[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Proposed Rules]
[Pages 22883-22886]
[FR Doc No: 2018-10495]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0439; Product Identifier 2016-SW-074-AD]
RIN 2120-AA64

Airworthiness Directives; Sikorsky Aircraft Corporation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2017-14-
03 for Sikorsky Aircraft Corporation (Sikorsky) Model S-92A
helicopters. AD 2017-14-03 requires an inspection and reduces the
retirement lives of certain landing gear components. This proposed AD
would retain the requirements of AD 2017-14-03, reduce the retirement
lives of additional landing gear components, and require repeating the
inspection. The actions of this proposed AD are intended to prevent an
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 16, 2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0439; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this proposed AD, the economic evaluation, any comments received and
other information. The street address for Docket Operations (telephone
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.
    For service information identified in this proposed rule, contact
Sikorsky Aircraft Corporation, Customer Service Engineering, 124 Quarry
Road, Trumbull, CT 06611; telephone 1-800-Winged-S or<PHONE_NUMBER>;
email: [email protected]. You may review service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Dorie Resnik, Aviation Safety
Engineer, Boston ACO Branch, Compliance and Airworthiness Division,
1200 District Avenue, Burlington, Massachusetts 01803; telephone (781)
238-7693; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    We issued AD 2017-14-03, Amendment 39-18947 (82 FR 34838, July 27,
2017), for Sikorsky Model S-92A helicopters. AD 2017-14-03 was prompted
by Sikorsky's updated fatigue analysis of the nose and main landing
gear, which revealed that certain components require a reduced service
life. Therefore, AD 2017-14-03 requires reducing the retirement lives
of main landing gear (MLG) wheel axle part number (P/N) 2392-2334-001,
MLG and nose landing gear (NLG) threaded hinge pin P/N 2392-2311-003,
NLG cylinder P/N 2392-4006-005, NLG hinge pin P/N 2392-4312-003, and
landing gear actuator rod end P/N 2392-0876-901. AD 2017-14-03 also
requires a one-time visual and ultrasonic inspection of NLG airframe
fitting assembly P/N 92209-01101-041 once it has accumulated 31,600
landing cycles. Those actions are intended to detect and prevent cracks
or failure of any landing gear component, which could result in damage
and loss of control of the helicopter.
    When we issued AD 2017-14-03, we determined it would be an interim
action. Because Sikorsky's updated airworthiness limitations schedule
included a repetitive inspection of the NLG airframe fitting assemblies
P/N 92209-01101-041 every 1,989 landing cycles, we determined that the
planned compliance time for these inspections would allow enough time
to provide notice and opportunity for prior public comment on the
merits of the repetitive inspection. Also, the reduced retirement lives
for MLG cylinder P/N 2392-2006-005, MLG pin outboard P/N 2392-2312-003,
MLG bulkhead left-hand side (LHS) P/N 92201-08111-105, -107, and -109,
and MLG bulkhead right-hand side (RHS) P/N 92201-08111-106, -108, and -
110 were not included in AD 2017-14-03. We determined the age of the
existing Model S-92A fleet would also allow enough time to provide
notice and opportunity for public comment on the merits of the reduced
life limits. This proposed AD would require these inspections and
reduced life limits.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Related Service Information Under 1 CFR Part 51

    We reviewed Ultrasonic Inspection Technique No. UT 5077, Revision
0, dated July 25, 2014 (UT 5077). UT 5077 contains the inspection
method, equipment and materials, calibration, and inspection procedure
for performing an ultrasonic inspection of nose gear actuator fitting
P/N 92209-01101-101.
    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.

 Other Related Service Information

    We also reviewed Sikorsky S-92 Helicopter Alert Service Bulletin
92-32-004, Basic Issue, dated January 30, 2015 (ASB). The ASB describes
procedures for conducting a visual inspection of the NLG airframe
fitting assembly and an ultrasonic inspection by following the
procedures in UT 5077.

 Proposed AD Requirements

    This proposed AD would require removing the following components
from service:
     Any MLG wheel axle P/N 2392-2334-001 that has 22,300 or
more landing cycles.
     Any MLG or NLG threaded hinge pin P/N 2392-2311-003 that
has 26,100 or more landing cycles.
     Any NLG cylinder P/N 2392-4006-005 that has 26,300 or more
landing cycles.
     Any NLG hinge pin P/N 2392-4312-003 that has 26,700 or
more landing cycles.
     Any landing gear actuator rod end P/N 2392-0876-901 that
has 41,700 or more landing cycles.
     Any MLG cylinder P/N 2392-2006-005 that has 76,300 or more
landing cycles.
     Any MLG pin outboard P/N 2392-2312-003 that has 50,300 or
more landing cycles.
     Any MLG bulkhead LHS P/N 92201-08111-105, -107, and -109
that has 58,400 or more landing cycles.
     Any MLG bulkhead RHS P/N 92201-08111-106, -108, and -110
that has 58,400 or more landing cycles.
    For helicopters that have 31,600 or more landing cycles and an NLG
airframe fitting assembly P/N 92209-01101-041 installed, this proposed
AD would also require, before further flight and thereafter at
intervals not exceeding 1,989 landing cycles:
     Using a 10X or higher power magnifying glass, inspecting
each bushing and all visible surfaces of mating lug fittings adjacent
to each bushing for fretting, corrosion, wear, and scratches.
     Replacing the NLG airframe fitting assembly before further
flight if there is fretting, corrosion, wear, or a scratch more than
0.0005 inch deep.
     Ultrasonic inspecting the NLG actuator fitting and
replacing the NLG actuator fitting before further flight if there are
any anomalies.

Costs of Compliance

    We estimate that this AD will affect 80 helicopters of U.S.
Registry.
    We estimate that operators may incur the following costs in order
to comply with this AD. At an average labor rate of $85 per hour:
     Replacing a wheel axle P/N 2392-2334-001 would require 2
work-hours and required parts cost $22,000, for a cost per helicopter
of $22,170.
     Replacing a MLG or NLG threaded hinge pin P/N 2392-2311-
003 would require 1 work-hour and required parts cost $3,800, for a
cost per helicopter of $3,885.
     Replacing a NLG cylinder P/N 2392-4006-005 would require 1
work-hour and required parts cost $27,200, for a cost per helicopter of
$27,285.
     Replacing a NLG hinge pin P/N 2392-4312-003 would require
1 work-hour and required parts cost $4,400, for a cost per helicopter
of $4,485.
     Replacing a landing gear actuator rod end P/N 2392-0876-
901 would require 1 work-hour and required parts cost $900, for a cost
per helicopter of $985.
     Replacing a MLG cylinder P/N 2392-2006-005 would require 2
work-hours and required parts cost $33,100, for a cost per helicopter
of $33,270.
     Replacing a MLG pin outboard P/N 2392-2312-003 would
require 1 work-hour and required parts cost $4,300, for a cost per
helicopter of $4,385.
     Replacing a MLG bulkhead LHS P/N 92201-08111-105, -107,
and -109 would require 70 work-hours and required parts would cost
$12,550, for a cost per helicopter of $18,500.
     Replacing a MLG bulkhead RHS P/N 92201-08111-106, -108,
and -110 would require 70 work-hours and required parts would cost
$12,550, for a cost per helicopter of $18,500.
     Inspecting the NLG airframe fitting assembly P/N 92209-
01101-041 would require 8 work-hours, and required parts cost is
minimal, for a cost of $680 per helicopter and $54,400 for the U.S.
fleet, per inspection cycle.
     If required, replacing a NLG actuator fitting P/N 92209-
01101-101 would require 70 work-hours, and required parts cost $10,000,
for a cost per helicopter of $15,950.

 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 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, 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 to the extent that
it justifies making a regulatory distinction; 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 an economic 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)
2017-14-03, Amendment 39-18947 (82 FR 34838, July 27, 2017) and adding
the following new AD:

Sikorsky Aircraft Corporation (Sikorsky): Docket No. FAA-2018-0439;
Product Identifier 2017-SW-074-AD.

(a) Applicability

    This AD applies to Sikorsky Model S-92A helicopters,
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as fatigue failure of the
landing gear. This condition could result in failure of the landing
gear and subsequent damage to and loss of control of the helicopter.

(c) Affected ADs

    This AD replaces AD 2017-14-03, Amendment 39-18947 (82 FR 34838,
July 27, 2017).

(d) Comments Due Date

    We must receive comments by July 16, 2018.

(e) Compliance

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

 (f) Required Actions

    (1) Before further flight, remove from service any part that has
accumulated the number of landing cycles listed in Table 1 to
paragraph (f)(1) of this AD. Thereafter, remove from service any
part before accumulating the number of landing cycles listed in
Table 1 to paragraph (f)(1) of this AD. For purposes of this AD, a
landing cycle is counted anytime the helicopter lifts off into the
air and then lands again regardless of the duration of the landing
and regardless of whether the engine is shut down. If the number of
landing cycles in unknown, multiply the number of hours time-in-
service by 4.5 to determine the number of landing cycles.
[GRAPHIC] [TIFF OMITTED] TP17MY18.007

    (2) For helicopters with 31,600 or more landing cycles and an
NLG airframe fitting assembly P/N 92209-01101-041 installed, before
further flight and thereafter at intervals not to exceed 1,989
landing cycles:
    (i) Using a 10X or higher power magnifying glass, inspect each
bushing (P/N 92209-01101-102 and P/N 92209-01101-103) and all
visible surfaces of mating lug fittings adjacent to each bushing for
fretting, corrosion, wear, and scratches. If there is fretting,
corrosion, wear, or a scratch more than 0.0005 inch deep, replace
the NLG airframe fitting assembly before further flight.
    (ii) Ultrasonic inspect each NLG actuator fitting P/N 92209-
01101-101 in accordance with Sikorsky Ultrasonic Inspection
Technique No. UT 5077, Revision 0, dated July 25, 2014 (UT 5077),
except you are not required to report to or contact Sikorsky. If
there are any anomalies or suspect indications, replace the NLG
actuator fitting before further flight.

    Note 1 to paragraph (f)(2)(ii) of this AD:  A copy of UT 5077 is
attached to Sikorsky S-92 Helicopter Alert Service Bulletin 92-32-
004, Basic Issue, dated January 30, 2015.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston ACO Branch, FAA, may approve AMOCs for
this AD. Send your proposal to: Dorie Resnik, Aviation Safety
Engineer, Boston ACO Branch, Compliance and Airworthiness Division,
1200 District Avenue, Burlington, Massachusetts 01803; telephone
(781) 238-7693; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(h) Additional Information

    Sikorsky S-92 Helicopter Alert Service Bulletin 92-32-004, Basic
Issue, dated January 30, 2015, which is not incorporated by
reference, contains additional information about the subject of this
AD. For service

information identified in this AD, contact Sikorsky Aircraft
Corporation, Customer Service Engineering, 124 Quarry Road,
Trumbull, CT 06611; telephone 1-800-Winged-S or<PHONE_NUMBER>; email:
[email protected]. You may review this service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 3200 Main Landing
Gear and 3220 Nose Landing Gear.

    Issued in Fort Worth, Texas, on May 9, 2018.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2018-10495 Filed 5-16-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Rules and Regulations]
[Pages 52604-52605]
[FR Doc No: 2021-20321]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0478; Airspace Docket No. 21-AWP-28]
RIN 2120-AA66

Establishment of Class E Airspace; Mesa Del Rey Airport, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Mesa Del Rey Airport, King City, CA. The
establishment of Class E airspace supports the airport's transition
from visual flight rules (VFR) to instrument flight rules (IFR)
operations.

DATES: Effective 0901 UTC, December 2, 2021. 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 Airspace Policy Group, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order 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_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

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
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 establishes Class E airspace at Mesa Del Rey Airport, King City,
CA, to ensure the safety and management of IFR operations at the
airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 34663; June 30, 2021) for Docket No. FAA-2021-0478 to
establish Class E airspace at Mesa Del Rey Airport, King City, CA.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E5 airspace designations are published in paragraph 6005 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 Class
E airspace designation listed in this document will be published
subsequently in the Order.

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 amendment to 14 CFR part 71 establishes Class E airspace
extending upward from 700 feet above the surface at Mesa Del Rey
Airport, King City, CA. This airspace is designed to contain IFR
departure to 1,200 feet above the surface and IFR arrivals descending
below 1,500 feet above the surface. The establishment of Class E
airspace supports the airport's transition from VFR to IFR operations.
    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, is non-controversial, and unlikely to result in adverse or
negative comments. It, therefore: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would 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 qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant the preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of 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 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP CA E5 King City, CA [New]

Mesa Del Rey Airport, CA
    (Lat. 36[deg]13'43'' N, long. 121[deg]07'17'' W)

    That airspace extending upward from 700 feet above the surface
within a 3.7-mile radius of the airport, and within 4.1 miles each
side of the 126[deg] bearing from the airport extending from the
airport to 12.8 miles southeast of the airport, and within 3.7 miles
each side of the 332[deg] bearing from the airport extending from
the 3.7-mile radius to 9.3 miles northwest of the airport.

    Issued in Des Moines, Washington, on September 15, 2021.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-20321 Filed 9-21-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58707-58709]
[FR Doc No: 2017-26833]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1103; Product Identifier 2014-NM-063-AD; Amendment
39-19128; AD 2017-25-14]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Fokker
Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD requires
contacting the FAA to obtain instructions for addressing the unsafe
condition on these products, and doing the actions specified in those
instructions. This AD was prompted by a report of an engine multiple
fan blade-off (MFBO) event, caused by engine fan flutter. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective December 29, 2017.
    We must receive comments on this AD by January 29, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: 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.

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-2017-
1103; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057-3356; telephone:<PHONE_NUMBER>; fax: 425-
227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2014-0055, dated March 7, 2014 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for Fokker Services B.V. Model F28 Mark 0070 and 0100
airplanes. The MCAI states:

    In 2008, EASA issued AD 2008-0088 to require installation of a
modified normal maximum (second) detent reverse thrust on F28 Mark
0100 aeroplanes equipped with TAY 620 engines, except those already
modified in accordance with Fokker Services Service Bulletin (SB)
SBF100-76-016.
    Since that [EASA] AD was issued, the investigation into a TAY
620 Multiple Fan Blade-Off (MFBO) event in September 2012 determined
that fan flutter was the root cause. It was also determined that,
under certain conditions, fan flutter can develop on TAY 620 engines
when the N1 engine speed stabilizes within the range of 54 to 72%
for more than 7.5 seconds during reverse thrust operation.
    This condition, if not corrected, may lead to further MFBO
events, possibly resulting in damage to the aeroplane.
    To address this potential unsafe condition, Fokker Services
published SBF100-76-022 which provides instructions for removing the
normal maximum (second) detent reverse thrust position and for
changing the Airplane Flight Manual (AFM) of the affected
aeroplanes.
    For the reasons described above, this [EASA] AD supersedes EASA
AD 2008-0088 and requires removal of the normal maximum (second)
detent reverse thrust position and introduction of changes to the
AFM.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1103.

FAA's Determination and Requirements of This 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. We are
issuing this AD because we evaluated all pertinent information and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we
find good cause that notice and opportunity for prior public comment
are unnecessary. In addition, for the reason(s) stated above, we find
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2017-1103; Product
Identifier 2014-NM-063-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. This AD
requires contacting the FAA to obtain instructions for addressing the
unsafe condition, and doing the actions specified in those
instructions. Based on the actions specified in the MCAI AD, we are
providing the following cost estimates for an affected airplane that is
placed on the U.S. Register in the future:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost           Parts cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Modification, Aircraft Maintenance       Up to 5 work-hours x $85               $0  Up to $425.
 Manual/AFM updates.                      per hour = $425.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2017-25-14 Fokker Services B.V.: Amendment 39-19128; Docket No. FAA-
2017-1103; Product Identifier 2014-NM-063-AD.

(a) Effective Date

    This AD becomes effective December 29, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Fokker Services B.V. airplanes,
certificated in any category, identified in paragraphs (c)(1) and
(c)(2) of this AD.
    (1) Model F28 Mark 0070 airplanes, all serial numbers.

    (2) Model F28 Mark 0100 airplanes equipped with Rolls-Royce
Deutschland TAY-620-15 engines.

(d) Subject

    Air Transport Association (ATA) of America Code 76, Engine
controls.

(e) Reason

    This AD was prompted by a report of an engine multiple fan
blade-off (MFBO) event, caused by engine fan flutter. We are issuing
this AD to prevent engine MFBO events, which could lead to
structural damage and possible reduced controllability of the
airplane.

(f) Compliance

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

(g) Required Action(s)

    Within 30 days after the effective date of this AD, request
instructions from the Manager, International Section, Transport
Standards Branch, FAA, to address the unsafe condition specified in
paragraph (e) of this AD; and accomplish the action(s) at the times
specified in, and in accordance with, those instructions. Guidance
can be found in Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) AD 2014-0055, dated
March 7, 2014.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Section, Transport Standards Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the International Section, send it to the
attention of the person identified in paragraph (i)(2) of this AD.
Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.

(i) Related Information

    (1) Refer to MCAI EASA AD 2014-0055, dated March 7, 2014, for
related information. You may examine the MCAI on the internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2017-1103.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone:
425-227-1137; fax:<PHONE_NUMBER>.

(j) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on December 6, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-26833 Filed 12-13-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Notices]
[Page 63316]
[DOCID:fr30oc06-86]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Non-Project Use of Project Lands and
Waters and Soliciting Comments, Motions To Intervene, and Protests

October 20, 2006.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Non-Project Use Of Project Lands And Waters.
    b. Project No: 2232-528.
    c. Date Filed: October 13, 2006.
    d. Applicant: Duke Power, a division of Duke Energy Corporation.
    e. Name of Project: Catawba-Wateree Project.
    f. Location: This project is located on the Catawba and Wateree
Rivers, in nine counties in North Carolina (Burke, Alexander, McDowell,
Iredell, Caldwell, Lincoln, Catawba, Gaston, and Mecklenburg Counties)
and five counties in South Carolina (York, Chester, Lancaster,
Fairfield and Kershaw Counties). This project does not occupy any
Tribal or Federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a) 825(r)
and 799 and 801.
    h. Applicant Contact: Mr. Kelvin K. Reagan, Senior Lake Services
Representative; Duke Energy Corporation; P.O. Box 1006; Charlotte, NC;
28201-1006;<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Brian Romanek at<PHONE_NUMBER> or by e-mail:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and or motions: November 20, 2006.
    All documents (original and eight copies) should be filed with: Ms.
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Please include the project
number (P-2232-528) on any comments or motions filed. Comments,
protests, and interventions may be filed electronically via the
Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site under the ``e-Filing'' link.
The Commission strongly encourages e-filings.
    k. Description of Request: Duke Power, licensee for the Catawba-
Wateree Hydroelectric Project, has requested Commission authorization
to lease to the Old Wildlife Club Owners Association, Inc., 3.53 acres
of project lands for use as a Commercial/Residential Marina to serve
residents of the Old Wildlife Club Owners Subdivision. The Old Wildlife
Club Owners Subdivision is located on Lake James in McDowell County,
North Carolina. The proposal consists of 12 leased areas that would
accommodate a total of 12 cluster boat docks with seventy-seven (77)
boat slips. No dredging, shoreline stabilization (rip rap), or fuel-
dispensing docks are proposed.
    l. Location of the Application: This filing is available for review
at the Commission or may be viewed on the Commission's Web site at
http://www.ferc.gov, using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``Comments'', ``Recommendations
for Terms and Conditions'', ``Protest'', or ``Motion to Intervene'', as
applicable, and the Project Number of the particular application to
which the filing refers. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    p. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described applications. A copy of the
applications may be obtained by agencies directly from the Applicant.
If an agency does not file comments within the time specified for
filing comments, it will be presumed to have no comments. One copy of
an agency's comments must also be sent to the Applicant's
representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-18118 Filed 10-27-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Notices]
[Pages 32982-32983]
[FR Doc No: 2011-14007]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1971-DR; Docket ID FEMA-2001-0001]

Alabama; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Alabama (FEMA-1971-DR), dated April 28, 2011,
and related determinations.

DATES: Effective Date: April 28, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 28, 2011, the President declared a major disaster under the
authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as follows:

    I have determined that the damage in certain areas of the State
of Alabama resulting from severe storms, tornadoes, straight-line
winds, and flooding beginning on April 15, 2011, and continuing, is
of sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Alabama.

    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and
assistance for debris removal and emergency protective measures
(Categories A and B), including direct Federal assistance, under the
Public Assistance program in the designated areas, Hazard Mitigation
throughout the State, and any other forms of assistance under the
Stafford Act that you deem appropriate subject to completion of
Preliminary Damage Assessments (PDAs), unless you determine that the
incident is of such unusual severity and magnitude that PDAs are not
required to determine the need for supplemental Federal assistance
pursuant to 44 C.F.R. 206.33(d).
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance, Hazard Mitigation, and Other Needs Assistance
will be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Joe M. Girot, of FEMA is appointed
to act as the Federal Coordinating Officer for this declared disaster.
    The following areas of the State of Alabama have been designated as
adversely affected by this declared major disaster:

    Cullman, DeKalb, Franklin, Jefferson, Lawrence, Marshall,
Tuscaloosa, and Walker Counties for Individual Assistance.
    All 67 Counties in the State of Alabama for debris removal and
emergency protective measures (Categories A and B), including direct
Federal assistance, under the Public Assistance program.
    All counties within the State of Alabama are eligible to apply
for assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

    Dated: June 1, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-14007 Filed 6-6-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Proposed Rules]
[Pages 63981-63985]
[FR Doc No: 2022-22972]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0806]
RIN 1625-AA00

Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee, Florida

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This proposed rule would implement a special activities
provision of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021. The Coast Guard is proposing to
establish five temporary safety zones for the safe splashdown and
recovery of reentry vehicles launched by Space Exploration Technologies
Corporation (SpaceX) in support of National Aeronautics and Space
Administration (NASA) and privately chartered missions. The proposed
temporary safety zones are located within the Coast Guard District
Seven area of responsibility (AOR) offshore of Jacksonville, Daytona,
Cape Canaveral, Tampa, and Tallahassee, Florida. This proposed rule
would prohibit U.S.-flagged vessels from entering any of the temporary
safety zones unless authorized by the District Commander of the Seventh
Coast Guard District, a Coast Guard Captain of the Port, or a
designated representative. Foreign-flagged vessels would be encouraged
to remain outside the safety zones. This action is necessary to protect
vessels and waterway users from the potential hazards created by
reentry vehicle splashdowns and recovery operations in the U.S.
Exclusive Economic Zone (EEZ). It is also necessary to provide for the
safe recovery of reentry vehicles, and any personnel involved in
reentry services, after the splashdown. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before November 21, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0806 using the Federal Decision Making 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 Lieutenant Ryan Gilbert, District 7
Waterways Division (dpw), U.S. Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AOR Area of Responsibility
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
Sec.  Section
SpaceX Space Exploration Technologies Corporation
U.S. United States
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 1, 2021, the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283)
(Authorization Act) was enacted. Section 8343 (134 Stat. 4710) calls
for the Coast Guard to conduct a two-year pilot program to establish
and implement a process to establish safety zones to address special

activities in the U.S. Exclusive Economic Zone (EEZ).\1\ These special
activities include space activities \2\ carried out by United States
(U.S.) citizens. Terms used to describe space activities, including
launch, reentry site, and reentry vehicle, are defined in 51 U.S.C.
50902, and in this document.
---------------------------------------------------------------------------

    \1\ The Coast Guard defines the U.S. exclusive economic zone in
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
    \2\ Space Activities means space activities, including launch
and reentry, as such terms are defined in section 50902 of Title 51,
United States Code, carried out by United States citizens.
---------------------------------------------------------------------------

    The Coast Guard has long monitored space activities impacting the
maritime domain and taken actions to ensure the safety of vessels and
the public as needed during space launch \3\ operations. In conducting
this activity, the Coast Guard engages with other government agencies,
including the Federal Aviation Administration (FAA) and National
Aeronautics and Space Administration (NASA), and private space
operators, including Space Exploration Technologies Corporation
(SpaceX). This engagement is necessary to ensure statutory and
regulatory obligations are met to ensure the safety of launch
operations and waterway users.
---------------------------------------------------------------------------

    \3\ The term launch is defined in 51 U.S.C. 50902.
---------------------------------------------------------------------------

    During this engagement, the Coast Guard was informed of space
reentry vehicles and recovery operations in the U.S. EEZ. Section 50902
of 51 U.S.C. defines ``reentry vehicle'' as a vehicle designed to
return from Earth orbit or outer space to Earth, or a reusable launch
vehicle designed to return from Earth orbit or outer space to Earth,
substantially intact. SpaceX, a U.S. company, identified five reentry
sites \4\ within the U.S. EEZ of the Coast Guard District Seven area of
responsibility (AOR) expected to be used for the splashdown and
recovery of reentry vehicles. All of these sites are off the coast of
Florida (FL)--three are located in the Atlantic Ocean and two are
located in the Gulf of Mexico.
---------------------------------------------------------------------------

    \4\ Reentry site means the location on Earth to which a reentry
vehicle is intended to return (as defined in a license the FAA
Administrator issues or transfers under this chapter).
---------------------------------------------------------------------------

    On August 4, 2022, the Coast Guard published a temporary final rule
(TFR) \5\ in the Federal Register establishing five temporary safety
zones for the safe splashdown and recovery of reentry vehicles launched
by SpaceX in support of NASA missions. That TFR is effective through
December 31, 2022.
---------------------------------------------------------------------------

    \5\ See Coast Guard temporary final rule titled, ``Safety Zones
in Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and
Tallahassee, Florida'' (87 FR 47626).
---------------------------------------------------------------------------

    With this notice of proposed rulemaking, the Coast Guard is
proposing to establish 5 temporary safety zones for the safe splashdown
and recovery of reentry vehicles launched by SpaceX in support of NASA
missions from January 1, 2023 through February 4, 2024.
    The purpose of this rulemaking is to ensure the protection of
vessels and waterway users in the U.S. EEZ from the potential hazards
created by reentry vehicle splashdowns and recovery operations, and the
safe recovery of reentry vehicles and personnel involved in reentry
services.\6\ The Coast Guard is proposing this rulemaking under
authority of section 8343 of the Authorization Act.
---------------------------------------------------------------------------

    \6\ Reentry Services means (1) activities involved in the
preparation of a reentry vehicle and payload, crew (including crew
training), government astronaut, or space flight participant, if
any, for reentry; and (2) the conduct of a reentry.
---------------------------------------------------------------------------

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish five temporary safety
zones in the U.S. EEZ for the safe reentry vehicle splashdown and
recovery of reentry vehicles launched by SpaceX in support of NASA and
privately chartered missions from January 1, 2023 through February 4,
2024.
    The proposed temporary safety zones are located within the Coast
Guard District Seven AOR offshore of Jacksonville, Daytona, and Cape
Canaveral, FL, in the Atlantic Ocean, and Tampa and Tallahassee, FL, in
the Gulf of Mexico. The proposed rule would prohibit U.S.-flagged
vessels from entering any of the safety zones unless authorized by the
District Commander, a Coast Guard Captain of the Port (COTP), or a
designated representative. Because the safety zones are within the U.S.
EEZ, only U.S.-flagged vessels would be subject to enforcement.
However, all foreign-flagged vessels would be encouraged to remain
outside the safety zones.
    Three of the five proposed temporary safety zones are located off
the coast of FL in the Atlantic Ocean in the following areas: (1)
Approximately 65 nautical miles (NM) northeast from Jacksonville; (2)
29 NM northeast from Daytona; and (3) 17 NM east from Port Canaveral.
The remaining two proposed temporary safety zones are located off the
coast of FL in the Gulf of Mexico in the following areas: (1)
Approximately 58 NM northwest from Tampa Bay; and (2) 43 NM south from
Tallahassee. The Jacksonville, Daytona, Cape Canaveral, and Tampa
safety zones have an approximate area of 256 square miles, and are
diamond shaped with the top point of the diamond pointing to the North.
The Tallahassee safety zone is approximately 59 square miles in size
and is triangular in shape. The Tallahassee safety zone, as provided by
NASA and SpaceX, is the same size and shape as the other four safety
zones; however, only a portion of the safety zone is within the
jurisdiction of the Seventh Coast Guard District, so only the 59 square
miles is included in this proposed rule. The remaining portion of the
safety zone falls within the Coast Guard District Eight AOR.
    The coordinates for the safety zones are based on the furthest
north, east, south, and west points of the reentry vehicles splashdown
and are determined from data and modeling by SpaceX and NASA. The
coordinates take into account the trajectories of the reentry vehicles
coming out of orbit, the potential risk to the public, and the
proximity to medical facilities that meet NASA requirements. The
specific coordinates for the five temporary safety zones are presented
in the regulatory text at the end of this document.
    To the extent feasible, the District Commander, COTP,\7\ or
designated representative would inform the public of the activation of
the five temporary safety zones by Notice of Enforcement (NOE)
published in the Federal Register at least two days before the reentry
vehicle splashdown. The NOE would identify the approximate date(s)
during which a reentry vehicle splashdown and recovery operations would
occur. The District Commander or COTP Jacksonville would issue the NOEs
for the safety zones located in Jacksonville, Daytona, and Cape
Canaveral, FL. The District Commander or COTP St. Petersburg would
issue the NOEs for the safety zones located Tampa and Tallahassee, FL.
---------------------------------------------------------------------------

    \7\ The zones in the COTP Jacksonville AOR are Jacksonville,
Daytona, and Cape Canaveral, FL. And, the zones in the COTP St.
Petersburg AOR are Tampa and Tallahassee, FL.
---------------------------------------------------------------------------

    To the extent possible, twenty-four hours before a reentry vehicle
splashdown and recovery operations, the District Commander, COTP, or
designated representative would inform the public whether one of the
five safety zones would remain activated (subject to enforcement) until
announced by Broadcast Notice to Mariners (BNM) on VHF-FM channel 16,
and/or Marine Safety Information Bulletin (MSIB) (as appropriate) that
the safety zone is no longer subject to enforcement. The specific
temporary safety zone to be enforced would be based on varying mission
and environmental factors, including atmospheric conditions, sea state,
weather, and orbital calculations.

    The MSIB would include the geographic coordinates of the activated
safety zone, a map identifying the location of the activated safety
zone, and information related to potential hazards associated with a
reentry vehicle splashdown and recovery operations associated with
space activities, including marine environmental and public health
hazards, such the release of hydrazine and other potential oil or
hazardous substances.
    When the safety zone is activated, the District Commander, COTP, or
designated representative would be able to restrict U.S.-flagged vessel
movement including but not limited to transiting, anchoring, or mooring
within the safety zone to protect vessels from hazards associated with
space activities. The activated safety zone would ensure the protection
of vessels and waterway users from the potential hazards created by
reentry vehicle splashdowns and recovery operations. This includes
protection during the recovery of a reentry vehicle, and the protection
of personnel involved in reentry services and space support vessels.\8\
---------------------------------------------------------------------------

    \8\ Space Support Vessel means any vessel engaged in the support
of space activities. These vessels are typically approximately 170
feet in length, have a forward wheelhouse, and are equipped with a
helicopter pad and lifting crane.
---------------------------------------------------------------------------

    After a reentry vehicle splashdown, the District Commander, COTP,
or designated representative would grant general permission to come no
closer than 3 NM within the activated safety zone from any reentry
vehicle or space support vessel engaged in the recovery operations. The
recovery operations are expected to last approximately one hour. That
should allow for sufficient time to let any potential toxic materials
clear the reentry vehicle, recovery of the reentry vehicle by the space
support vessel, and address any potential medical evacuations for any
personnel involved in reentry services that were onboard the reentry
vehicle.
    Once a reentry vehicle and any personnel involved in reentry
services are removed from the water and secured onboard a space support
vessel, the District Commander, COTP, or designated representative
would issue a BNM on VHF-FM channel 16 announcing the activated safety
zone is no longer subject to enforcement. A photograph of a reentry
vehicle and space support vessel expected to use the reentry sites are
available in the docket.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration, and scope of the temporary safety zones. The
temporary safety zones are limited in size and location to only those
areas where reentry vehicles splashdown and recovery operations occur.
The safety zones are limited in scope, as vessel traffic would be able
to safely transit around the activated safety zone which will only
impact a small part of the U.S. EEZ within the Atlantic Ocean and Gulf
of Mexico. The proposed rule involves the establishment of five
temporary safety zones which would be activated two days before a
reentry vehicle splashdown and recovery operations. Twenty-four hours
before a reentry vehicle splashdown, the Coast Guard would inform the
public whether any of the five temporary safety zones would remain
activated. If one of the safety zones remains activated, the safety
zone would be enforced for four hours prior to a reentry vehicle
splashdown and remain activated until announced by Broadcast Notice to
Mariners on VHF-FM channel 16, and/or Marine Safety Information
Bulletin (as appropriate) that the safety zone is no longer subject to
enforcement. After the reentry vehicle splashdown, general permission
would be granted to come no closer than 3 NM within the activated
safety zone. There is a danger associated with fumes from the reentry
vehicle after it has splashed down. Once a reentry vehicle and any
personnel involved in reentry services are removed from the water and
secured onboard a space support vessel, the activated safety zone would
no longer be subject to enforcement. The activated safety zone would
ensure the protection of vessels and waterway users from the potential
hazards created by a reentry vehicle splashdown and recovery operations
and the recovery of a reentry vehicle, personnel involved in reentry
services, and space support vessel.

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.
    The safety zones are only expected to last a few hours from reentry
vehicle splashdown to recovery. Vessels will be able to transit around
the activated safety zone location during these recoveries. We do not
anticipate any significant economic impact resulting from activation of
the safety zones.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity, and that this proposed 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 proposed 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 potential effects of
this proposed 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 the
establishment of five temporary safety zones which would be activated
two days before a reentry vehicle splashdown and recovery operations.
Twenty-four hours before a reentry vehicle splashdown, one of the five
temporary safety zones would remain activated. If one of the safety
zones remains activated, the safety zone will be enforced four hours
prior to a reentry vehicle splashdown and remain activated until
announced by Broadcast Notice to Mariners on VHF-FM channel 16, and/or
Marine Safety Information Bulletin (as appropriate) that the safety
zone is no longer subject to enforcement. After a reentry vehicle
splashdown, general permission would be granted to come no closer than
3 NM within the activated safety zone. Once a reentry vehicle and any
personnel involved in reentry services are removed from the water and
secured onboard a space support vessel, the activated safety zone would
no longer be subject to enforcement. Normally such actions are
categorically excluded from further review under paragraph L60(a) 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.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0806 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; section 8343 of Pub. L. 116-
283, 134 Stat. 3388, 4710; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.2.

0
2. Add Sec.  165.T07-0806 to read as follows:

Sec.  165.T07-0806  Safety Zones in Reentry Sites; Jacksonville,
Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida.

    (a) Location. The coordinates used in this paragraph are based on
the World Geodetic System (WGS) 1984. The following areas are safety
zones:
    (1) Jacksonville Site. All waters from surface to bottom
encompassed within a line connecting the following points: Point 1,
thence to Point 2, thence to Point 3, thence to Point 4, and then back
to Point 1.

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

------------------------------------------------------------------------
Point 1.........................  31[deg]06'28'' N..  080[deg]15'00'' W
Point 2.........................  30[deg]55'01'' N..  080[deg]01'40'' W
Point 3.........................  30[deg]43'30'' N..  080[deg]15'00'' W
Point 4.........................  30[deg]55'01'' N..  080[deg]28'19'' W
------------------------------------------------------------------------

    (2) Daytona Site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, thence to Point 4, and then back to Point 1.

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

------------------------------------------------------------------------
Point 1.........................  29[deg]59'27'' N..  080[deg]40'01'' W

Point 2.........................  29[deg]48'00'' N..  080[deg]26'52'' W
Point 3.........................  29[deg]36'32'' N..  080[deg]40'01'' W
Point 4.........................  29[deg]48'00'' N..  080[deg]53'09'' W
------------------------------------------------------------------------

    (3) Cape Canaveral Site. All waters from surface to bottom
encompassed within a line connecting the following points: Point 1,
thence to Point 2, thence to Point 3, thence to Point 4, and then back
to Point 1.

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

------------------------------------------------------------------------
Point 1.........................  29[deg]02'27'' N..  080[deg]13'48'' W
Point 2.........................  28[deg]51'00'' N..  080[deg]00'46'' W
Point 3.........................  28[deg]39'32'' N..  080[deg]13'48'' W
Point 4.........................  28[deg]51'00'' N..  080[deg]26'49'' W
------------------------------------------------------------------------

    (4) Tampa Site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, thence to Point 4, and then back to Point 1.

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

------------------------------------------------------------------------
Point 1.........................  28[deg]17'27'' N..  083[deg]54'00'' W
Point 2.........................  28[deg]06'00'' N..  083[deg]41'02'' W
Point 3.........................  27[deg]54'32'' N..  083[deg]54'00'' W
Point 4.........................  28[deg]06'00'' N..  084[deg]06'57'' W
------------------------------------------------------------------------

    (5) Tallahassee Site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, and then back to Point 1.

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

------------------------------------------------------------------------
Point 1.........................  29[deg]22'38'' N..  084[deg]05'20'' W
Point 2.........................  29[deg]16'58'' N..  083[deg]58'55'' W
Point 3.........................  29[deg]06'20'' N..  084[deg]11'12'' W
------------------------------------------------------------------------

    (b) Definitions. As used in this section--
    District Commander means Commander of the Seventh Coast Guard
District.
    Captain of the Port means the Captain of the Port of Jacksonville
or the Captain of the Port of St. Petersburg.
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel; Coast Guard Representatives in the
Merrill Operations Center; and other officers designated by the
District Commander of the Seventh Coast Guard District or cognizant
COTP.
    Reentry Services means (1) activities involved in the preparation
of a reentry vehicle and payload, crew (including crew training),
government astronaut, or space flight participant, if any, for reentry;
and (2) the conduct of a reentry.
    Reentry vehicle means a vehicle designed to return from Earth orbit
or outer space to Earth, or a reusable launch vehicle designed to
return from Earth orbit or outer space to Earth, substantially intact.
    Space Support Vessel means any vessel engaged in the support of
space activities. These vessels are typically approximately 170 feet in
length, have a forward wheelhouse, and are equipped with a helicopter
pad and lifting crane.
    Splashdown means the landing of a reentry vehicle into a body of
water.
    (c) Regulations. (1) Because the safety zones described in
paragraph (a) of this section are within the U.S. Exclusive Economic
Zone, only U.S.-flagged vessels are subject to enforcement. All
foreign-flagged vessels are encouraged to remain outside the safety
zones.
    (2) In accordance with the general regulations in 33 CFR part 165,
subpart C, no U.S.-flagged vessel may enter the safety zones described
in paragraph (a) of this section unless authorized by the District
Commander, COTP, or designated representative, except as provided in
paragraph (d)(3) of this section.
    (d) Notification of Enforcement. (1) To the extent feasible, the
District Commander, COTP, or designated representative will inform the
public of the activation of the five safety zones described in
paragraph (a) of this section by Notice of Enforcement published in the
Federal Register at least two days before the splashdown.
    (2) To the extent possible, twenty-four hours before a reentry
vehicle splashdown, the District Commander, COTP, or designated
representative will inform the public if one of the five safety zones
described in paragraph (a) of this section will remain activated until
announced by Broadcast Notice to Mariners on VHF-FM channel 16, and/or
Marine Safety Information Bulletin (as appropriate) that the safety
zone is no longer subject to enforcement.
    (3) After a reentry vehicle splashdown, the District Commander,
COTP, or designated representative will grant general permission to
come no closer than 3 nautical miles of any reentry vehicle or space
support vessel engaged in the recovery operations, within the activated
safety zone described in paragraph (a) of this section.
    (4) Once a reentry vehicle, and any personnel involved in reentry
service, are removed from the water and secured onboard a space support
vessel, the District Commander, COTP, or designated representative will
issue a Broadcast Notice to Mariners on VHF-FM channel 16 announcing
the activated safety zone is no longer subject to enforcement.
    (e) Effective period. This section is effective from January 1,
2023 through February 4, 2024.

    Dated: October 17, 2022.
Tina J. Pena,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 2022-22972 Filed 10-20-22; 8:45 am]
BILLING CODE 9110-04-P