight, repair in accordance with a
method approved by the Manager, International Branch, ANM-116; or
the European Aviation Safety Agency (EASA) (or its delegated agent,
or the Design Approval Holder with EASA design organization
approval, as applicable). For a repair method to be approved, the
repair approval must specifically refer to this AD.
    (4) If any crack is found that is greater than or equal to 100
mm: Prior to further flight, repair in accordance with a method
approved by the Manager, International Branch, ANM-116; or the
European Aviation Safety Agency

(EASA) (or its delegated agent, or the Design Approval Holder with
EASA design organization approval, as applicable). For a repair
method to be approved, the repair approval must specifically refer
to this AD.
    (5) Accomplishment of the modification specified in Airbus
Industrie Service Bulletin A310-54-2022, dated October 15, 1993; or
Revision 01, dated March 16, 1999; increases the threshold and
repetitive interval of the inspections required by paragraph (i) of
this AD to the threshold and interval specified in paragraph 2.D. of
the Accomplishment Instructions of Airbus Industrie Service Bulletin
A310-54-2016, Revision 02, dated June 11, 1999.

(j) Retained Compliance Time for Paragraph (i) of This AD

    This paragraph restates the requirements of paragraph (d) of AD
2000-12-12, Amendment 39-11790 (65 FR 39072, June 23, 2000), with no
changes. Perform the initial inspection required by paragraph (i) of
this AD at the earlier of the times specified by paragraphs (j)(1)
and (j)(2) of this AD.
    (1) Prior to the accumulation of 25,000 total landings, or
within 500 landings after June 12, 1995 (the effective date of AD
95-10-03, Amendment 39-9220 (60 FR 25604, May 12, 1995), whichever
occurs later.
    (2) At the applicable time specified by paragraph (j)(2)(i),
(j)(2)(ii), or (j)(2)(iii) of this AD.
    (i) For airplanes that have accumulated fewer than 10,000
landings as of July 28, 2000 (the effective date of AD 2000-12-12,
Amendment 39-11790 (65 FR 39072, June 23, 2000)): Perform the
inspection prior to the accumulation of 3,800 total landings, or
within 1,500 landings after July 28, 2000, whichever occurs later.
    (ii) For airplanes that have accumulated 10,000 total landings
or more, but fewer than 20,000 total landings, as of July 28, 2000
(the effective date of AD 2000-12-12, Amendment 39-11790 (65 FR
39072, June 23, 2000)): Perform the inspection within 1,000 landings
after July 28, 2000.
    (iii) For airplanes that have accumulated 20,000 total landings
or more as of July 28, 2000 (the effective date of AD 2000-12-12,
Amendment 39-11790 (65 FR 39072, June 23, 2000)): Perform the
inspection within 500 landings after July 28, 2000.

(k) New Repetitive Inspections for Cracking

    (1) For airplanes identified in paragraph (k)(2) of this AD:
Except as provided by paragraphs (n)(1) and (n)(4) of this AD, at
the applicable compliance time specified in paragraph 1.E.(2),
``Compliance,'' of the applicable service bulletin specified in
paragraph (k)(1)(i), (k)(1)(ii), or (k)(1)(iii) of this AD or within
100 flight cycles after the effective date of this AD, whichever
occurs later, do an eddy current inspection or liquid penetrant
inspection for cracking of the lower spar of the pylon between ribs
9 and 10; and do all applicable related investigative and corrective
actions; in accordance with the Accomplishment Instructions of the
applicable service bulletin specified in paragraph (k)(1)(i),
(k)(1)(ii), or (k)(1)(iii) of this AD, except as required by
paragraphs (n)(2) and (n)(3) of this AD. Do all applicable related
investigative and corrective actions before further flight. Repeat
the inspection of the lower spar of the pylon between ribs 9 and 10
thereafter at intervals not to exceed the applicable interval
specified in paragraph 1.E.(2), ``Compliance,'' of the applicable
service bulletin specified in paragraph (k)(1)(i), (k)(1)(ii), or
(k)(1)(iii) of this AD. Accomplishment of corrective actions
required by this paragraph terminates the repetitive inspections
required by this paragraph. Accomplishment of an inspection required
by this paragraph terminates the inspection requirements of
paragraphs (g), (h), and (i) of this AD. Accomplishment of the
optional modification specified in the applicable service bulletin
specified in paragraph (k)(1)(i), (k)(1)(ii), or (k)(1)(iii) of this
AD terminates the repetitive inspections required by this paragraph.
    (i) Airbus Mandatory Service Bulletin A300-54-0071, Revision 04,
dated April 11, 2013 (for Model A300 B2-203, B2K-3C, B4-103, B4-203,
and B4-2C airplanes).
    (ii) Airbus Mandatory Service Bulletin A310-54-2016, Revision
06, dated January 16, 2013 (for Model A310-221, -222, -322, -324,
and -325 airplanes).
    (iii) Airbus Mandatory Service Bulletin A300-54-6011, Revision
03, dated June 23, 2011 (for Model A300 B4-620, B4-622R, and B4-622
airplanes).
    (2) For airplanes that have not been modified or repaired with a
doubler as specified in the applicable service bulletin specified in
paragraph (k)(2)(i), (k)(2)(ii), or (k)(2)(iii) of this AD, do the
inspections required by paragraph (k)(1) of this AD.
    (i) Airbus Service Bulletin A300-54-0079 (for Model A300 B2-203,
B2K-3C, B4-103, B4-203, and B4-2C airplanes).
    (ii) Airbus Service Bulletin A310-54-2022 (for Model A310-221, -
222, -322, -324, and -325 airplanes).
    (iii) Airbus Service Bulletin A300-54-6019 (for Model A300 B4-
620, B4-622R, and B4-622 airplanes).

(l) New Repetitive Inspections for Post-Repair Airplanes

    For airplanes that have been repaired with a doubler as
specified in the applicable Airbus service bulletin specified in
paragraph (k)(1)(i), (k)(1)(ii), or (k)(1)(iii) of this AD: At the
applicable compliance time specified in paragraph 1.E.(2),
``Compliance,'' in the applicable service bulletin specified in
paragraph (k)(1)(i), (k)(1)(ii), or (k)(1)(iii) of this AD, except
as specified in paragraph (n)(1) and (n)(4) of this AD: Do an eddy
current inspection or liquid penetrant inspection for cracking of
the lower spar of the pylon between ribs 9 and 10, and do all
applicable corrective actions, in accordance with the Accomplishment
Instructions of the applicable service bulletin specified in
paragraph (k)(1)(i), (k)(1)(ii), or (k)(1)(iii) of this AD, except
as required by paragraph (n)(2) of this AD. Do all applicable
corrective actions before further flight. Repeat the inspection of
the lower spar of the pylon between ribs 9 and 10 thereafter at
intervals not to exceed the applicable interval specified in
paragraph 1.E.(2), ``Compliance,'' of the applicable service
bulletin specified in in paragraph (k)(1)(i), (k)(1)(ii), or
(k)(1)(iii) of this AD. Accomplishment of an inspection required by
this paragraph terminates the inspection requirements of paragraphs
(g), (h), and (i) of this AD.

(m) New Repetitive Inspections for Post-Modification Airplanes

    For airplanes that have been modified as specified in the
applicable Airbus service bulletin specified in paragraph (k)(1)(i),
(k)(1)(ii), or (k)(1)(iii): At the applicable compliance time
specified in paragraph 1.E.(2), ``Compliance,'' in the applicable
service bulletin specified in paragraph (k)(1)(i), (k)(1)(ii), or
(k)(1)(iii) of this AD, except as specified in paragraph (n)(1) and
(n)(4) of this AD: Do an eddy current inspection or liquid penetrant
inspection for cracking of the lower spar of the pylon between ribs
9 and 10; and do all applicable corrective actions; in accordance
with the Accomplishment Instructions of the applicable service
bulletin specified in paragraph (k)(1)(i), (k)(1)(ii), or
(k)(1)(iii) of this AD, except as required by paragraph (n)(2) of
this AD. Do all applicable corrective actions before further flight.
Repeat the inspection of the lower spar of the pylon between ribs 9
and 10 thereafter at intervals not to exceed the applicable interval
specified in paragraph 1.E.(2), ``Compliance,'' of the applicable
service bulletin specified in in paragraph (k)(1)(i), (k)(1)(ii), or
(k)(1)(iii) of this AD. Accomplishment of an inspection required by
this paragraph terminates the inspection requirements of paragraphs
(g), (h), and (i) of this AD.

(n) New Service Bulletin Exceptions

    (1) Where the service bulletins specified in paragraphs
(k)(1)(i), (k)(1)(ii), and (k)(1)(iii) of this AD specify a
compliance time ``from the publication date,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (2) If any crack is detected during any inspection required by
paragraph (k), (l), or (m) of this AD, and the service bulletin
specified in paragraph (k)(1)(i), (k)(1)(ii), or (k)(1)(iii) of this
AD specifies to contact the manufacturer: Before further flight,
repair the cracking using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or the European Aviation Safety Agency (EASA) (or its delegated
agent, or by the Design Approval Holder (DAH) with the EASA design
organization approval). For a repair method to be approved, the
repair approval must specifically refer to this AD.
    (3) Where the service bulletins specified in paragraphs
(k)(1)(i), (k)(1)(ii), and (k)(1)(iii) of this AD specify to contact
the manufacturer for inspection requirements: inspect using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the EASA (or its delegated agent, or
by the DAH with the EASA design organization approval). For an
inspection method to be approved, the approval must specifically
refer to this AD.
    (4) Where the ``Threshold'' column in the tables in paragraph
1.E., ``Compliance,'' of the service bulletins specified in
paragraphs (k)(1)(i), (k)(1)(ii), and (k)(1)(iii) of this AD
specifies a compliance time in flight cycles/

flight hours, this AD requires compliance within the corresponding
time in total flight cycles/total flight hours; except for tables
for post-repair and post-modification airplanes, this AD requires
compliance within the corresponding time after accomplishing the
repair or modification.

(o) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(k) of this AD, if those actions were performed before the effective
date of this AD using the applicable service bulletin specified in
paragraphs (o)(1) through (o)(4) of this AD.
    (1) Airbus Mandatory Service Bulletin A300-54-0071, Revision 02,
dated August 25, 2000 (for Model A300 B2-203, B2K-3C, B4-103, B4-
203, and B4-2C airplanes), which is not incorporated by reference in
this AD.
    (2) Airbus Mandatory Service Bulletin A300-54-0071, Revision 03,
dated October 5, 2012 (for Model A300 B2-203, B2K-3C, B4-103, B4-
203, and B4-2C airplanes), which is not incorporated by reference in
this AD.
    (3) Airbus Mandatory Service Bulletin A310-54-2016, Revision 04,
dated November 16, 2007; or Airbus Mandatory Service Bulletin A310-
54-2016, Revision 05, dated October 5, 2012 (for Model A310-221, -
222, -322, -324, and -325 airplanes), which are not incorporated by
reference in this AD.
    (4) Airbus Mandatory Service Bulletin A300-54-6011, Revision 02,
dated August 25, 2000 (for Model A300 B4-620, B4-622R, and B4-622
airplanes), which is not incorporated by reference in this AD.

(p) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International 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 Branch, send it
to ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM-
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW.,
Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
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. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or by the Design Approval Holder with a State of
Design Authority's design organization approval). For a repair
method to be approved, the repair approval must specifically refer
to this AD. You are required to ensure the product is airworthy
before it is returned to service.
    (3) Previous AMOCs: AMOCs approved previously for AD 2000-12-12,
Amendment 39-11790 (65 FR 39072, June 23, 2000), are approved as
AMOCs for the corresponding provisions of this AD.

(q) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2013-
0216, dated September 17, 2013, for related information. This MCAI
may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2013-1066.
    (2) For service information identified in this AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 19, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-31186 Filed 12-27-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 17, 2008 (Volume 73, Number 52)]
[Notices]
[Page 14291-14292]
[DOCID:fr17mr08-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57467; File No. SR-ISE-2008-23]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Cancellation Fees

March 11, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 3, 2008, the International Securities Exchange, LLC (``ISE''
or ``Exchange''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and II below, which Items have been prepared by the ISE. The ISE has
filed the proposed rule change as one establishing or changing a due,
fee, or other charge imposed by the ISE under Section 19(b)(3)(A)(ii)
of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE proposes to amend its Schedule of Fees regarding its
cancellation fee. The text of the proposed rule change is available on
the Exchange's Internet Web site (http://www.iseoptions.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 ISE 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 these statements may be examined at the places specified in
Item IV below. The ISE has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to amend the ISE's
cancellation fee. The Exchange currently has a cancellation fee of
$1.50 that applies to Electronic Access Members (``EAMs'') that
cancelled at least 500 orders in a month, for each order cancellation
in excess of the total number of orders such member executed that
month. All orders from the same clearing EAM executed in the same
series on the same side of the market at the same price within a 30
second period are aggregated and counted as one executed order for
purposes of this fee. Further, this fee is currently charged only to
customer orders. Broker-dealer orders, including non-member market
maker orders, are excluded from this fee. The Exchange notes that the
level of activity in the cancellation of orders continues to remain
quite large. The fee currently charged by the Exchange is insufficient
to offset the cost of administering and processing the large number of
cancellations on a monthly basis. The Exchange, therefore, proposes to
increase its cancellation fee from $1.50 to $1.75. This fee increase
will enable the ISE to recoup some of the costs of administering and
processing cancelled orders.
 2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4) of the Act \5\ that an exchange have
an equitable allocation of reasonable dues, fees, and other charges
among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change establishes or changes a
due, fee, or other charge imposed by the Exchange, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(2) \7\ thereunder. At any time within 60 days of the filing of the
proposed rule change the Commission may summarily abrogate such
proposed 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2008-23 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2008-23. This file
number should be included on the subject line if e-mail 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 Web site (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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the ISE. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2008-23 and should be
submitted on or before April 7, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

 [FR Doc. E8-5280 Filed 3-14-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33124-33126]
[FR Doc No: 2021-13344]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0354]
RIN 1625-AA00

Safety Zone; Ford Fireworks, Lake St. Clair, Harrison Twp, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary safety zones for
navigable waters in Detroit River and Lake St. Clair, MI. The safety
zones are necessary to protect spectators and vessels from potential
hazards associated with the Ford Fireworks Display. Entry of vessels or
persons into the zones is prohibited unless specifically authorized by
the Captain of the Port Detroit or their representative.

DATES: This rule is effective from 8 a.m. on June 24, 2021 through
11:59 p.m. on June 28, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0354 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Tracy Girard, U.S. Coast Guard;<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 doing so is impracticable since this
safety zone must be established by June 24, 2021 and the Coast Guard
did not receive notice of the event with sufficient time to undergo
notice and comment before that date. Thus, delaying the effective date
of this rule to wait for a comment period to run would be contrary to
the public interest and impracticable by inhibiting the Coast Guard's
ability to protect spectators and vessels from the hazards associated
with a fireworks display with a potential blast zone.
    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. Delaying the effective date of
this rule would be contrary to the rule's objectives in ensuring that
the potential safety hazards associated with the Ford Fireworks display
are effectively mitigated, and life and property on the navigable
waters in the vicinity are protected.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit
(COTP) has determined that potential hazards associated with the Ford
Fireworks display starting June 24, 2021, will be a safety concern
during the loading, transit, and execution of the Ford Fireworks. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
work is being completed.

IV. Discussion of the Rule

    This rule establishes three safety zones from 8 a.m. on June 24,
2021 through 11:59 p.m. June 28, 2021. In the case of inclement weather
on June 28, 2021, all three safety zones will be enforced the
subsequent day. The first of the three safety zones is established to
encompass all U.S. navigable waters of the Detroit River within a
1,300-foot radius of fireworks loading site at 42[deg]17.418' N,
083[deg]06.897' W (WGS 84). This first safety zone will be enforced
from 8 a.m. on June 24, 2021 through 8 a.m. on June 28, 2021. The
second safety zone is a 1,300-foot radius surrounding each barge while
transiting in U.S. waters of the Detroit River from the loading site to
the fireworks launch site on Lake St. Clair in the vicinity of the
beach at the Lake St. Clair Metro Park. The second safety zone will be
enforced from 8 a.m. through 7 p.m. on June 28, 2021. A third safety
zone is established to encompass all U.S. navigable waters of Lake St.
Clair within a 1,300-foot radius at the fireworks launch site in the
vicinity of the beach at Lake St. Clair Metro Park. The third safety
zone will be enforced from 7 p.m. through 11:59 p.m. on June 28, 2021.
The duration of these safety zones is intended to protect personel,
vessels, and the marine environment in these navigable waters while
fireworks are being prepared, ignited, and after the display in the
event of unexploded fireworks. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
not will be able to safely transit around these safety zones in certain
places which will impact a small designated area of the Detroit River
and Lake St. Clair River for various times thoughout the duration of
the 4 days. Moreover, the Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and the rule
would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this 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 determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone in various locations and times thoughout a 4 day period
that will prohibit entry within 1300 yards radius of fireworks barges.
It is categorically excluded from further review under paragraph
L[60(a)] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-
01, Rev. 1. A 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.

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.

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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0354 to read as follows:

Sec.  165.T09-0354  Safety Zones; Ford Fireworks, Lake St. Clair,
Harrison Twp, MI.

    (a) Location. The first of three safety zones is established to
encompass all U.S. navigable waters of the Detroit

River within a 1,000-foot radius of fireworks loading site at
42[deg]17.418' N, 083[deg]06.897' W (WGS 84). The second safety zone is
a 1,300 foot radius surrounding each barge while transiting in U.S.
waters of the Detroit River from the loading site to the fireworks
launch site on Lake St. Clair in the vicinity of the beach at the Lake
St. Clair Metro Park. A third safety zone is established to encompass
all U.S. navigable waters of Lake St. Clair within a 1,300-foot radius
at the fireworks launch site in the vicinity of the beach at Lake St.
Clair Metro Park.
    (b) Enforcement period. The first safety zone described in
paragraph (a) of this section will be enforced from 8 a.m. on June 24,
2021 through 8 a.m. on June 28, 2021. The second safety zone described
in paragraph (a) of this section will be enforced from 8 a.m. through 7
p.m. on June 28, 2021. The third safety zone described in paragraph (a)
of this section will be enforced from 7 p.m. through 11:59 p.m. on June
28, 2021. In the case of inclement weather on June 28, 2021, all three
safety zones will be enforced the subsequest day. The Captain of the
Port Detroit will announce specific enforcement periods for these
safety zones by Broadcast Notice to Mariners (BNM).
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within these safety
zones is prohibited unless authorized by the Captain of the Port
Detroit or a designated on-scene representative.
    (2) The safety zones are closed to all vessel traffic, except as
may be permitted by the COTP Detroit or a designated on-scene
representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant or petty officer or a
federal, state, or local law enforcement officer designated by the
Captain of the Port Detroit to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zones must contact the Captain of the Port Detroit or an on-scene
representative to obtain permission to do so. The Captain of the Port
Detroit or an on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Detroit or an on-scene representative.

    Dated: June 14, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2021-13344 Filed 6-23-21; 8:45 am]
BILLING CODE 9110-04-P