[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Rules and Regulations]
[Page 16648-16651]
[DOCID:fr02ap10-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0230; Directorate Identifier 2010-NM-071-AD;
Amendment 39-16250; AD 2010-06-51]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 737-600, -700,
-700C, -800, -900, and -900ER Series Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment
adopting airworthiness directive (AD) 2010-06-51 that was sent
previously to all known U.S. owners and operators of The Boeing Company
Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes by
individual notices. This AD requires doing a detailed inspection of the
inboard and outboard aft attach lugs of the left and right elevator
control tab mechanisms for gaps between the swage ring and the aft
attach lug, and between the spacer and the aft attach lug; trying to
move or rotate the spacer using hand pressure; and replacing any
discrepant elevator tab control mechanism, including performing the
detailed inspection on the replacement part before and after
installation. This AD is prompted by a report of failure of the aft
attach lugs on the left elevator tab control mechanism, which resulted
in severe elevator vibration. We are issuing this AD to detect and
correct a loose bearing in the aft lug of the elevator tab control

mechanism, which could result in unwanted elevator and tab vibration.
The consequent structural failure of the elevator or horizontal
stabilizer could result in loss of aircraft control and structural
integrity.

DATES: This AD becomes effective April 7, 2010 to all persons except
those persons to whom it was made immediately effective by emergency AD
2010-06-51, issued March 12, 2010, which contained the requirements of
this amendment.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 7,
2010.
    We must receive comments on this AD by May 17, 2010.

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 AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 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: Kelly McGuckin, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On March 12, 2010, we issued emergency AD
2010-06-51, which applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes.

Background

    The FAA received a report of failure of the aft attach lugs on the
left elevator tab control mechanism, which resulted in severe elevator
vibration. The flightcrew diverted from the intended route and made an
uneventful landing. Subsequent investigation revealed extensive damage
to the elevator tab control system. Severe vibration in this attach
point is suspected of allowing rapid wear of the joint, and resulted in
failure of the attach lugs. This condition, if not corrected, could
result in a loss of aircraft control and structural integrity.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 737-27A1296, dated
March 12, 2010. The service bulletin describes procedures for a
detailed inspection to detect discrepancies of the inboard and outboard
aft attach lugs of the elevator tab control mechanism. Discrepancies
include movement or rotation of the spacer, and gaps between the swage
ring and the aft attach lug or between the spacer and the aft attach
lug. The service bulletin describes procedures for replacing any
discrepant elevator tab control mechanism, including performing the
detailed inspection on the replacement part before and after
installation. For certain airplanes, the compliance time for the
inspection is 12 or 30 days, depending on airplane line number, total
accumulated flight cycles, and approval for operation under extended
twin operations (ETOPS).

FAA's Determination and Requirements of This AD

    Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design, we issued emergency AD
2010-06-51 to detect and correct a loose bearing in the aft lug of the
elevator tab control mechanism, which could result in unwanted elevator
and tab vibration. The consequent structural failure of the elevator or
horizontal stabilizer could result in loss of aircraft control and
structural integrity. The AD requires accomplishing the actions
specified in the service information previously described, except as
described in ``Differences Between this AD and the Service Bulletin.''
This AD also requires reporting the inspection results to Boeing.
    We found that immediate corrective action was required; therefore,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on March 12, 2010, to all known U.S. owners and operators of The
Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER
series airplanes. These conditions still exist, and the AD is hereby
published in the Federal Register as an amendment to section 39.13 of
the Federal Aviation Regulations (14 CFR 39.13) to make it effective to
all persons.

Differences Between This AD and the Service Bulletin

    The effectivity of Boeing Alert Service Bulletin 737-27A1296, dated
March 12, 2010, includes all Model 737-600, -700, -700C, -800, -900,
and -900ER series airplanes. The inspection requirements of this AD,
however, affect only those airplanes subject to a short compliance time
(within 12 or 30 days). Because the suspect components may be installed
as replacements on all airplanes subject to this AD, paragraph (l) of
this AD requires that the part be inspected before and after
installation. We may consider superseding this AD to apply the
inspection requirements to the remaining airplanes, which would be
subject to a longer compliance time that would allow enough time to
provide notice and opportunity for prior public comment on the merits
of the inspection for these airplanes.

Interim Action

    This AD is considered to be interim action. The inspection reports
that are required by this AD will enable the manufacturer to obtain
better insight into the nature, cause, and extent of the issue, and
eventually to develop final action to address the unsafe condition.
Once final action has been identified, we might consider further
rulemaking.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2010-0230; Directorate Identifier 2010-NM-071-AD'' at
the beginning of your comments. We specifically invite

comments on the overall regulatory, economic, environmental, and energy
aspects of this AD. We will consider all comments received by the
closing date and may amend this AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

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 have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If this
emergency regulation is later deemed significant under DOT Regulatory
Policies and Procedures, we will prepare a final regulatory evaluation
and place it in the AD Docket. See the ADDRESSES section for a location
to examine the regulatory evaluation, if filed.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2010-06-51 The Boeing Company: Amendment 39-16250. Docket No. FAA-
2010-0230; Directorate Identifier 2010-NM-071-AD.

Effective Date

    (a) This AD becomes effective April 7, 2010, to all persons
except those persons to whom it was made immediately effective by
emergency AD 2010-06-51, issued on March 12, 2010, which contained
the requirements of this amendment.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes; certificated in
any category.

 Subject

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

Unsafe Condition

    (e) This AD results from a report of failure of the aft attach
lugs on the left elevator tab control mechanism, which resulted in
severe elevator vibration. The Federal Aviation Administration is
issuing this AD to detect and correct a loose bearing in the aft lug
of the elevator tab control mechanism, which could result in
unwanted elevator and tab vibration. The consequent structural
failure of the elevator or horizontal stabilizer could result in
loss of aircraft control and structural integrity.

Compliance

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

Inspection and Corrective Action

    (g) For Groups 1, 2, and 3; and Group 4, Configuration 2; as
identified in Boeing Alert Service Bulletin 737-27A1296, dated March
12, 2010: At the applicable time specified in paragraph 1.E.
Compliance of Boeing Alert Service Bulletin 737-27A1296, dated March
12, 2010, except as required by paragraph (i) of this AD, do a
detailed inspection of the inboard and outboard aft attach lugs of
the left and right elevator control tab mechanisms for gaps between
the swage ring and the aft attach lug, and between the spacer and
the aft attach lug; and try to move or rotate the spacer using hand
pressure, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010.
    (h) If, during accomplishment of the actions required by
paragraph (g) of this AD, any gap is found between the swage ring
and the aft attach lug, or between the spacer and the aft attach
lug; or if the spacer moves or rotates: Before further flight, do
the actions required by paragraphs (h)(1) and (h)(2) of this AD, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-27A1296, dated March 12, 2010.
    (1) Inspect the replacement elevator tab control mechanism for
discrepancies, as specified in paragraph (g) of this AD; and, if no
discrepancy is found, install the replacement elevator tab control
mechanism.
    (2) Re-inspect the installed elevator tab control mechanism, as
required by paragraph (g) of this AD.

Exception to Service Bulletin Specifications

    (i) Where Boeing Alert Service Bulletin 737-27A1296, dated March
12, 2010, specifies a compliance time after the date of the original
issue of the service bulletin, this AD requires compliance within
the specified compliance time after the effective date of this AD.

Inspection Done According to Multi Operator Message (MOM)

    (j) An inspection done before the effective date of this AD
according to Boeing Multi Operator Message Number MOM-MOM-10-0159-
01B, dated March 10, 2010, is considered acceptable for compliance
with the corresponding inspection specified in paragraph (g) of this
AD.

Reporting

    (k) At the applicable time specified in paragraph (k)(1) or
(k)(2) of this AD: Submit a report of the findings (both positive
and negative) of the inspections required by paragraph (g) of this
AD to Boeing Commercial Airplanes Group, Attention: Manager, Airline
Support, e-mail<EMAIL_ADDRESS>The report must include the
inspection results including a description of any discrepancies
found, the airplane line number, and the number of flight cycles and
flight hours accumulated on the airplane. Under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has approved the information collection
requirements contained in this AD and has assigned OMB Control
Number 2120-0056.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 10 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report

within 10 days after the effective date of this AD.

Parts Installation

    (l) For all airplanes: As of the effective date of this AD, no
person may install an elevator tab control mechanism, part number
251A2430-( ), on any airplane, unless the mechanism has been
inspected before and after installation, in accordance with the
requirements of paragraph (g) of this AD, and no discrepancies have
been found.

Special Flight Permit

    (m) Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

Alternative Methods of Compliance (AMOCs)

    (n)(1) The Manager, Seattle Aircraft Certification Office (ACO),
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: Kelly McGuckin, Aerospace Engineer, Systems and Equipment
Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be e-mailed to 9-ANM-Seattle-ACO-AMOC-
<EMAIL_ADDRESS>    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically refer to this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

Material Incorporated by Reference

    (o) You must use Boeing Alert Service Bulletin 737-27A1296,
dated March 12, 2010, to do the actions required by this AD, unless
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on March 18, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-6786 Filed 4-1-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Notices]
[Pages 34395-34396]
[FR Doc No: 2015-14744]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-1883-000]

Adelanto Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Aldelanto Solar, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 30, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies

of the intervention or protest to the Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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>.

    Dated: June 10, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-14744 Filed 6-15-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: May 12, 2010 (Volume 75, Number 91)]
[Rules and Regulations]
[Page 26650-26653]
[DOCID:fr12my10-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0129]
RIN 1625-AA00

Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the regulations establishing
permanent safety zones in the Captain of the Port Lake Michigan zone
during annual events. When these safety zones are activated, and thus
subject to enforcement, this rule would restrict vessels from portions
of water areas during annual events that pose a hazard to public
safety. The safety zones established by this rule are necessary to

protect spectators, participants, and vessels from the hazards
associated with fireworks displays, boat races, and other events.

DATES: This rule is effective June 11, 2010.

ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket USCG-2010-0129 and are available online at http://
www.regulations.gov. This material is also available for inspection or
copying at two locations: 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 and the U.S.
Coast Guard Sector Lake Michigan, 2420 South Lincoln Memorial Drive,
Milwaukee, WI 53207, between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call BM1 Adam Kraft, Prevention Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at<PHONE_NUMBER> or e-mail him at
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 23, 2010, we published a notice of proposed rule making
(NPRM) entitled Safety Zones; Annual Events requiring safety zones in
the Captain of the Port Lake Michigan zone, in the Federal Register (75
FR 13707). We received 0 letters commenting on the proposed rule. No
public meeting was requested, and none was held.

Basis and Purpose

    This rule amends the regulations found in 33 CFR 165.929, Annual
Events requiring safety zones in the Captain of the Port, Sector Lake
Michigan's zone. This rule revises the location of three safety zones
to reflect the correct enforcement areas, and add two new reoccurring
events that require safety zones. These safety zones are necessary to
protect vessels and people from the hazards associated with firework
displays, boat races, and other events. Such hazards include
obstructions to the waterway that may cause marine casualties and the
explosive danger of fireworks and debris falling into the water that
may cause death or serious bodily harm.

Discussion of Comments and Changes

    No comments were received regarding this rule.

Regulatory Analysis

    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

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed this rule under that Order.
    The Coast Guard's enforcement of these safety zones will be
periodic in nature, of short duration, and designed to minimize the
impact on navigable waters. These safety zones will only be enforced
immediately before and during the time the events are occurring.
Furthermore, these safety zones have been designed to allow vessels to
transit unrestricted to portions of the waterways not affected by the
safety zones. The Coast Guard expects insignificant adverse impact to
mariners from the changes and addition of these safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would 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
would not have a significant economic impact on a substantial number of
small entities.
    This rule would affect the following entities, some of which might
be small entities: The owners of operators of vessels intending to
transit or anchor in the areas designated as safety zones during the
dates and times the safety zones are being enforced.
    These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
rule will be in effect for short periods of time and is designed to
allow traffic to pass safely around the zone whenever possible; and
allows vessels to pass through the zone with the permission of the
Captain of the Port, Sector Lake Michigan.

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 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 may
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.

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 Commandant Instruction M16475.lD
and Department of Homeland Security Directive 023-01, which guides 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. Therefore, this
rule is categorically excluded, under figure 2-1, paragraph 34 (g) of
the Instruction. This rule amends permanent safety zones established in
the Captain of the Port Lake Michigan Zone to protect the public from
the hazards associated during annual events.
    A final environmental analysis check list and a final 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.

0
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. 1226, 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, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Amend Sec.  165.929 to revise (a)(15)(i), (a)(52)(i), and
(a)(65)(i); and to add paragraphs (a)(82) and (a)(83) to read as
follows:

Sec.  165.929  Safety Zones; Annual events requiring safety zones in
the Captain of the Port Lake Michigan zone.

    (a) * * *
    (15) Taste of Chicago Fireworks; Chicago IL.
    (i) Location. All waters of Monroe Harbor and all waters of Lake
Michigan bounded by a line drawn from 41[deg]53'24'' N, 087[deg]35'59''
W; then east to 41[deg]53'15'' N, 087[deg]35'26'' W; then south to
41[deg]52'49'' N, 087[deg]35'26'' W; then southwest to 41[deg]52'27''
N, 087[deg]36'37'' W; then north to 41[deg]53'15'' N, 087[deg]36'33''
W; then east returning to the point of origin. (NAD 83)
* * * * *
    (52) Gary Air and Water Show; Gary, IN.
    (i) Location. All waters of Lake Michigan bounded by a line drawn
from 41[deg]37'42'' N, 087[deg]16'38'' W; then east to 41[deg]37'54''
N, 087[deg]14'00'' W; then south to 41[deg]37'30'' N, 087[deg]13'56''
W; then west to 41[deg]37'17'' N, 087[deg]16'36'' W; then north
returning to the point of origin. (NAD 83)
* * * * *
    (65) Venetian Night Fireworks; Chicago, IL.
    (i) Location. All waters of Monroe Harbor and all waters of Lake
Michigan bounded by a line drawn from 41[deg]53'03'' N, 087[deg]36'36''
W; then east to 41[deg]53'03'' N, 087[deg]36'21'' W; then south to
41[deg]52'27'' N, 087[deg]36'21'' W; then west to 41[deg]52'27'' N,
087[deg]36'37'' W; then north returning to the point of origin. (NAD
83)
* * * * *
    (82) Cochrane Cup; Blue Island, IL.
    (i) Location. All waters of the Calumet Sag Channel from the South
Halstead Street Bridge at 41[deg]39'27'' N, 087[deg]38'29'' W; to the
Crawford Avenue Bridge at 41[deg]39'05'' N, 087[deg]43'08'' W; and the
Little Calumet River from the Ashland Avenue Bridge at 41[deg]39'7'' N,
087[deg]39'38'' W; to the junction of the Calumet Sag Channel at
41[deg]39'23'' N, 087[deg]39' W (NAD 83).
    (ii) Enforcement date and time. The first Saturday of May; 6:30
a.m. to 5 p.m.
    (83) World War II Beach Invasion Re-enactment; St. Joseph, MI.
    (i) Location. All waters of Lake Michigan in the vicinity of
Tiscornia Park in St. Joseph, MI beginning at 42[deg]06.55 N,
086[deg]29.23 W; then west/northwest along the north breakwater to
42[deg]06.59 N, 086[deg]29.41 W; the northwest 100 yards to
42[deg]07.01 N, 086[deg]29.44 W; then northeast 2,243 yards to
42[deg]07.50 N, 086[deg]28.43 W; the southeast to the shoreline at
42[deg]07.39 N, 086[deg]28.27 W; then southwest along the shoreline to
the point of origin (NAD 83).
    (ii) Enforcement date and time. The third Saturday of June; 8 a.m.
to 2 p.m.
* * * * *

    Dated: April 28, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-11265 Filed 5-11-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Notices]
[Page 63186]
[DOCID:fr23oc08-82]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1791-DR]

Texas; Amendment No. 7 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster for the
State of Texas (FEMA-1791-DR), dated September 13, 2008, and related
determinations.

DATES: Effective Date: October 8, 2008.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 8, 2008, the President amended the cost-sharing
arrangements regarding Federal funds provided under the authority of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121-5207 (the Stafford Act), in a letter to R. David Paulison,
Administrator, Federal Emergency Management Agency, Department of
Homeland Security, as follows:

    I have determined that the damage in certain areas of Texas,
resulting from Hurricane Ike during the period of September 7 to
October 2, 2008, is of sufficient severity and magnitude that
special conditions are warranted regarding the cost-sharing
arrangement concerning Federal funds provided under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121-5207 (the Stafford Act).
    Therefore, I amend my previous declarations of September 13,
2008, and September 16, 2008, and authorize Federal funds for
assistance for debris removal and emergency protective measures
(Categories A and B), including direct Federal assistance, under the
Public Assistance program, at 100 percent of the total eligible
costs for an additional 30 days beyond the previous 14-day period,
retroactive to the date of the major disaster declaration.
    This adjustment to State and local cost sharing applies only to
Public Assistance costs and direct Federal assistance eligible for
such adjustments under the law. The law specifically prohibits a
similar adjustment for funds provided to States for Other Needs
Assistance (Section 408) and the Hazard Mitigation Grant Program
(Section 404). These funds will continue to be reimbursed at 75
percent of total eligible costs.
    This cost share is effective as of the date of the President's
major disaster declaration.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-25259 Filed 10-22-08; 8:45 am]

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