0.1760 g
                                                                       0.1894 g
                                                                       0.2123 g
                                                                       4523.873
                                                                       4799.923
                                                                       5393.553
                                                                      25483.983

<PHONE_NUMBER> dpm

                                                                          0.757

                                                                          0.514

                                                                          6.999

8-04

Kidney

 24 h

                                                                       2.3777 g

                                                                       3.4869 g

                                                                       1.1092 g

                                                                       0.2660 g
                                                                       0.2834 g
                                                                       0.2730 g
                                                                       0.2822 g
                                                                       5063.460
                                                                       5122.800
                                                                       5336.970
                                                                       5483.920
                                                                      19023.466

                                                                 21100.8287 dpm

                                                                          3.515

                                                                          0.079

                                                                          5.225

8-04

Brain

 24 h

                                                                       2.2737 g

                                                                       3.9125 g

                                                                       1.6388 g

                                                                       0.4968 g
                                                                       0.1306 g
                                                                       0.3452 g
                                                                       0.6487 g
                                                                       1671.102
                                                                        520.462
                                                                       1142.202
                                                                       2073.342
                                                                       3463.464

                                                                  5675.9253 dpm

                                                                         10.242

                                                                          0.021

                                                                          0.951

8-04

Heart

 24 h

                                                                       2.2902 g

                                                                       2.8056 g

                                                                       0.5154 g

                                                                       0.1152 g
                                                                       0.2494 g
                                                                       0.1467 g
                                                                        859.790
                                                                       1904.720
                                                                       1073.410
                                                                       7472.569

                                                                  3851.3618 dpm

                                                                          2.145

                                                                          0.014

                                                                          2.052

8-04

Lung

 24 h

                                                                       2.3279 g

                                                                       3.0564 g

                                                                       0.7285 g

                                                                       0.2457 g
                                                                       0.1427 g
                                                                       0.1636 g
                                                                       0.1624 g
                                                                       4702.690
                                                                       2876.690
                                                                       3315.060
                                                                       3256.540
                                                                      19903.690

                                                                 14499.8384 dpm

                                                                          2.594

                                                                          0.054

                                                                          5.467

8-04

Muscle Gastrocnemius

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1231 g
                                                                       0.0848 g
                                                                       0.1045 g
                                                                        406.692
                                                                        314.432
                                                                        363.052
                                                                       3495.289

                                                                  1091.9282 dpm

                                                                          5.805

                                                                          0.004

                                                                          0.960

8-04

Femur

 24 h

                                                                       2.3147 g

                                                                       2.6863 g

                                                                       0.3716 g

                                                                       0.1926 g
                                                                       0.1778 g
                                                                       1927.872
                                                                       1136.992
                                                                       8202.251

                                                                  3047.9566 dpm

                                                                         22.036

                                                                          0.011

                                                                          2.253

8-04

Adipose subcutaneous

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0723 g
                                                                       0.0710 g
                                                                       0.0399 g
                                                                        370.572
                                                                        352.372
                                                                        179.812
                                                                       4865.014

                                                                   891.2705 dpm

                                                                          6.596

                                                                          0.003

                                                                          1.336

8-04

Adip (Abdominal)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0598 g
                                                                       0.0417 g
                                                                       0.0333 g
                                                                        263.292
                                                                        155.672
                                                                        120.582
                                                                       3919.038

                                                                   528.2863 dpm

                                                                         10.787

                                                                          0.002

                                                                          1.076

8-04

Ovaries and Uterus

 24 h

                                                                       2.2859 g

                                                                       2.8617 g

                                                                       0.5758 g

                                                                       0.1259 g
                                                                       0.2629 g
                                                                       0.1725 g
                                                                       2339.132
                                                                       4634.942
                                                                       2674.462
                                                                      17237.825

                                                                  9925.5394 dpm

                                                                          9.135

                                                                          0.037

                                                                          4.734

8-04

Skin (neck)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0931 g
                                                                       0.0865 g
                                                                       0.0462 g
                                                                       2026.862
                                                                       1638.952
                                                                        802.522
                                                                      19362.948

                                                                  4372.1536 dpm

                                                                         11.513

                                                                          0.016

                                                                          5.318

9-01

Blood

 24 h

                                                                       2.0727 g

                                                                       4.4918 g

                                                                       2.4191 g

                                                                       0.0647 g
                                                                       0.0715 g
                                                                        923.996
                                                                        995.116
                                                                      14099.465

                                                                 34108.0154 dpm

                                                                          1.289

                                                                          0.025

                                                                          3.872

9-01

Spleen

 24 h

                                                                       2.3059 g

                                                                       2.7516 g

                                                                       0.4457 g

                                                                       0.1884 g
                                                                       0.1426 g
                                                                       0.1087 g
                                                                       7681.006
                                                                       5960.286
                                                                       4439.586
                                                                      41136.485

                                                                 18334.5315 dpm

                                                                          1.394

                                                                          0.013

                                                                         11.298

9-01

Liver

 24 h

                                                                       2.3033 g

                                                                       9.7268 g

                                                                       7.4235 g

                                                                       0.1952 g
                                                                       0.2312 g
                                                                       0.1755 g
                                                                      11895.523
                                                                      14084.363
                                                                      10790.643
                                                                      61114.618

<PHONE_NUMBER> dpm

                                                                          0.525

                                                                          0.333

                                                                         16.785

9-01

Kidney

 24 h

                                                                       2.2936 g

                                                                       3.6343 g

                                                                       1.3407 g

                                                                       0.3811 g
                                                                       0.3035 g
                                                                       0.3059 g
                                                                       0.3434 g
                                                                      20525.526
                                                                      15759.676
                                                                      16748.496
                                                                      16948.036
                                                                      52472.561

                                                                 70349.9622 dpm

                                                                          4.555

                                                                          0.052

                                                                         14.411

9-01

Brain

 24 h

                                                                       2.3465 g

                                                                       4.0525 g

                                                                       1.7060 g

                                                                       0.3844 g
                                                                       0.3971 g
                                                                       0.4032 g
                                                                       0.5090 g
                                                                       3045.714
                                                                       3223.734
                                                                       3705.464
                                                                       4513.584
                                                                       8524.795

                                                                 14543.3005 dpm

                                                                          7.062

                                                                          0.011

                                                                          2.341

9-01

Heart

 24 h

                                                                       2.2954 g

                                                                       2.9955 g

                                                                       0.7001 g

                                                                       0.2357 g
                                                                       0.1785 g
                                                                       0.2679 g
                                                                       3641.996
                                                                       2730.306
                                                                       6996.446
                                                                      18954.514

                                                                 13270.0550 dpm

                                                                         32.723

                                                                          0.010

                                                                          5.206

9-01

Lung

 24 h

                                                                       2.3003 g

                                                                       3.1585 g

                                                                       0.8582 g

                                                                       0.2374 g
                                                                       0.2146 g
                                                                       0.2197 g
                                                                       0.1493 g
                                                                      10180.226
                                                                      10093.416
                                                                      10128.076
                                                                       6589.806
                                                                      45038.343

                                                                 38651.9058 dpm

                                                                          4.167

                                                                          0.028

                                                                         12.370

9-01

Muscle Gastrocnemius

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1002 g
                                                                       0.0846 g
                                                                       0.1108 g
                                                                       1167.494
                                                                       1069.044
                                                                       1241.414
                                                                      11830.734

                                                                  3497.1650 dpm

                                                                          6.194

                                                                          0.003

                                                                          3.249

9-01

Femur

 24 h

                                                                       2.2945 g

                                                                       2.5709 g

                                                                       0.2764 g

                                                                       0.1141 g
                                                                       0.1573 g
                                                                       3651.864
                                                                       3415.624
                                                                      26859.951

                                                                  7424.0903 dpm

                                                                         19.158

                                                                          0.005

                                                                          7.377

9-01

Testes

 24 h

                                                                       2.3188 g

                                                                       4.6244 g

                                                                       2.3056 g

                                                                       0.6279 g
                                                                       0.5942 g
                                                                       0.5289 g
                                                                       0.4961 g
                                                                       7824.834
                                                                       7428.964
                                                                       6631.384
                                                                       6250.204
                                                                      12525.281

                                                                 28878.2876 dpm

                                                                          0.463

                                                                          0.021

                                                                          3.440

9-01

Adipose subcutaneous

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0812 g
                                                                       0.1019 g
                                                                       0.0967 g
                                                                        624.404
                                                                        791.584
                                                                       1242.804
                                                                       9436.708

                                                                  2640.3909 dpm

                                                                         31.347

                                                                          0.002

                                                                          2.592

9-01

Adip (Abdominal)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0711 g
                                                                       0.1085 g
                                                                       0.1084 g
                                                                       1153.404
                                                                       1836.974
                                                                       1551.244
                                                                      15821.099

                                                                  4556.4766 dpm

                                                                          8.567

                                                                          0.003

                                                                          4.345

9-01

Skin (neck)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1223 g
                                                                       0.1289 g
                                                                       0.1645 g
                                                                       5542.054
                                                                       5332.134
                                                                       5592.574
                                                                      40226.367

                                                                 16722.1007 dpm

                                                                         14.280

                                                                          0.012

                                                                         11.048

9-02

Blood

 24 h

                                                                       2.0851 g

                                                                       4.0252 g

                                                                       1.9401 g

                                                                       0.0612 g
                                                                       0.0680 g
                                                                        804.816
                                                                        911.296
                                                                      13275.993

                                                                 25756.7542 dpm

                                                                          0.945

                                                                          0.018

                                                                          3.646

9-02

Spleen

 24 h

                                                                       2.2713 g

                                                                       2.7227 g

                                                                       0.4514 g

                                                                       0.1355 g
                                                                       0.1220 g
                                                                       0.1898 g
                                                                       4910.226
                                                                       4544.196
                                                                       6933.906
                                                                      36672.676

                                                                 16554.0458 dpm

                                                                          1.416

                                                                          0.011

                                                                         10.072

9-02

Liver

 24 h

                                                                       2.2834 g

                                                                      10.4862 g

                                                                       8.2028 g

                                                                       0.2131 g
                                                                       0.1855 g
                                                                       0.2028 g
                                                                      11080.523
                                                                       9797.043
                                                                      10689.253
                                                                      52506.475

<PHONE_NUMBER> dpm

                                                                          0.847

                                                                          0.299

                                                                         14.421

9-02

Kidney

 24 h

                                                                       2.3138 g

                                                                       3.8344 g

                                                                       1.5206 g

                                                                       0.3841 g
                                                                       0.3538 g
                                                                       0.4582 g
                                                                       0.3214 g
                                                                      18625.086
                                                                      16808.176
                                                                      19479.086
                                                                      15090.196
                                                                      46365.350

                                                                 70503.1514 dpm

                                                                          5.708

                                                                          0.049

                                                                         12.734

9-02

Brain

 24 h

                                                                       2.2716 g

                                                                       4.0816 g

                                                                       1.8100 g

                                                                       0.5042 g
                                                                       0.5208 g
                                                                       0.3897 g
                                                                       0.3756 g
                                                                       3357.014
                                                                       3894.344
                                                                       2848.774
                                                                       2747.674
                                                                       7190.330

                                                                 13014.4977 dpm

                                                                          5.052

                                                                          0.009

                                                                          1.975

9-02

Heart

 24 h

                                                                       2.3209 g

                                                                       3.0046 g

                                                                       0.6837 g

                                                                       0.2348 g
                                                                       0.2787 g
                                                                       0.1638 g
                                                                       3043.376
                                                                       3829.396
                                                                       2266.536
                                                                      13512.995

                                                                  9238.8348 dpm

                                                                          3.552

                                                                          0.006

                                                                          3.711

9-02

Lung

 24 h

                                                                       2.3337 g

                                                                       3.2439 g

                                                                       0.9102 g

                                                                       0.1661 g
                                                                       0.2065 g
                                                                       0.2835 g
                                                                       0.2417 g
                                                                       6532.006
                                                                       8245.616
                                                                      10650.296
                                                                       9831.676
                                                                      39375.112

                                                                 35839.2268 dpm

                                                                          3.368

                                                                          0.025

                                                                         10.814

9-02

Muscle Gastrocnemius

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1223 g
                                                                       0.1320 g
                                                                       0.1210 g
                                                                       1173.374
                                                                       1269.964
                                                                       1102.624
                                                                       9442.591

                                                                  3543.8043 dpm

                                                                          3.030

                                                                          0.002

                                                                          2.593

9-02

Femur

 24 h

                                                                       2.3120 g

                                                                       2.7300 g

                                                                       0.4180 g

                                                                       0.1783 g
                                                                       0.2290 g
                                                                       4402.714
                                                                       3515.084
                                                                      20021.224

                                                                  8368.8715 dpm

                                                                         23.333

                                                                          0.006

                                                                          5.499

9-02

Testes

 24 h

                                                                       2.3242 g

                                                                       4.6564 g

                                                                       2.3322 g

                                                                       0.4632 g
                                                                       0.5172 g
                                                                       0.6839 g
                                                                       0.6315 g
                                                                       5380.914
                                                                       5935.674
                                                                       7940.774
                                                                       7297.154
                                                                      11564.918

                                                                 26971.7017 dpm

                                                                          0.563

                                                                          0.019

                                                                          3.176

9-02

Adipose subcutaneous

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0767 g
                                                                       0.0933 g
                                                                       0.0789 g
                                                                       1027.354
                                                                       1120.584
                                                                       1006.474
                                                                      12720.444

                                                                  3166.1186 dpm

                                                                          5.445

                                                                          0.002

                                                                          3.494

9-02

Adip (Abdominal)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0232 g
                                                                       0.0368 g
                                                                       0.0527 g
                                                                        393.074
                                                                        747.564
                                                                        933.294
                                                                      18322.229

                                                                  2064.9152 dpm

                                                                          9.645

                                                                          0.001

                                                                          5.032

9-02

Skin (neck)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0519 g
                                                                       0.0746 g
                                                                       0.0605 g
                                                                       1977.454
                                                                       2779.974
                                                                       2339.414
                                                                      38011.441

                                                                  7108.1394 dpm

                                                                          1.857

                                                                          0.005

                                                                         10.440

9-03

Blood

 24 h

                                                                       2.0753 g

                                                                       4.4349 g

                                                                       2.3596 g

                                                                       0.0622 g
                                                                       0.0683 g
                                                                        894.346
                                                                        981.016
                                                                      14370.939

                                                                 33909.6672 dpm

                                                                          0.053

                                                                          0.024

                                                                          3.947

9-03

Spleen

 24 h

                                                                       2.3134 g

                                                                       2.7710 g

                                                                       0.4576 g

                                                                       0.1341 g
                                                                       0.1310 g
                                                                       0.1899 g
                                                                       5502.526
                                                                       5215.316
                                                                       7672.266
                                                                      40415.393

                                                                 18494.0840 dpm

                                                                          1.511

                                                                          0.013

                                                                         11.100

9-03

Liver

 24 h

                                                                       2.3278 g

                                                                      10.9711 g

                                                                       8.6433 g

                                                                       0.2214 g
                                                                       0.2366 g
                                                                       0.1697 g
                                                                      13081.863
                                                                      13883.733
                                                                      10176.753
                                                                      59245.427

<PHONE_NUMBER> dpm

                                                                          1.112

                                                                          0.357

                                                                         16.272

9-03

Kidney

 24 h

                                                                       2.3117 g

                                                                       3.8157 g

                                                                       1.5040 g

                                                                       0.3653 g
                                                                       0.3460 g
                                                                       0.3615 g
                                                                       0.4225 g
                                                                      17507.426
                                                                      17380.896
                                                                      18154.986
                                                                      22562.246
                                                                      50445.746

                                                                 75870.4024 dpm

                                                                          4.459

                                                                          0.053

                                                                         13.855

9-03

Brain

 24 h

                                                                       2.2973 g

                                                                       4.0587 g

                                                                       1.7614 g

                                                                       0.3569 g
                                                                       0.5856 g
                                                                       0.4096 g
                                                                       0.3995 g
                                                                       2725.524
                                                                       4530.324
                                                                       2784.974
                                                                       2713.074
                                                                       7240.825

                                                                 12753.9893 dpm

                                                                          7.128

                                                                          0.009

                                                                          1.989

9-03

Heart

 24 h

                                                                       2.3079 g

                                                                       2.9812 g

                                                                       0.6733 g

                                                                       0.1760 g
                                                                       0.2479 g
                                                                       0.2360 g
                                                                       3392.996
                                                                       2551.626
                                                                       5069.516
                                                                      17017.448

                                                                 11457.8480 dpm

                                                                         34.828

                                                                          0.008

                                                                          4.674

9-03

Lung

 24 h

                                                                       2.2830 g

                                                                       3.1221 g

                                                                       0.8391 g

                                                                       0.2865 g
                                                                       0.1465 g
                                                                       0.1838 g
                                                                       0.1787 g
                                                                      13822.546
                                                                       6803.126
                                                                       8398.216
                                                                       8476.956
                                                                      46953.222

                                                                 39398.4484 dpm

                                                                          2.385

                                                                          0.027

                                                                         12.896

9-03

Muscle Gastrocnemius

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1107 g
                                                                       0.1232 g
                                                                       0.0852 g
                                                                       1105.914
                                                                       1110.164
                                                                        899.714
                                                                       9853.766

                                                                  3144.3367 dpm

                                                                          7.951

                                                                          0.002

                                                                          2.706

9-03

Femur

 24 h

                                                                       2.4294 g

                                                                       2.7591 g

                                                                       0.3297 g

                                                                       0.1821 g
                                                                       0.1377 g
                                                                       3819.944
                                                                       3573.884
                                                                      23465.658

                                                                  7736.6273 dpm

                                                                         10.605

                                                                          0.005

                                                                          6.445

9-03

Testes

 24 h

                                                                       2.4528 g

                                                                       4.9083 g

                                                                       2.4555 g

                                                                       0.6565 g
                                                                       0.5354 g
                                                                       0.5391 g
                                                                       0.6574 g
                                                                       7666.964
                                                                       6118.524
                                                                       6266.864
                                                                       7685.344
                                                                      11605.422

                                                                 28497.1139 dpm

                                                                          1.049

                                                                          0.020

                                                                          3.187

9-03

Adipose subcutaneous

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1116 g
                                                                       0.1037 g
                                                                       0.1152 g
                                                                       2105.494
                                                                       1622.894
                                                                       1893.944
                                                                      16985.609

                                                                  5613.7436 dpm

                                                                          9.868

                                                                          0.004

                                                                          4.665

9-03

Adip (Abdominal)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.0635 g
                                                                       0.1031 g
                                                                       0.0751 g
                                                                       1837.534
                                                                       3079.444
                                                                       2312.924
                                                                      29868.000

                                                                  7219.0955 dpm

                                                                          3.114

                                                                          0.005

                                                                          8.203

9-03

Skin (neck)

 24 h

                                                                           N.A.

                                                                           N.A.

                                                                           N.A.

                                                                       0.1027 g
                                                                       0.1660 g
                                                                       0.1311 g
                                                                       4166.984
                                                                       5704.254
                                                                       5177.044
                                                                      38142.198

                                                                 15249.2508 dpm


[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Rules and Regulations]
[Pages 63018-63020]
[FR Doc No: 2023-19870]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0703]
RIN 1625-AA00

Safety Zone; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the San Diego Bay. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards during a U.S. Army parachute demonstration. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector San Diego.

DATES: This rule is effective from 10 a.m. to noon on September 18th,
2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0703 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed

rulemaking, call or email LTJG Shelley Turner, Waterways Management,
U.S. Coast guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable as the
Coast Guard did not receive final details until August 3rd, 2023, and
must establish this safety zone by September 18th, 2023.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the Coast Guard must establish
this safety zone by September 18th, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector San Diego (COTP) has determined
that potential hazards associated with the U.S. Army's parachute
demonstration on September 18th, 2023, will be a safety concern for
anyone within a 100-yard radius of USS MIDWAY. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during the demonstration.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. until noon on
September 18, 2023. The safety zone will cover all navigable waters
within 100 yards of the USS MIDWAY. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while the parachute demonstration is being
conducted. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. The affected
portion of the San Diego Bay will be of very limited duration and is
necessary for safety of life to participants in the event. Moreover,
the Coast Guard would make a post in the Local Notice to Mariners with
details on the regulated area, as well as issue a Safety Marine
Information Broadcast over Channel 22A.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In

particular, the Act addresses actions that may result in the
expenditure by a State, local, or tribal government, in the aggregate,
or by the private sector of $100,000,000 (adjusted for inflation) or
more in any one year. Though this rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a 100
yard radius safety zone around the USS MIDWAY lasting 2 hours during
the U.S. ARMY's parachute demonstration. It is 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 Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T11-130 to read as follows:

Sec.  165.T11-130  Safety Zone; San Diego Bay, San Diego, California.

    (a) Location. The following area is a safety zone: all water
surface to the bottom encompassing a 100-yard radius around USS MIDWAY.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector San Diego (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM Channel 21A or by telephone at<PHONE_NUMBER>.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement period. This section will be enforced from 10 a.m.
to noon on September 18, 2023.

    Dated: September 8, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2023-19870 Filed 9-13-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Rules and Regulations]
[Pages 17731-17733]
[FR Doc No: 2019-08476]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2019-0304; Special Conditions No. 23-292-SC]

Special Conditions: Costruzioni Aeronautiche Tecnam S.P.A., Model
P2012 Airplane; Electronic Engine Control System Installation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Costruzioni
Aeronautiche Tecnam S.P.A., Model P2012 airplane. This airplane will
have a novel or unusual design feature associated with installation of
an engine that includes an electronic engine control system. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These special
conditions contain the additional safety standards that the

Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES:  The effective date of these special conditions is April 26,
2019. We must receive your comments by May 28, 2019.

ADDRESSES: Send comments identified by docket number FAA-2019-0304
using any of the following methods:
     Federal eRegulations 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 (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m., and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket
website, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478).
    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, between 9 a.m., and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jeff Pretz, Federal Aviation
Administration, Aircraft Certification Service, Policy & Innovation
Division, Small Airplane Standards Branch, AIR-691, 901 Locust, Room
301, Kansas City, MO 64106; telephone<PHONE_NUMBER>; facsimile (816)
329-4090.

SUPPLEMENTARY INFORMATION:

Reason for No Prior Notice and Comment Before Adoption

    The FAA has determined, in accordance with 5 U.S. Code Sec. Sec.
553(b)(3)(B) and 553(d)(3), that notice and opportunity for prior
public comment hereon are unnecessary because substantially identical
special conditions have been subject to the public comment process in
several prior instances such that the FAA is satisfied that new
comments are unlikely. For the same reason, the FAA finds that good
cause exists for making these special conditions effective upon
issuance. The FAA is requesting comments to allow interested persons to
submit views that may not have been submitted in response to the prior
opportunities for comment.

------------------------------------------------------------------------
         Special conditions No.               Company/airplane model
------------------------------------------------------------------------
23-253-SC \1\..........................  Diamond Aircraft Industries/
                                          Model DA-40NG.
23-267-SC \2\..........................  Cirrus Design Corporation/Model
                                          SF50.
23-282-SC \3\..........................  Pilatus Aircraft Ltd./Model PC-
                                          24.
------------------------------------------------------------------------
\1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/1A102658468C62D386257950004D7183?OpenDocument.
\2\ https://www.govinfo.gov/app/details/FR-2015-09-23/2015-24156/summary
\3\ https://www.govinfo.gov/app/details/FR-2017-07-17/2017-14936.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions based on the comments we receive.

Background

    On February 28, 2018, Costruzioni Aeronautiche Tecnam S.P.A.
(Tecnam) applied for FAA validation of its type certificate for its new
Model P2012 airplane. The Model P2012 is a normal category, metallic,
non-pressurized, high wing, monoplane that will seat nine passengers
and two flightcrew. Two wing mounted Lycoming piston engines driving
four bladed variable pitch constant speed MT-Propeller Entwicklung GmbH
Model MTV-14-B-C-F/CF195-30b propellers power the airplane. The
airplane has fixed tricycle landing gear, a Garmin G1000 NXi avionics
suite, and a maximum takeoff weight of 7,937 pounds.
    The Model P2012 is equipped with two Lycoming Model TEO-540-C1A
engines, each using an electronic engine control (EEC) system, commonly
referred to as a full authority digital engine control (FADEC), instead
of a traditional mechanical control system. Although the EEC is
certificated with the engine, the installation of an EEC requires
evaluation due to critical environmental effects and possible effects
on or by other airplane systems such as; indirect effects of lightning,
radio interference with other airplane electronic systems, and shared
engine, airplane data, and power sources.
    The regulatory requirements in Title 14, Code of Federal
Regulations (CFR) part 23 for evaluating the installation of complex
systems, including electronic systems and critical environmental
effects, are contained in Sec. Sec.  23.1306, 23.1308, and 23.1309.
However, when Sec.  23.1309 was published, the use of EECs for engines
was not envisioned. The integral nature of these systems makes it
necessary to ensure proper evaluation of the airplane functions, which
may be included in the EEC, and that the installation does not degrade
the EEC reliability approved under part 33 during engine type
certification. Sections 23.1306(a) and 23.1308(a) apply to the EEC to
ensure it remains equivalent to a mechanical only system, which is not
generally susceptible to the High Intensity Radiated Fields (HIRF) and
lightning environments.
    In some cases, the airplane in which the engine is installed
determines a higher classification than the engine controls are
certificated for, requiring the EEC systems be analyzed at a higher
classification. As of November 2005, EEC special conditions mandated
the Sec.  23.1309 classification for loss of EEC control as
catastrophic for any airplane. This is not to imply an engine failure
is classified as catastrophic, but that the EEC must provide an
equivalent reliability to mechanical engine controls. In addition,
Sec. Sec.  23.1141(e) and 25.901(b)(2) provide the fault tolerant
design requirements of turbine engine mechanical controls to the EEC
and ensure adequate inspection and maintenance interval for the EEC.
    Part 23 did not envision the use of full authority EECs and lacks
the specific regulatory requirements necessary to provide an adequate
level of safety. Therefore, special conditions are necessary.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Tecnam must show that the
Model

P2012 airplane meets the applicable provisions of part 23, as amended
by amendment 23-1 through 23-62 thereto.
    If the Administrator finds that the applicable airworthiness
regulations in part 23 do not contain adequate or appropriate safety
standards for the Model P2012 airplane because of a novel or unusual
design feature, special conditions are prescribed under the provisions
of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special
conditions, the Model P2012 must comply with the fuel vent and exhaust
emission requirements of 14 CFR part 34 and the noise certification
requirements of 14 CFR part 36; and the FAA must issue a finding of
regulatory adequacy under Sec.  611 of Public Law 92-574, the ``Noise
Control Act of 1972.''
    The FAA issues special conditions, as defined in Sec.  11.19, under
Sec.  11.38 and they become part of the type certification basis under
Sec.  21.17(a)(2).
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, the FAA would apply these special conditions to
the other model.

Novel or Unusual Design Features

    The Model P2012 airplane will incorporate the following novel or
unusual design features: The installation of an Electronic Engine
Control (EEC) system. The EEC system is the generic family of
electrical/electronic engine control systems, including full authority
digital engine controls, supervisory controls, and derivatives of
these.

Discussion

    This airplane makes use of an electronic engine control system in
addition to a traditional mechanical control system, which is a novel
design for this type of airplane. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. Mandating a structured assessment to determine
potential installation issues mitigate the concerns that the addition
of an electronic engine control does not produce a failure condition
not previously considered.

Applicability

    These special conditions are applicable to the Model P2012
airplane. Should Tecnam apply at a later date for a change to the type
certificate to include another model incorporating the same novel or
unusual design feature, the FAA would apply these special conditions to
that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature
on the Model P2012 airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702; Pub. L.
113-53, 127 Stat 584 (49 U.S.C. 44704) note.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Tecnam Model P2012 airplane.

1. Installation of Electronic Engine Control System

    a. For electronic engine control (EEC) system installations, it
must be established that no single failure or malfunction or probable
combinations of failures of EEC system components will have an effect
on the system, as installed in the airplane, that causes the Loss of
Power Control (LOPC) probability of the system to exceed those allowed
in part 33 certification.
    b. Electronic engine control system installations must be evaluated
for environmental and atmospheric conditions, including lightning and
High Intensity Radiated Fields (HIRF). The EEC system lightning and
HIRF effects that result in LOPC should be considered catastrophic.
    c. The components of the installation must be constructed,
arranged, and installed to ensure their continued safe operation
between normal inspections or overhauls.
    d. Functions incorporated into any electronic engine control that
make it part of any equipment, systems or installation whose functions
are beyond that of basic engine control, and which may also introduce
system failures and malfunctions, are not exempt from Sec.  23.1309 and
must be shown to meet part 23 levels of safety as derived from Sec.
23.1309. Part 33 certification data, if applicable, may be used to show
compliance with any part 23 requirements. If part 33 data is used to
substantiate compliance with part 23 requirements, then the part 23
applicant must be able to provide this data for its showing of
compliance.

    Note:  The term ``probable'' in the context of ``probable
combination of failures'' does not have the same meaning as used for
a safety assessment process. The term ``probable'' in ``probable
combination of failures'' means ``foreseeable,'' or those failure
conditions anticipated to occur one or more times during the
operational life of each airplane.

    Issued in Kansas City, Missouri, on April 22, 2019.
William Schinstock,
Acting Manager, Small Airplane Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2019-08476 Filed 4-25-19; 8:45 am]
BILLING CODE 4910-13-P