[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Proposed Rules]
[Pages 28594-28596]
[FR Doc No: 2017-13139]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0638; Directorate Identifier 2017-CE-018-AD]
RIN 2120-AA64

Airworthiness Directives; Diamond Aircraft Industries GmbH
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Diamond Aircraft Industries GmbH Models DA 42, DA 42 M-NG, and
DA 42 NG airplanes. This proposed AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as crack
formation on the flap bell crank, which could cause the flap bell crank
to fail. We are issuing this proposed AD to require actions to address
the unsafe condition on these products.

DATES:  We must receive comments on this proposed AD by August 7, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e 5, A-2700
Wiener Neustadt, Austria, telephone: +43 2622 26700; fax: +43 2622
26780; email<EMAIL_ADDRESS>Internet: http://www.diamondaircraft.com. You may review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<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-2017-
0638; 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
Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

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

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-2017-0638;
Directorate Identifier 2017-CE-018-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 because of those comments.
    We will post all comments we receive, without change, to http://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 Community, has issued AD
No. 2017-0074, dated April 28, 2017 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Cracks and deformation have been found on the flap bell crank
Part Number (P/N) D60-2757-11-00. Frequent high load conditions have
been identified as the root cause.
    This condition, if not detected and corrected, could lead to
failure of the flap bell crank and consequent reduced control of the
aeroplane.
    To address this potential unsafe condition, Diamond Aircraft
Industries (DAI) issued Mandatory Service Bulletin (MSB) 42-126/MSB
42NG-066 and the corresponding Work Instruction (WI) MSB 42-126/WI-
MSB 42NG-066 (single document), hereafter referred to as `the
applicable MSB' in this [EASA] AD, providing inspection and
modification instructions.
    For the reason described above, this [EASA] AD requires
modification of the flap control system by installing two spacers to
replace a single long spacer, repetitive inspections of the flap
bell crank, and, depending on findings, replacement of the flap bell
crank with an improved part. Installation of an improved flap bell
crank constitutes terminating action for the repetitive inspections
required by this [EASA] AD.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0638.

Related Service Information Under 1 CFR Part 51

    Diamond Aircraft Industries GmbH has issued Mandatory Service
Bulletin MSB 42-126 MSB/42NG-066, dated March 27, 2017 (single
document), and Work Instruction WI-MSB 42-126/WI-MSB 42NG-066, dated
March 27, 2017 (single document). In combination, this service
information describes procedures for repetitively inspecting the flap
bell crank for cracks, replacing the flap bell crank if cracks are
found, and modification of the flap control system. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section of this NPRM.

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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the 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 will affect 190 products of U.S.
registry. We also estimate that it would take about 4 work-hours per
product to comply with the initial inspection requirement of this
proposed AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the initial
inspection requirement of this proposed AD on U.S. operators to be
$64,000, or $340 per product.
    We also estimate that it would take about 2 work-hours per product
to comply with the repetitive inspection requirement of this proposed
AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the repetitive
inspection requirement of this proposed AD on U.S. operators to be
$32,300, or $170 per product.
    In addition, we estimate that any necessary replacement action
would take about 1 work-hour and require parts costing $430, for a cost
of $515 per product. We have no way of determining the number of
products that may need these actions.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

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 AD:

Diamond Aircraft Industries GmbH: Docket No. FAA-2017-0638;
Directorate Identifier 2017-CE-018-AD.

(a) Comments Due Date

    We must receive comments by August 7, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Diamond Aircraft Industries GmbH Model DA 42,
DA 42 M-NG, and DA 42 NG airplanes, serial numbers 42.004 through
42.427, 42.AC001 through 42.AC151, 42.M001 through 42.M026, 42.N001
through 42.N067, 42.N100 through 42.N129, 42.NC001 through 42.NC008,
and 42.MN001 through 42.MN033, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight
Controls.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as crack formation
on the flap bell crank. We are issuing this AD to prevent failure of
the flap bell crank, which could result in reduced control.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Inspect the flap bell crank, part number (P/N) D60-2757-11-
00, and modify the flap control system by installing two spacers, P/
N DS BU2-10-06-0065-C, where the flap actuator rod end bearing is
connected to the flap bell crank, following the Instructions section
in Diamond Aircraft Industries GmbH (DAI) Work Instruction WI-MSB
42-126/WI-MSB 42NG-066, dated March 27, 2017 (single document), as
specified in DAI Mandatory Service Bulletin MSB 42-126/MSB 42NG-066,
dated March 27, 2017 (single document), at whichever of the
following compliance times occurs later:
    (i) Before exceeding 600 hours time-in-service (TIS), and
repetitively thereafter at intervals not to exceed 200 hours TIS.
    (ii) Within the next 100 hours TIS after the effective date of
this AD or within the next 6 months after the effective date of this
AD, whichever occurs first, and repetitively thereafter at intervals
not to exceed 200 hours TIS.
    (2) If any discrepancies are found during any inspection
required in paragraph (f)(1) of this AD, before further flight,
replace the flap bell crank with an improved part, P/N D60-2757-11-
00_01, following the Instructions section in DAI Work Instruction
WI-MSB 42-126/WI-MSB 42NG-066, dated March 27, 2017 (single
document), as specified in DAI Mandatory Service Bulletin MSB 42-
126/MSB 42NG-066, dated March 27, 2017 (single document). Installing
P/N D60-2757-11-00_01 terminates the repetitive inspections required
in paragraph (f)(1) of this AD. This installation as terminating
action may be done in lieu of the inspections required in paragraph
(f)(1) of this AD.

(g) Other FAA AD Provisions

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

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2017-0074, dated April 28, 2017. You may examine the MCAI on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2017-0638. For service information related to this
AD, contact Diamond Aircraft Industries GmbH, N.A. Otto-Stra[szlig]e
5, A-2700 Wiener Neustadt, Austria, telephone: +43 2622 26700; fax:
+43 2622 26780; email<EMAIL_ADDRESS>Internet: http://www.diamondaircraft.com. You may review this referenced service
information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on June 19, 2017.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-13139 Filed 6-22-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Rules and Regulations]
[Pages 68098-68101]
[FR Doc No: 2011-28445]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0615]
RIN 1625-AA00

Safety Zone; Fourth Annual Chillounge Night St. Petersburg
Fireworks Display, Tampa Bay, St. Petersburg, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Tampa Bay in St. Petersburg, Florida during the Fourth Annual
Chillounge Night St. Petersburg Fireworks Display on Saturday, November
19, 2011. The safety zone is necessary to protect the public from the
hazards associated with launching fireworks over navigable waters of
the United States. Persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.

DATES: This rule is effective from 9:30 p.m. until 10:45 p.m. on
November 19, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0615 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0615 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
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
temporary final rule, call or email Marine Science Technician First
Class Nolan L. Ammons, Sector St. Petersburg Prevention Department,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 26, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Fourth Annual Chillounge Night St.
Petersburg Fireworks Display, Tampa Bay, St. Petersburg, FL in the
Federal Register (76 FR 44531). We received no comments on the proposed
rule. No public meeting was requested, and none was held.
    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. Due to the dangers posed by the
pyrotechnics used in these fireworks displays, the safety zones are
necessary to provide for the safety of event participants, spectator
craft, and other vessels transiting the event areas. For the safety
concerns noted, it is in the public interest to have these regulations
in effect during the events. This rule is intended to ensure the safety
of the event participants, spectators and other waterway users, thus
any delay in the rule's effective date would be impractical.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 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.
    The purpose of the rule is to protect the public from the hazards
associated with the launching of fireworks over navigable waters of the
United States.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.

Discussion of Rule

    On November 19, 2011, a fireworks display is scheduled to take
place during the Fourth Annual Chillounge Night St. Petersburg, an
annual outdoor party, in St. Petersburg, Florida. The fireworks, which
will be launched from Spa Beach Park, will explode over the waters of
Tampa Bay. The fireworks display is scheduled to commence at 10 p.m.
and conclude at approximately 10:05 p.m.
    This rule establishes a temporary safety zone that encompasses
certain waters of Tampa Bay in the vicinity of Spa Beach in St.
Petersburg, Florida. The temporary safety zone will be enforced from
9:30 p.m. on November 19, 2011, 30 minutes prior to the scheduled
commencement of the fireworks display at approximately 10 p.m., to
ensure the safety zone is clear of persons and vessels. Enforcement of
the safety zone would cease at 10:45 p.m. on November 19, 2011, 40
minutes after the scheduled conclusion of the fireworks display, to
account for possible delays. Persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zone unless authorized by the Captain of the Port St. Petersburg
or a designated representative. Persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the safety zone by contacting the Captain of the Port St. Petersburg by
telephone at 727-824- 7524, or a designated representative via VHF
radio on channel 16, to request authorization. The Coast Guard will
provide notice of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.

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.

Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This rule is not a significant regulatory action
under section 3(f) of Executive Order 12866. Accordingly, this rule has
not been reviewed by the Office of Management and Budget.
    The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for less than
two hours; (2) vessel traffic in the area will be minimal during the
enforcement period; (3) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the safety zone
without authorization from the Captain of the Port St. Petersburg or a
designated representative, they may operate in the surrounding area
during the enforcement period; (4) persons and vessels may still enter,
transit through, anchor in, or remain within the safety zone if
authorized by the Captain of the Port St. Petersburg or a designated
representative; and (5) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered

whether this rule will have a significant economic impact on a
substantial number of small entities. 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. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of
Tampa Bay encompassed within the safety zone from 9:30 p.m. until 10:45
p.m. on November 19, 2011. For the reasons discussed in the Regulatory
Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

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

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.

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 might
disproportionately affect children.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.3

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing a temporary safety
zone, as described in paragraph 34(g) of the Instruction, which will be
enforced for less than two hours. An environmental analysis checklist
and a categorical exclusion determination are available in the docket
where indicated under ADDRESSES.

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:  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
2. Add a temporary Sec.  165.T07-0615 to read as follows:

Sec.  165.T07-0615  Safety Zone; Fourth Annual Chillounge Night St.
Petersburg Fireworks Display, Tampa Bay, St. Petersburg, FL.

    (a) Regulated area. The following regulated area is a safety zone:
All waters of Tampa Bay within a 200 yard radius of position
27[deg]46'31'' N, 82[deg]37'38'' W. All coordinates are North American
Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
area.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port St.
Petersburg or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port St. Petersburg by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port St. Petersburg
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port St. Petersburg or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective date. This rule is effective from 9:30 p.m. until
10:45 p.m. on November 19, 2011.

    Dated: October 13, 2011.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2011-28445 Filed 11-2-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: November 20, 2009 (Volume 74, Number 223)]
[Notices]
[Page 60257]
[DOCID:fr20no09-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13571-000]

Goshen Powerhouse, LLC: Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

November 10, 2009.
    On August 24, 2009, Goshen Powerhouse, LLC filed an application for
a preliminary permit, pursuant to section 4(f) of the Federal Power
Act, proposing to study the feasibility of the Goshen Dam Hydroelectric
Project No. 13571, to be located at the existing Goshen Dam, on the
Elkhart River, in Elkhart County, Indiana. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The existing dam is owned and operated by Elkhart County, Indiana
and the existing powerhouse and headrace canal is owned and operated by
the City of Goshen, Indiana. The proposed project would consist of: (1)
The existing 12.5-foot-high concrete dam equipped with a 200-foot-long
ogee spillway; (2) an existing 765-acre impoundment with a normal water
surface elevation of 790.9 feet mean sea level; (3) an existing 25-
foot-long by 49-foot-wide powerhouse to contain two new hydrokinetic
turbine-generator systems for a total installed capacity of 80
kilowatts; (4) a new 60-foot-long, 12.5-kilovolt transmission line; and
(5) appurtenant facilities. The proposed project would operate in a
run-of-river mode and generate an estimated average annual generation
of 578,160 kilowatt-hours.
    Applicant Contact: Edward L. Kurth, Goshen Powerhouse, LLC, San
Antonio Zanesville, Texas 78216,<PHONE_NUMBER>.
    FERC Contact: Michael Watts,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``eFiling'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13571) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-27921 Filed 11-19-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Notices]
[Pages 8191-8192]
[FR Doc No: 2016-03312]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL16-17-000]

City of West Memphis, Arkansas; Notice of Filing

    Take notice that on February 10, 2016, the City of West Memphis,
Arkansas submitted a supplement to its November 19, 2015 application
for proposed rate for Reactive Supply and Voltage Control.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Comment Date: 5:00 p.m. Eastern Time on February 17, 2016.

    Dated: February 10, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-03312 Filed 2-17-16; 8:45 am]
 BILLING CODE 6717-01-P