[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39398-39402]
[FR Doc No: 2012-16241]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2012-0405]
RIN 1625-AA00; 1625-AA08

Safety Zone and Special Local Regulation; 2012 Macy's 4th of July
Fireworks and Spectator Viewing Areas, Hudson River, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone and
temporary special local regulation (SLR) on the navigable waters of the
Hudson River in the vicinity of New York, NY for the 2012 Macy's 4th of
July Fireworks Display. The temporary safety zone and temporary SLR are
intended to restrict certain vessels from portions of the Hudson River
before, during and immediately after the fireworks event. This
regulation is necessary to provide for the safety of life on the
navigable waters by controlling vessel movement and to establish public
viewing areas for the fireworks event.

DATES: This rule is effective from 6:00 p.m. on July 4, 2012 until
11:00 p.m. on July 5, 2012. This rule will be enforced from 6 p.m.
until 11 p.m. on July 4, 2012, and if the fireworks display is
postponed due to inclement weather, it will be enforced from 6 p.m.
until 11 p.m. on July 5, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0405]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Kimberly Farnsworth, Coast Guard; Telephone (718)
354-4163, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    On November 9, 2011, we published a final rule entitled ``Special
Local Regulations and Safety Zones: Recurring Events in Captain of Port
New York Zone'' in the Federal Register (76 FR 69613). In that
rulemaking, the Coast Guard established a permanent safety zone for the
annual Macy's 4th of July Fireworks, listed in Table 1 to 33 CFR
165.160, entitled Macy's 4th of July Fireworks.
    On March 23, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulation; Macy's Fourth of July
Fireworks Display Spectator Viewing Areas; Hudson River; New York, NY''
in the Federal Register (77 FR 16978). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because the logistics of the event for
this year were not finalized and provided to the Coast Guard with
sufficient time to publish a NPRM followed by a final rule before the
effective date of the event. Immediate action is necessary to ensure
public safety due to the inherent hazards associated with launching
fireworks and the explosive nature of the fireworks display. Therefore
any delay in promulgating this regulation would reduce public safety
and is therefore contrary to the public interest.
    On Friday, April 27, 2012 the sponsor notified the Coast Guard that
it intended

to shift the fireworks display further south of the existing safety
zone established in Table 1 to 33 CFR 165.160.
    The sponsor advised that it intends to use four barges spaced 1500
feet apart in order to enhance safety and improve the visual effect of
the fireworks for the 2012 Macy's 4th of July Fireworks Display. The
sponsor further advised that because the command center for the event
will be located at Pier 64 in the vicinity of Chelsea Piers, it was
necessary to shift the fireworks display south on the Hudson River to
allow for constant monitoring and unobstructed view of the entire
display site and fallout areas. In previous years the command center
was located further north in the vicinity of Pier 88 at the Intrepid
Sea, Air and Space Museum. The sponsor requested that the Coast Guard
increase the size of the safety zone for the 2012 fireworks display.
    Based on the information received regarding the placement of the
launch platforms further south on the Hudson River, the fall out area
is outside of the existing safety zone established in Table 1 to 33 CFR
165.160 and will not meet the needs of this year's fireworks display.
    Therefore, to mitigate the potential danger to spectators, the
Coast Guard is establishing a temporary safety zone and temporary SLR.
Any delay or cancellation of the event in order to allow for a notice
and comment period is contrary to the public interest in having this
event occur on July 4, 2012 as scheduled.
    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 this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during the event and immediate action is necessary to
prevent possible loss of life or property. Also, a delay or
cancellation of the fireworks event in order to allow for publication
in the Federal Register is contrary to the public's interest in having
this event occur as scheduled.

B. Basis and Purpose

    The legal basis for the rule is 33 U.S.C. 1231, 1233; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; and Department of
Homeland Security Delegation No. 0170.1, which collectively authorizes
the Coast Guard to define regulatory safety zones and special local
regulations.
    This regulation is necessary to ensure the safety of vessels and
spectators from hazards associated with fireworks display. Based on the
inherent hazards associated with fireworks, the COTP New York has
determined that fireworks launches proximate to watercraft pose
significant risk to public safety and property. The combination of
increased numbers of recreation vessels, congested waterways, darkness
punctuated by bright flashes of light, and debris, especially burning
debris falling on passing or anchored spectator vessels has the
potential to result in serious injuries or fatalities. This regulation
temporarily establishes limited access areas to restrict vessel
movement around the location of the launch platforms to reduce the risk
associated with the launch of fireworks.

C. Discussion of the Final Rule

    The 2012 Macy's 4th of July Fireworks event is scheduled to occur
on the waters of the Hudson River, New York, NY. This rule establishing
a temporary safety zone and a temporary special local regulation is
necessary to ensure the safety of spectators and vessels from hazards
associated with the fireworks display.
    The fireworks display is scheduled to occur from 9:20 p.m. until
9:50 p.m. This rule will be enforced from 6:00 p.m. until 11:00 p.m. on
July 4, 2012 in order to ensure that the area is clear of persons and
vessels before the fireworks display begins, and to ensure that no
explosive hazards remain after the fireworks display ends. If the event
is cancelled due to inclement weather, then this regulation will be
enforced from 6:00 p.m. until 11:00 p.m. on July 5, 2012.
    The COTP New York will establish five limited access areas within
the boundary of the regulated area. Access to these areas will be
restricted to vessels of a certain size. The five limited access areas
are: (1) A ``spectator area'' designated ALPHA in which access is
limited to vessels less than 20 meters in length (65.6 ft); (2) a
``spectator area'' designated BRAVO in which access is limited to
vessels greater than 20 meters in length (65.6 ft); (3) a ``buffer
zone'' around the fireworks launch barges, designated area CHARLIE,
limited to all vessels tending the fireworks launch barges; (4) a
``spectator area'' designated DELTA in which access is limited to
vessels greater than 20 meters in length (65.6 ft); and (5) a
``spectator area'' designated ECHO in which access is limited to
vessels less than 20 meters in length (65.6 ft).
    Public notifications will be made to the local maritime community
prior to the event through the Local Notice to Mariners, and Broadcast
Notice to Mariners.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the limited time that vessels will be restricted from the
zone. The temporary safety zone and special local regulation will only
be in effect for approximately five hours during the evening. The Coast
Guard expects minimum adverse impact to mariners from the zone's
activation as the event has been extensively advertised to the public.
Also, mariners may request authorization from the COTP New York or the
designated representative to transit the zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of the Hudson River, in the vicinity of New
York, NY during the effective period.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect for only five hours on a single-day during the
late evening. Although the temporary safety zone and temporary special
local regulation will apply to the entire width of the river, vessel
traffic will be allowed to pass through the area with the permission of
the COTP New York or the designated representative. The event is well
known and extensive advertisement has allowed for public

notification. Also, before the effective period, we will issue maritime
advisories widely available to users of the waterway.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. 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.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have 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 establishment of a temporary safety
zone and a temporary special local regulation. This rule is
categorically excluded from further review under paragraph 34(g) and
34(h) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.T01-0405 to read as follows:

Sec.  100.T01-0405  Special Local Regulations; 2012 Macy's 4th of July
Fireworks Spectator Viewing Areas, Hudson River, New York, NY.

    (a) Regulated Area. The regulated area includes all navigable
waters of the Hudson River bounded by a line drawn from position
40[deg]46'39.48'' N, 073[deg]59'27.06'' W (West 66th Street, New York,
NY), west to position 40[deg]46'56.58'' N, 074[deg]00'12.04'' W (North
of Pier 9, Weehawken, NJ), then south along the New Jersey shoreline to
position 40[deg]46'8.78'' N, 074[deg]00'54.12'' W (north east corner of
Hanley Towers, Weehawken, NJ), then east to position 40[deg]45'51.55''
N, 074[deg]00'10.85'' W (pier 84, New York, NY), then along the

Manhattan shoreline north to the point of origin; as well as all
navigable waters of the Hudson River bounded by a line drawn from
position 40[deg]44'33.25'' N, 074[deg]01'38.48'' W (Stevens Institute
of Tech Tower, Castle Point, Hoboken, NJ), east to position
40[deg]44'29.41'' N, 074[deg]00'43.64'' W (Pier 54, New York, NY),
south along the Manhattan shore line to position 40[deg]43'36.09'' N,
074[deg]00'54.13'' W (Holland Tunnel Ventilator, Spring Street), and
west to position 40[deg]43'42.78'' N, 074[deg]01'35.92'' W (Holland
Tunnel Ventilator, Jersey City, NJ), then north to the point of origin.
All geographic coordinates are North American Datum of 1983 (NAD 83).
Within the overall regulated area defined above, the following are
individually defined areas subject to specific requirements:
    (1) Area ALPHA: all navigable waters of the Hudson River south of a
line drawn from position 40[deg]46'56.58'' N, 074[deg]00'12.04'' W
(North of Pier 9, Weehawken, NJ), east to position 40[deg]46'39.48'' N,
073[deg]59'27.06'' W (West 66th Street, New York, NY), and north of a
line drawn from position 40[deg]46'34.23'' N, 074[deg]00'36.81'' W
(Port Imperial Ferry Terminal, Weehawken, NJ), east to position
40[deg]46'14.64'' N, 073[deg]59'55.29'' W (Pier 94, New York, NY) (NAD
83).
    (2) Area BRAVO: all navigable waters of the Hudson River south of a
line drawn from position 40[deg]46'34.23''N 074[deg]00'36.81'' W (Port
Imperial ferry terminal, Weehawken, NJ), east to position
40[deg]46'14.64'' N, 073[deg]59'55.29'' W (Pier 94, New York, NY), and
north of a line drawn from position 40[deg]46'8.78'' N,
074[deg]00'54.12'' W (north east corner of Hanley Towers, Weehawken,
NJ), east to position 40[deg]45'51.55'' N, 074[deg]00'10.85'' W (Pier
84, New York, NY) (NAD 83).
    (3) Area DELTA: All navigable waters of the Hudson River north of a
line drawn from position 40[deg]44'5.78'' N, 074[deg]01'38.48'' W
(Hudson Tunnel Station Tower, Hoboken, NJ), then east to position
40[deg]44'02.97'' N, 074[deg]00'42.48'' W (Charles Street Pier, New
York, NY), and south of a line drawn from position 40[deg]44'29.41'' N,
074[deg]00'43.64'' W (Pier 54, New York, NY), then west to position
40[deg]44'33.25'' N, 074[deg]01'38.48'' W (Stevens Institute of Tech
Tower, Castle Point, Hoboken, NJ) (NAD 83).
    (4) Area ECHO: All navigable waters of the Hudson River north of a
line drawn from position 40[deg]43'42.78'' N, 074[deg]01'35.92'' W
(Holland Tunnel Ventilator, Jersey City, NJ), east to position
40[deg]43'36.08'' N, 074[deg]00'54.13'' W (Holland Tunnel Ventilator,
Spring Street, New York, NY), and south of a line drawn from position
40[deg]44'05.78'' N, 074[deg]01'38.48'' W (Hudson Tunnel Station Tower,
Hoboken, NJ), east to position 40[deg]44'02.97'' N, 074[deg]00'42.48''
W (Charles Street Pier, New York, NY) (NAD 83).
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP),
Sector NY, to act on his or her behalf. The designated representative
may be on an official patrol vessel or may be on shore and will
communicate with vessels via VHF-FM radio or loudhailer. In addition,
members of the Coast Guard Auxiliary may be present to inform vessel
operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP Sector New York.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (c) Special local regulations.
    (1) In accordance with the general regulations in Sec.  100.35 of
this part, entry into, transiting, or anchoring within the regulated
areas is prohibited, unless authorized by the COTP or the designated
representative.
    (2) Vessels are authorized by the COTP or the designated
representative to enter areas of this special location regulation in
accordance with the following restrictions:
    (i) Area ALPHA access is limited to vessels less than 20 meters
(65.6 ft) in length.
    (ii) Area BRAVO access is limited to vessels greater than 20 meters
(65.6 ft) in length.
    (iii) Area DELTA access is limited to vessels greater than 20
meters (65.6 ft) in length.
    (iv) Area ECHO access is limited to vessels less than 20 meters
(65.6 ft) in length.
    (3) All persons and vessels in the regulated areas shall comply
with the instructions of the COTP or the designated representative.
    (4) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    (5) Vessel operators desiring to enter or operate within the
regulated area should contact the COTP Sector NY at<PHONE_NUMBER>
(Sector NY Command Center) or the designated representative via VHF
channel 16 to obtain permission to do so.
    (6) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP Sector NY or designated representative.
    (7) The COTP Sector NY or designated representative may delay or
terminate any marine event in this subpart at any time if it is deemed
necessary to ensure the safety of life or property.
    (d) Enforcement period. This regulation will be enforced from 6
p.m. until 11 p.m. on July 4, 2012, and if the fireworks display is
postponed due to inclement weather, it will be enforced from 6 p.m.
until 11 p.m. on July 5, 2012.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for Part 165 continues to read as follows:

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

0
4. Add Sec.  165.T01-0405 to read as follows:

Sec.  165.T01-0405  Safety Zone; 2012 Macy's 4th of July Fireworks,
Hudson River, NY.

    (a) Regulated area. The following area is a temporary safety zone:
all navigable waters of the Hudson River bounded by a line drawn east
from position 40[deg]46'08.78'' N, 074[deg]00'54.12'' W (north east
corner of Hanley Towers, Weehawken, NJ); to position 40[deg]45'51.55''
N, 074[deg]00'10.85'' W (Pier 84, Manhattan, NY); thence south along
the Manhattan shoreline to position 40[deg]44'29.41'' N,
074[deg]00'43.64'' W (Pier 54, Manhattan, NY); then west to position
40[deg]44'33.25'' N, 074[deg]01'29.48'' W (Stevens Institute of Tech
Tower, Castle Point, Hoboken, NJ); then north along the New Jersey
shoreline and back to the point of origin. All geographic coordinates
are North American Datum of 1983 (NAD 83).
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port (COTP),
Sector NY, to act on his or

her behalf. The designated representative may be on an official patrol
vessel or may be on shore and will communicate with vessels via VHF-FM
radio or loudhailer. In addition, members of the Coast Guard Auxiliary
may be present to inform vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP Sector New York.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply. In
accordance with the general regulations in Sec.  165.23 of this part,
entry into or movement within this zone is prohibited unless authorized
by the COTP New York or the designated representative.
    (2) All persons and vessels in the regulated areas shall comply
with the instructions of the COTP or the designated representative.
    (3) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    (4) Vessel operators desiring to enter or operate within the
regulated area should contact the COTP Sector NY at<PHONE_NUMBER>
(Sector NY Command Center) or the designated representative via VHF
channel 16 to obtain permission to do so.
    (5) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP Sector NY or designated representative.
    (6) The COTP Sector NY or designated representative may delay or
terminate any marine event in this subpart at any time if it is deemed
necessary to ensure the safety of life or property.
    (d) Enforcement period. This regulation will be enforced from 6
p.m. until 11 p.m. on July 4, 2012. If the event is cancelled due to
inclement weather, then this regulation will be enforced from 6:00 p.m.
until 11:00 p.m. on July 5, 2012.

    Dated: June 12, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain of the Port New York.
[FR Doc. 2012-16241 Filed 7-2-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Notices]
[Page 58660]
[DOCID:fr16oc07-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Technical Conference and Extension of Comment Date

October 9, 2007.
    Direct Energy Services, LLC, Docket No. RC07-4-000.
    Sempra Energy Solutions LLC, Docket No. RC07-6-000.
    Strategic Energy, L.L.C., Docket No. RC07-7-000.
    Take notice that on October 12, 2007, a technical conference will
be held at the Federal Energy Regulatory Commission to discuss appeals
of the North American Electric Reliability Corporation's (NERC)
compliance registry determinations regarding Direct Energy Services,
LLC (Direct), Sempra Energy Solutions LLC (Sempra) and Strategic
Energy, L.L.C. (Strategic). This technical conference was established
in an Order Establishing Technical Conference in the above dockets,
issued September 26, 2007.\1\ It will be held at the headquarters of
the Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC from 11 a.m.-2 p.m. (EST).
---------------------------------------------------------------------------

    \1\ Direct Energy Services, LLC, et al., 120 FERC ] 61,280
(2007).
---------------------------------------------------------------------------

    The technical conference will consist of a discussion between
Commission staff and representatives of NERC and ReliabilityFirst
Corporation (ReliabilityFirst). Direct, Sempra and Strategic are also
invited to participate. The primary question to be addressed is whether
NERC has adequately justified its determination that ReliabilityFirst
properly registered Direct, Sempra and Strategic as load-serving
entities (LSEs).
    NERC and ReliabilityFirst will be asked to address issues
concerning the decision to register Direct, Sempra and Strategic,
including but not limited to: the nature and extent of any gap in
reliability that may result from their not being registered as an LSE;
the circumstances within the ReliabilityFirst region that justify their
registration as LSEs, while other Regional Entities have registered
retail power marketers only as purchasing-selling entities; the
identification of the Reliability Standard requirements that would
apply to a retail power marketer registered as an LSE; support for the
conclusions (i) that the loads served by Direct, Sempra and Strategic
are directly connected to the Bulk-Power System and (ii) that retail
power marketers within the ReliabilityFirst region, in the aggregate,
impact Bulk-Power System reliability; and alternative solutions for
addressing any reliability gaps that may be identified.
    The conference is open for the public to attend. The conference
will not be transcribed and telephone participation will not be
available.
    The Commission will accept written comments on the discussion at
this technical conference no later than 5 p.m. Eastern Time on October
29, 2007. Further, in notices of filing issued September 17, 2007, in
the above-captioned dockets, the Commission set an October 11, 2007
comment date for the submission of interventions, comments and
protests. The Commission is extending the comment date for the
submission of interventions, comments and protests in the above-
captioned dockets until October 29, 2007, to coincide with the comment
due date for comments on the discussion at the technical conference.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For more information about this conference, please contact: Sarah
McKinley, Office of External Affairs, Federal Energy Regulatory
Commission,<PHONE_NUMBER><EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. E7-20316 Filed 10-15-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Notices]
[Pages 6795-6796]
[FR Doc No: 2012-2999]

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

[FRL-9629-4]

Notification of a Public Meeting of the Science Advisory Board
(SAB) Animal Feeding Operations Emission Review Panel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The EPA Science Advisory Board (SAB) Staff Office announces a
public meeting of the SAB Panel to conduct a peer review on the EPA
documents, ``Draft--Development of Emissions Estimating Methodologies
for Broiler Animal Feeding Operations'' and ``Draft--Development of
Emissions Estimating Methodologies for Lagoons and Basins at Swine and
Dairy Animal Feeding Operations'' (February 2012 draft).

DATES: The SAB Panel meeting will be held on Wednesday, March 14, 2012
from 8:30 a.m. to 5:30 p.m. (Eastern Time), Thursday, March 15, 2012
from 8:30 a.m. to 5:30 p.m. (Eastern Time), and Friday, March 16, 2012
from 8:30 a.m. to 1 p.m. (Eastern Time).

ADDRESSES: The public meeting will be held at the Marriott at Research
Triangle Park hotel, 4700 Guardian Drive, Durham, North Carolina 27703,
(919) 941-6200.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wants
further information concerning the public meeting may contact Mr.
Edward Hanlon, Designated Federal Officer (DFO), via telephone at (202)
564-2134 or email at<EMAIL_ADDRESS>General information
concerning the SAB can be found on the EPA Web site at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION: The SAB was established pursuant to the
Environmental Research, Development, and Demonstration Authorization
(ERDDAA) Act, codified at 42 U.S.C. 4365 to provide independent
scientific and technical advice to the EPA Administrator on the
technical basis for EPA actions. Pursuant to Federal Advisory Committee
Act (FACA) and EPA policy, notice is hereby given that the SAB Animal
Feeding Operations Emission Review Panel will hold a public meeting to
peer review the EPA's documents, ``Draft--Development of Emissions-
Estimating Methodologies for Broiler Animal Feeding Operations''
(February 2012 draft), and ``Draft--Development of Emissions-Estimating
Methodologies for Lagoons and Basins at Swine and Dairy Animal Feeding
Operations'' (February 2012 draft). EPA's Office of Air and Radiation
developed the draft methodologies to address requirements of a
voluntary air compliance consent agreement signed in 2005 between EPA
and nearly 14,000 broiler, dairy, egg layer, and swine animal feeding
operations. As previously announced in a Federal Register Notice
(Volume 76, Number 70, Pages 54466-54467) published on September 1,
2011, EPA has requested the SAB to review EPA's emission estimating
methodologies, and the SAB sought nominations of experts to serve on
the SAB Panel. Information about the formation of the SAB Animal
Feeding Operation Emission Review Panel can be found on the SAB Web
site at http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/Animal%20Feeding%20Air%20Methods?OpenDocument. The SAB Animal Feeding
Operation Emission Review Panel will provide advice through the
chartered SAB and will comply with the provisions of FACA and all
appropriate SAB Staff Office procedural policies.
    Technical Contacts: Any technical questions concerning EPA's air
emission estimating methodologies for animal feeding operations, please
contact Mr. Larry Elmore of EPA's Office of Air Quality Planning and
Standards by phone at<PHONE_NUMBER>, or via email at
<EMAIL_ADDRESS>    Availability of Meeting Materials: Prior to the meeting, the review
documents, agenda and other materials will be accessible through the
calendar link on the blue navigation bar at http://www.epa.gov/sab/.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office.
    Federal advisory committees and panels, including scientific
advisory committees, provide independent advice to EPA. Members of the
public can submit relevant comments for a federal advisory committee to
consider pertaining to EPA's charge to the panel or meeting materials.
Input from the public to the SAB will have the most impact if it
provides specific scientific or technical information or analysis for
SAB panels to consider or if it relates to the clarity or accuracy of
the technical information. Members of the public wishing to provide
comment should contact the Designated Federal Officer directly. Oral
Statements: In general, individuals or groups requesting an oral
presentation at a public meeting will be limited to five minutes.
Interested parties should contact Mr. Edward Hanlon, DFO, in writing
(preferably via email) at the contact information noted above by March
7, 2012, to be placed on the list of public speakers for the meeting.
Written Statements: Written statements should be supplied to the DFO
via email at the contact information noted above by March 7, 2012 for
the meeting so that the information may be made available to the Panel
members for their consideration. Written statements should be supplied
in one of the following electronic formats: Adobe Acrobat PDF, MS Word,
MS PowerPoint, or Rich Text files in IBM-PC/Windows 98/2000/XP format.
It is the SAB Staff Office general policy to post written comments on
the Web page for the advisory meeting or teleconference. Submitters are
requested to provide an unsigned version of each document because the
SAB Staff Office does not publish documents with signatures on its Web
sites. Members of the public should be aware that their personal
contact information, if included in any written comments, may be posted
to the SAB Web site. Copyrighted material will not be posted without
explicit permission of the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Mr. Edward Hanlon at
(202) 564-2134 or<EMAIL_ADDRESS>To request accommodation of a
disability, please contact Mr. Hanlon preferably at least ten days
prior to the meeting to give EPA as much time as possible to process
your request.

    Dated: February 2, 2012.
Thomas H. Brennan,
Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2012-2999 Filed 2-8-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Notices]
[Pages 19168-19169]
[FR Doc No: 2022-06838]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2021-1044; Summary Notice No. 2022-19]

Petition for Exemption; Summary of Petition Received; Central
Plains Agronomy

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

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion nor omission of information in the
summary is intended to affect the legal status of the petition or its
final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before April 21, 2022.

ADDRESSES: Send comments identified by docket number [FAA-2021-1044]
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time.

Follow the online instructions for accessing the docket or go to the
Docket Operations in Room W12-140 of the West Building Ground Floor at
1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tiffany Jackson<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC.
Timothy R. Adams,
Executive Deputy Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2021-1044.
    Petitioner: Central Plains Agronomy.
    Section(s) of 14 CFR Affected: Sec. Sec.  61.3 (a)(1)(i), 91.7(a),
91.119(c), 91.121, 91.151(b), 91.403(b), 91.405(a), 91.407(a)(1),
91.409(a)(1) and (2), 91.417(a) and (b), 137.19(c), (d),
(e)(2)(ii)(iii), and (v), 137.31, 137.33, 137.41(c), and 137.42.
    Description of Relief Sought: Central Plains Agronomy, LLC requests
an exemption for the purpose of simultaneously operating no more than
two DJI Agras T-20 Unmanned Aircraft Systems (UAS), weighing over 55
pounds but no more than 100.75 pounds, closer than 500 feet from
vehicles, vessels, and structures to provide agricultural-related
services in the United States.

[FR Doc. 2022-06838 Filed 3-31-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17208-17209]
[FR Doc No: 2023-05789]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-29-000]

Saguaro Connector Pipeline, L.L.C.; Notice of Schedule for the
Preparation of an Environmental Assessment for the Border Facilities
Project

    On December 20, 2022, Saguaro Connector Pipeline, L.L.C. (Saguaro)
filed an application in Docket No. CP23-29-000 requesting an
Authorization pursuant to Section 3 of the Natural Gas Act to construct
and operate certain natural gas pipeline facilities. The proposed
project is known as the Border Facilities Project (Project), and would
serve as an interconnection to export natural gas produced in Texas
across the United States-Mexico International Boundary in Hudspeth
County, Texas. The design capacity of the border crossing is 2.834
billion standard cubic feet per day.
    On January 5, 2023, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
environmental document for the Project.
    This notice identifies Commission staff's intention to prepare an
environmental assessment (EA) for the Project and the planned schedule
for the completion of the environmental review.\1\
---------------------------------------------------------------------------

    \1\ 40 CFR 1501.10 (2020).
---------------------------------------------------------------------------

Schedule for Environmental Review

Issuance of EA August 25, 2023
90-Day Federal Authorization Decision Deadline \2\ November 23, 2023
---------------------------------------------------------------------------

    \2\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.

    If a schedule change becomes necessary, additional notice will be

provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    Saguaro proposes to site, construct, connect, operate, and maintain
a 48-inch-diameter natural gas pipeline from the United States (U.S.)
to the Mexico International Border in Hudspeth County, Texas. The
pipeline would extend from State of Texas land to the U.S.-Mexico
international border in the middle of the Rio Grande River. The Project
would consist of the installation of approximately 1,000 feet of 48-
inch-diameter pipeline, establishment of a 50-foot-width permanent
right-of-way, and use of approximately 14.2 acres as temporary
workspaces and 6.9 miles of temporary access road.

Background

    On February 3, 2023, the Commission issued a Notice of Scoping
Period Requesting Comments on Environmental Issues for the Proposed
Borders Facilities Project (Notice of Scoping). The Notice of Scoping
was sent to affected landowners; federal, state, and local government
agencies; elected officials; environmental and public interest groups;
Native American tribes; other interested parties; and local libraries
and newspapers. In response to the Notice of Scoping, the Commission
received several comments. The primary issues raised by the commenters
are environmental justice, cultural resources, and pipeline safety. The
U.S. Environmental Protection Agency (EPA) provided recommendations to
FERC regarding air quality, water quality, hazardous waste, and
environmental justice. EPA's recommendations for these resources
included comments regarding cumulative impacts for the non-
jurisdictional pipeline connected to the Project and consultation with
the U.S. Army Corps of Engineers regarding Clean Water Act Section 404
waters. All substantive comments will be addressed in the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of formal issuances and submittals in specific dockets, the
Commission offers a free service called eSubscription. This service
provides automatic notification of filings made to subscribed dockets,
document summaries, and direct links to the documents. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP23-29), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at [email protected]. The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

    Dated: March 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-05789 Filed 3-21-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Notices]
[Pages 54943-54944]
[FR Doc No: 2019-22330]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2019-0228]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Operations
Specifications, Part 129 Application

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew a previously approved
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on April 3, 2019. There were no comments. The
FAA assesses the information collected and issues operations
specifications to foreign air carriers. These operations specifications
assure the foreign air carrier's ability to navigate and communicate
safely within the U.S. National Airspace System. The FAA, based on
additional data analysis, has amended the number of respondents and
burden to include that on an existing operators. An existing operator
is any operator who has already received their initial set of
operations specifications.

DATES: Written comments should be submitted by November 12, 2019.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Danuta Pronczuk by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0749.
    Title: Operations Specifications, Part 129 Application.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on April 3, 2019 (84 FR 13095). The final rule published
in 2013, clarified and standardized the rules for applications by
foreign air carriers and foreign persons for operations specifications
issued under 14 CFR part 129 and established standards for amendment,
suspension and termination of those operations specifications. The
final rule also applied to foreign air carriers and foreign persons
operating U.S.-registered aircraft in common carriage solely outside
the United States. This

action was necessary to update the process for issuing operations
specifications, and it established a regulatory basis for current
practices, such as amending, terminating, and suspending operations
specifications.
    Respondents: Approximately 28 new applicants and 467 existing
foreign air carriers and foreign persons annually.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 10 Hours for new applicants.
One to ten hours for existing applicants.
    Estimated Total Annual Burden: 280 hours for new applicants and 467
to 4670 hours for existing applicants.

    Issued in Washington, DC, on October 7, 2019.
Robert C. Carty,
Deputy Executive Director, Flight Standards Service.
[FR Doc. 2019-22330 Filed 10-10-19; 8:45 am]
 BILLING CODE 4910-13-P


Cooling Water Intake Structure ( CWIS) Information Data Required Rig Information Rig Names: Glomar Adriatic 1 Glomar Adriatic 9 Glomar Adriatic 2 Glomar Adriatic 10 Glomar Adriatic 3 Glomar Adriatic 11 Glomar Adriatic 4 Compact Driller Glomar Adriatic 5 Galveston Key Glomar Adriatic 6 Key Manhattan Glomar Adriatic 7 Key Singapore Glomar Adriatic 8 Rig Type Jackup MLT 116C Total Installed Power Generation Capacity 6075 HP Number of Cooling Water Intake Structures ( CWISs) 3 at 1100 gpm submersible pumps average Brief description of each CWIS ( e. g., sea chest, simple pipe) 15" pipe or flow shroud Rough dimensions of each CWIS and indicate whether onboard CWIS has an existing flange 14" ID w/ out flange Screen type ( e. g., strainer, wedge wire) with mesh size Basket Strainers Total Design Specifications for Daily Maximum Water Intake Volume of each CWIS 1.68 million gal ( 40,000 bbls)

Total Daily Water Intake Volume of each CWIS ( Set up/ Drilling) 1.55 million gal ( 37,000 bbls)

Design Specs for Through Screen Velocity of each CWIS ( i. e., Q= V* A) ( Set up/ Drilling) 2.3 ft/ sec List of Purposes of Cooling Water Intakes ( e. g., cool crude oil, produced water, power generators, drill pipe brakes) Winch cooling, Brake Water Cooling, HPU ( High Pressure Unit) , Compressor Cooling, burner boom spray cooling List of Purposes of Non cooling Water Intakes ( e. g., fire water, hotel loads) Water Makers, Fire Main, Ballast, Sanitary, Pits, MP liner wash, shaker cleaning, preload Total Volume of Water Intake for Ballasting, Duration of the Ballast intake, and the Through Screen Velocity of the Ballast intake 1.5 million gal ( 11,943 kips) 6 9 hours 2.3 fps Mitigation Measures for reducing Exotic Species Migration through Ballast water None Mitigation Measures for reducing Impingement and Entrainment of Aquatic Organisms, as well as Bio fouling Prevention Measures duplex and simplex baskets,

Is the Rig equipped with a Radiator Cooling System for the Main Engines? Yes


[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Proposed Rules]
[Pages 70062-70064]
[FR Doc No: 2016-24202]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9187; Directorate Identifier 2016-NM-032-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Defense and Space S.A. (Formerly
Known as Construcciones Aeronauticas, S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Defense and Space S.A. Model C-212 airplanes. This proposed AD
was prompted by multiple reports of damaged and cracked rudder torque
tube shafts. This proposed AD would require repetitive general visual
and high frequency eddy current (HFEC) inspections of the inner rudder
torque tube shaft for cracks, deformation, and damage; repetitive
detailed inspections, and HFEC inspections if necessary, of the inner
and outer rudder torque tube shaft for cracks, deformation, and damage;
and corrective actions if necessary. This proposed AD also provides a
modification which terminates the repetitive inspections. We are
proposing this AD to detect and correct damaged and cracked rudder
torque tube shafts, which could lead to structural failure of the
affected rudder torque tube shaft and possible reduced control of the
airplane.

DATES: We must receive comments on this proposed AD by November 25,
2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus
Defense and Space, Services/Engineering Support, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; telephone: +34 91 585 55 84;
fax: +34 91 585 31 27; email<EMAIL_ADDRESS>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<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9187; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this 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: Shahram Daneshmandi, 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-2016-9187;
Directorate Identifier 2016-NM-032-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

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
2016-0052, dated March 14, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Defense and Space S.A. Model
C-212 airplanes. The MCAI states:

    Occurrences were reported of finding a damaged and cracked
rudder torque tube shaft, Part Number (P/N) 212-46237-01. Subsequent
investigation determined that this damage occurred after parking of
the aeroplane during a heavy wind gust, without having set the
flight control surfaces in locked position.
    This condition, if not detected and corrected, could lead to
structural failure of the affected rudder torque tube shaft,
possibly resulting in reduced control of the aeroplane.
    To address this potential unsafe condition, EADS-CASA issued
Alert Operators Transmission (AOT) AOT-C212-27-0001 to provide
inspection instructions, and Service Bulletin (SB) SB-212-27-0058
providing modification instructions.
    For the reasons described above, this [EASA] AD requires
repetitive inspections of the affected rudder torque tube shaft, and
introduces an optional modification [replacement], which constitutes
terminating action for those repetitive inspections.

    This proposed AD would require repetitive general visual and HFEC
inspections of the inner rudder torque tube shaft for cracks,
deformation, and damage; repetitive detailed inspections, and HFEC
inspections if necessary, of the inner and outer rudder torque tube
shaft for cracks, deformation, and damage; a general visual inspection
to verify rudder alignment if necessary; and corrective actions if
necessary. Repetitive inspections are done depending on conditions
(wind conditions, gust lock engagement, and rudder deviation)
identified in Airbus Defense & Space Alert Operators Transmission AOT-
C212-27-0001, dated July 15, 2015. Damage may include bulging, dents,
peeled paint, or visible corrosion. Corrective actions include
replacement of the rudder torque tube shaft with a new rudder torque
tube shaft and repair. The optional terminating action includes
replacement of the rudder torque tube shaft with an improved rudder
torque tube shaft. You may examine the MCAI in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2016-9187.

Related Service Information Under 1 CFR Part 51

    We reviewed the following EADS CASA service information.
     EADS CASA Service Bulletin SB-212-27-0058, dated April 25,
2014. This service information describes procedures for replacement of
the rudder torque tube shaft with an improved rudder torque tube shaft.
     Airbus Defense & Space Alert Operators Transmission AOT-
C212-27-

0001, dated July 15, 2015. This service information describes
procedures for general visual and HFEC inspections of the inner rudder
torque tube shaft for cracks, deformation, and damage; detailed
inspections, and HFEC inspections if necessary, of the inner and outer
rudder torque tube shaft for cracks, deformation, and damage; a general
visual inspection to verify rudder alignment; and corrective actions if
necessary.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

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.

Costs of Compliance

    We estimate that this proposed AD affects 49 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections.....................  Up to 33 work-hours              $0   Up to $2,805 per     Up to $137,445 per
                                   x $85 per hour =                      inspection cycle.    inspection cycle
                                   $2,805 per
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost             Parts cost         Cost per product
----------------------------------------------------------------------------------------------------------------
Optional modification..................  Up to 48 work-hours x $85          $48,729   Up to $52,359
                                          per hour = $4,080.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions and parts cost specified in
this proposed AD.

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 above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus Defense and Space S.A. (Formerly Known as Construcciones
Aeronauticas, S.A.): Docket No. FAA-2016-9187; Directorate
Identifier 2016-NM-032-AD.

(a) Comments Due Date

    We must receive comments by November 25, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Defense and Space S.A (formerly known
as Construcciones Aeronauticas, S.A.) Model C-212-CB, C-212-CC, C-
212-CD, C-212-CE, C-212-CF, C-212-DF, and C-212-DE airplanes,
certificated in any category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by multiple reports of damaged and cracked
rudder torque tube shafts. We are issuing this AD to detect and
correct damaged and cracked rudder torque tube shafts, which could
lead to structural failure of the affected rudder torque tube shaft
and possible reduced control of the airplane.

(f) Compliance

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

(g) Repetitive Inspections

    For airplanes equipped with a rudder torque tube shaft having
part number (P/N) 212-46237-01: Do the actions specified in
paragraphs (g)(1) and (g)(2) of this AD.
    (1) Within 30 days after the effective date of this AD; do
general visual, detailed, and high frequency eddy current (HFEC)
inspections of the inner and outer surfaces of the rudder torque
tube shaft, as applicable, for cracks, deformation, and damage, in
accordance with the instructions of Airbus Defense & Space Alert
Operators Transmission AOT-C212-27-0001, dated July 15, 2015.
    (2) Thereafter, before further flight after the conditions
identified in paragraph <IP_ADDRESS> of Airbus Defense & Space Alert
Operators Transmission AOT-C212-27-0001, dated July 15, 2015, do the
applicable inspections identified for each condition.

(h) Corrective Actions

    If, during any inspection required by paragraph (g) of this AD,
any crack, deformation, or damage is found, before further flight do
all applicable corrective actions, in accordance with Airbus Defense
& Space Alert Operators Transmission AOT-C212-27-0001, dated July
15, 2015. Where Airbus Defense & Space Alert Operators Transmission
AOT-C212-27-0001, dated July 15, 2015, specifies to contact Airbus
for corrective action: Before further flight, accomplish corrective
actions in accordance with paragraph (k)(2) of this AD.

(i) Optional Modification

    Modification of an airplane by replacing the rudder torque tube
shaft P/N 212-46237-01 with an improved part, in accordance with the
Accomplishment Instructions of EADS-CASA Service Bulletin SB-212-27-
0058, dated April 25, 2014, constitutes terminating action for the
inspections required by paragraphs (g)(1) and (g)(2) of this AD for
the modified airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using Airbus Military All
Operator Letter (AOL) AOL-212-037, Revision 01, dated April 11,
2014.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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: Shahram
Daneshmandi, 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA;
or EADS CASA's EASA Design Organization Approval (DOA). If approved
by the DOA, the approval must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA 2016-0052, dated March 14, 2016, 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-2016-9187.
    (2) For service information identified in this AD, contact
Airbus Defense and Space, Services/Engineering Support, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; telephone: +34 91 585 55 84;
fax: +34 91 585 31 27; email<EMAIL_ADDRESS>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 September 29, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-24202 Filed 10-7-16; 8:45 am]
 BILLING CODE 4910-13-P