[Federal Register: October 23, 2007 (Volume 72, Number 204)]
[Proposed Rules]
[Page 59967-59969]
[DOCID:fr23oc07-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0075; Directorate Identifier 2007-NM-171-AD]
RIN 2120-AA64

Airworthiness Directives; EMBRAER Model EMB-120, -120ER, -120FC,
-120QC, and -120RT Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. 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:

    It has been found that former revisions of the Maintenance
Review Board Report (MRBR) of the EMB-120( ) aircraft do not fully
comply with some Critical Design Configuration Control Limitations
(CDCCL) and Fuel System Limitations (FSL). These limitations are
necessary to preclude ignition sources in the fuel system, as
required by RBHA-E88/SFAR-88 (Special Federal Aviation Regulation
No. 88).
* * * * * * *
    The potential of ignition sources, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent loss
of the airplane. The proposed AD would require actions that are
intended to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 23,
2007.

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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office

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

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0075;
Directorate Identifier 2007-NM-171-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
; including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the airworthiness authority for Brazil, has issued Brazilian
Airworthiness Directive 2007-05-02, effective June 6, 2007 (referred to
after this as ``the MCAI''), to

correct an unsafe condition for the specified products. The MCAI
states:

    It has been found that former revisions of the Maintenance
Review Board Report (MRBR) of the EMB-120( ) aircraft do not fully
comply with some Critical Design Configuration Control Limitations
(CDCCL) and Fuel System Limitations (FSL). These limitations are
necessary to preclude ignition sources in the fuel system, as
required by RBHA-E88/SFAR-88 (Special Federal Aviation Regulation
No. 88).
    Since this condition affects flight safety, a corrective action
is required. Thus, sufficient reason exists to request compliance
with this AD in the indicated time limit.

    The potential of ignition sources, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent loss
of the airplane. The corrective action is revising the Airworthiness
Limitations Section of the Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank systems. You may obtain
further information by examining the MCAI in the AD docket.
    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.

Relevant Service Information

    EMBRAER has issued Temporary Revision No. 22-1 of the EMB-120
Maintenance Review Board Report (MRBR), dated November 18, 2005; and
Section 6, Part D, Critical Design Configuration Control Limitation
(CDCCL) of the MRBR, dated March 22, 2005. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 109 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $8,720, or $80 per product.

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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2007-0075; Directorate Identifier 2007-NM-171-AD.

Comments Due Date

    (a) We must receive comments by November 23, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Embraer Model EMB-120, -120ER, -
120FC, -120QC, and -120RT airplanes; certificated in any category.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane. The FAA has
provided guidance for this determination in Advisory Circular (AC)
25-1529-1.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    It has been found that former revisions of the Maintenance
Review Board Report (MRBR) of the EMB-120( ) aircraft do not fully
comply with some Critical Design Configuration Control Limitations
(CDCCL) and Fuel System Limitations (FSL). These limitations are
necessary to preclude ignition sources in the fuel system, as
required by RBHA-E88/SFAR-88 (Special Federal Aviation Regulation
No. 88).
    Since this condition affects flight safety, a corrective action
is required. Thus, sufficient reason exists to request compliance
with this AD in the indicated time limit.
    The potential of ignition sources, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent
loss of the airplane. The corrective action is revising the
Airworthiness Limitations Section of the Instructions for Continued
Airworthiness to incorporate new limitations for fuel tank systems.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 1 month after the effective date of this AD, revise
the Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate Tasks 15 to 18 of Section 6--
``Part E--Fuel Systems Limitations,'' Temporary Revision No. 22-1 of
the EMB-120 Maintenance Review Board Report (MRBR), dated November
18, 2005. For all tasks identified in the MRBR, the initial
compliance times start from the later of the times specified in
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, and the repetitive
inspections must be accomplished thereafter at the interval
specified in the MRBR, except as provided by paragraph (f)(3) of
this AD.
    (i) The effective date of this AD.
    (ii) The date of issuance of the original Brazilian standard
airworthiness certificate or the date of issuance of the original
Brazilian export certificate of airworthiness.
    (2) Within 1 month after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate the CDCCLs to include items 1) and 2) of Section 6--
``Part D--Critical Design Configuration Control Limitations,'' of
the EMB-120 MRBR, dated March 22, 2005.
    (3) For the functional checks and detailed visual inspections,
Tasks 15 to 18 of Section 6--``Part E--Fuel Systems Limitations,''
Temporary Revision No. 22-1 of the EMB-120 Maintenance Review Board
Report (MRBR), dated November 18, 2005: The initial compliance time
is within 4,000 flight hours or 48 months after the effective date
of this AD, whichever occurs first. Thereafter those tasks must be
accomplished at the repetitive interval specified in ``Part E--Fuel
Systems Limitations,'' Temporary Revision No. 22-1 of the EMB-120
Maintenance Review Board Report (MRBR), dated November 18, 2005.
    (4) Except as provided by paragraph (g) of this AD: After
accomplishing the actions specified in paragraphs (f)(1) and (f)(2)
of this AD, no alternative inspection, inspection intervals, or
CDCCLs may be used.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2007-05-02,
effective June 6, 2007, EMBRAER Temporary Revision No. 22-1 of the
EMB-120 Maintenance Review Board Report (MRBR), dated November 18,
2005, and Section 6, ``Part D, Critical Design Configuration Control
Limitations,'' of the EMB-120 MRBR, dated March 22, 2005, for
related information.

    Issued in Renton, Washington, on October 12, 2007.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E7-20821 Filed 10-22-07; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54072-54074]
[FR Doc No: 2021-21272]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0757]
RIN 1625-AA00

Safety Zone; Key West Paddle Classic, Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
certain navigable waters surrounding Key West, Florida, during the Key
West Paddle Classic event. The safety zone is necessary to ensure the
safety of event participants and spectators. Persons and non-
participant vessels are prohibited from entering, transiting through,
anchoring in, or remaining within the safety zone unless authorized by
the Captain of the Port (COTP) Key West or a designated representative.

DATES: This rule is effective from 8 a.m. until 3 p.m. on October 2,
2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2021-0757 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Vera Max, Waterways Management
Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305)
292-8768; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
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 final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(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 is impracticable and contrary to
the public interest. The Coast Guard did not receive necessary
information from the event sponsor for this year's event until
September 16, 2021. The Coast Guard has an existing safety zone for
this event in 33 CFR 165.786, Table to Sec.  165.786, Line No. 4.1;
however, the existing regulation only covers the event when it is
scheduled on the last weekend of April. There is not sufficient time to
publish an NPRM and respond to comments as the event will take place on
October 2, 2021.
    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 event is taking place on
October 2, 2021, and immediate action is needed to respond to the
potential safety hazards associated with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The Captain of the Port Key West (COTP) has determined
that potential hazards associated with open water swim events will be a
safety concern for persons and vessels in the regulated area. This rule
is needed to ensure the safety of the event participants, the general
public, vessels and the marine environment in the navigable waters
within the safety zone during the Key West Paddle Classic paddle board
event.

IV. Discussion of the Rule

    This rule establishes a moving safety zone on October 2, 2021 for a
period of 7 hours, from 8 a.m. to 3 p.m. The moving safety zone will
cover all waters within 50 yards in front of the lead safety vessel
preceding the first event participants, 50 yards behind the safety
vessel trailing the last event participants, and at all times extend
100 yards on either side of safety vessels. The event course begins at
Higgs Beach in Key West, Florida, moves west to the area offshore of
Fort Zach State Park, north through Key West Harbor, east through
Fleming Key Cut, south through Cow Key Channel, and west returning back
to Higgs Beach. The event is scheduled to take place from 8 a.m. to 3
p.m. Approximately 200 paddle boarders and six safety vessels are
anticipated to participate in the event. The zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during the event. Persons and non-participant vessels
are prohibited from entering, transiting through, anchoring in, or
remaining within the safety zone without obtaining permission from the
COTP Key West or a designated representative. If authorization to
enter, transit through, anchor in, or remain within the safety zone is
granted by the COTP Key West or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP Key West or a designated representative. The
Coast Guard will provide notice of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, or by on-scene designated
representatives.

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 Executive Order 12866. 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 available exceptions to the enforcement of the
safety zone. The regulated area will impact small designated areas of
the Atlantic Ocean and Gulf of Mexico around Key West, Florida, for
only 7 hours and thus is limited in time and scope. Furthermore, the
rule will allow vessels to seek permission to enter the zone. Non-
participant persons and vessels may enter, transit through, anchor in,
or remain within the regulated area during the enforcement periods if
authorized by the COTP or a designated representative. Vessels not able
to enter, transit through, anchor in, or remain within the regulated
area without authorization from the COTP or a designated representative
may operate in the surrounding areas during the 7 hour enforcement
period. The Coast Guard will issue a Local Notice to Mariners and a
Broadcast Notice to Mariners, allowing mariners to make alternative
plans or seek permission to transit the zone.

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
contact 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

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

their discretionary regulatory actions. In particular, the Act
addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or more in any one year. Though
this rule will not result in such 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 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. The regulated area will impact small designated areas of
the Atlantic Ocean and Gulf of Mexico around Key West, Florida, for
only 7 hours and thus is limited in time and scope. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01. 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 contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

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; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T07-0757 to read as follows:

Sec.  165.T07-0757   Safety Zone; Key West Paddle Classic, Key West,
FL.

    (a) Location. The following regulated area is a moving safety zone:
All waters extending 100 yards to either side of the race participants
and safety vessels; extending 50 yards in front of the lead safety
vessel preceding the first race participants; and extending 50 yards
behind the safety vessel trailing the last race participants. The event
course begins at Higgs Beach in Key West, Florida, moves west to the
area offshore of Fort Zach State Park, north through Key West Harbor,
east through Fleming Key Cut, south through Cow Key Channel, and west
returning back to Higgs Beach with turnaround point at Alligator Reef
Lighthouse.
    (b) Definition. As used in this section, the term ``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 Key West (COTP) in the enforcement of
the safety zone.
    (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 COTP Key West or a designated
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP Key West
by telephone at<PHONE_NUMBER>, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP Key West or a designated
representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 8 a.m.
until 3 p.m. on October 2, 2021.

    Dated: September 24, 2021.
A. Chamie,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2021-21272 Filed 9-29-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78446-78447]
[FR Doc No: 2014-30461]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1027]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Infant Formula Recall Regulations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Infant Formula Recall
Regulations'' has been approved by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 27, 2014, the Agency submitted a
proposed collection of information entitled ``Infant Formula Recall
Regulations'' to OMB for review and clearance under 44 U.S.C. 3507. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it

displays a currently valid OMB control number. OMB has now approved the
information collection and has assigned OMB control number 0910-0188.
The approval expires on November 30, 2017. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: December 22, 2014.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2014-30461 Filed 12-29-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29435-29436]
[FR Doc No: 2014-11862]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-113-000]

Dominion Cove Point LNG, LP; Notice of Availability of the
Environmental Assessment and Draft General Conformity Determination for
the Proposed Cove Point Liquefaction Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the Cove
Point Liquefaction Project (Project) proposed by Dominion Cove Point
LNG, LP (DCP) in the above-referenced docket. DCP requests
authorization to construct and operate facilities to process and export
domestically sourced liquefied natural gas (LNG) at the existing Cove
Point LNG Terminal (LNG Terminal) in Calvert County, Maryland. The
Project would enable DCP to export approximately 5.75 million metric
tons per annum of LNG via LNG marine carriers that would dock at the
existing offshore pier. A draft General Conformity Determination has
also been prepared by the FERC to assess the potential air quality
impacts associated with construction and operation of the proposed
Project and is included as appendix B of the EA.
    The EA assesses the potential environmental effects of the
construction and operation of the Project in accordance with the
requirements of the National Environmental Policy Act (NEPA). The draft
General Conformity Determination was prepared to implement the
conformity provision of the Clean Air Act. The FERC staff concludes
that approval of the proposed Project, with appropriate mitigating
measures, would not constitute a major federal action significantly
affecting the quality of the human environment.
    The U.S. Department of Energy, U.S. Department of Transportation,
U.S. Army Corps of Engineers, U.S. Coast Guard, and Maryland Department
of Natural Resources participated as cooperating agencies in the
preparation of the EA and draft General Conformity Determination.
Cooperating agencies have jurisdiction by law or special expertise with
respect to resources potentially affected by the proposal and
participate in the NEPA analysis. Although the cooperating agencies
provided input to the conclusions and recommendations presented in the
EA, the agencies will present their own conclusions and recommendations
in their respective Records of Decision or determinations for the
Project.
    The proposed facilities associated with the LNG Terminal include
the following:
     One LNG liquefaction train consisting of gas treatment
equipment, natural gas-fired turbine-driven refrigerant compressors,
waste heat recovery systems, fire and gas detection and safety systems,
and control systems;
     additional power generation including waste heat-driven
steam turbine generators and other electrical accessories to supplement
the existing on-site power generation;
     minor modifications to the existing pier; and
     the use of two off-site areas to support construction.
    The Project would also include the addition of up to 62,500
horsepower of electric-driven compression at DCP's existing Pleasant
Valley Compressor Station in Fairfax County, Virginia, and
modifications to an existing metering and regulating facility at DCP's
Loudoun Compressor Station in Loudoun County, Virginia.
    The FERC staff mailed copies of the EA and draft General Conformity
Determination to federal, state, and local government representatives
and agencies; elected officials; environmental and public interest
groups; Native American tribes; potentially affected landowners and
other interested individuals and groups; libraries in the Project area;
and parties to this proceeding. In addition, the EA, including the
draft General Conformity Determination, has been placed in the public
files of the FERC and is available

for public viewing on the FERC's Web site at www.ferc.gov using the
eLibrary link. A limited number of copies of the EA and draft General
Conformity Determination are also available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-
8371.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that the Commission has the opportunity to consider your
comments prior to making its decision on this project, it is important
that we receive your comments in Washington, DC on or before June 16,
2014.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. In all instances please reference the
Project docket number (CP13-113-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. This is an easy method for
interested persons to submit brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site at www.ferc.gov under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. A
comment on a particular project is considered a ``Comment on a
Filing;'' or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Room 1A, Washington, DC 20426.
    (4) In lieu of sending written or electronic comments, the
Commission invites you to attend a public comment meeting that its
staff will conduct in the Project area to receive comments on the EA
and draft General Conformity Determination. We encourage interested
groups and individuals to attend and present oral comments on the EA
and draft General Conformity Determination. A transcript of the meeting
will be available for review in eLibrary under the Project docket
number. The meeting is scheduled as follows:

------------------------------------------------------------------------
               Date and time                          Location
------------------------------------------------------------------------
Saturday, May 31, 2014, 1:00-6:00 p.m.....  Patuxent High School,
                                            12485 Southern Connector
                                             Boulevard,
                                            Lusby, MD 20657.
------------------------------------------------------------------------

    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (18 CFR 385.214).\1\ Only intervenors have the
right to seek rehearing of the Commission's decision. The Commission
grants affected landowners and others with environmental concerns
intervenor status upon showing good cause by stating that they have a
clear and direct interest in this proceeding which no other party can
adequately represent. Simply filing environmental comments will not
give you intervenor status, but you do not need intervenor status to
have your comments considered.
---------------------------------------------------------------------------

    \1\ See the previous discussion on the methods for filing
comments.
---------------------------------------------------------------------------

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP13-
113). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: May 15, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-11862 Filed 5-21-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Rules and Regulations]
[Page 36288-36291]
[DOCID:fr25jn10-5]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-1080]
RIN 1625-AA00, 1625-AA11

Amended Safety Zone and Regulated Navigation Area, Chicago
Sanitary and Ship Canal, Romeoville, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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

SUMMARY: The Coast Guard is revising its safety zone and Regulated
Navigation Area (RNA) on the Chicago Sanitary and Ship Canal (CSSC)
near Romeoville, IL. This revised temporary interim rule reduces the
areas covered by the safety zone and RNA, and places additional
restrictions on vessels that may transit the RNA.

DATES: Effective Date: Temporary section, Sec.  165.T09-1080, is
effective June 25, 2010 until 5 p.m. on December 1, 2010. This revision
is enforceable with actual notice beginning upon date of signature.
    Comment Period: Comments and related material must reach the Docket
Management Facility on or before August 24, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-1080 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Commander Tim Cummins, Deputy Prevention Division,
Ninth Coast Guard District, telephone<PHONE_NUMBER>. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-1080), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a telephone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-1080'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8[frac12] by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-1080 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit
either the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. We have an agreement
with the Department of Transportation to use the Docket Management
Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please

explain why you believe a public meeting would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

Regulatory Information

    The Coast Guard is issuing this temporary interim 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.'' For the reasons discussed below,
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 based upon data which indicates that Asian carp are much
closer to the Great Lakes waterway system than originally thought. The
possibility exists that vessels will transport Asian carp eggs,
gametes, or juvenile fish safely through the electrical dispersal
barrier in water attained south of the fish barrier that is then
transported and discharged on the other side of the barrier. The Asian
carp are the subject of an ongoing multi-agency study aimed at
preventing their introduction into the Great Lakes. The proposed
temporary safety zone and RNA will allow that multi-agency effort to
progress towards its goal of protecting people, vessels, and the
environment from the hazards associated with the possible introduction
of invasive species such as Asian carp into the Great Lakes.
    As such, the USCG must take immediate steps in order to prevent
possible introduction of Asian carp before the ongoing effort can be
completed. Therefore, it would be against the public interest to delay
the issuing of this rule. Additionally, for the same reasons, the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register under 5 U.S.C.
553(d)(3).
    For additional discussion of the good cause surrounding the
issuance of the safety zone and RNA being revised by this rule, refer
to the issuance of the initial temporary final rule on January 6, 2010
(75 FR 754, 755).

Background and Purpose

    The discussion that follows was published previously in the initial
temporary final rule on January 6, 2010 (75 FR 754).
    The Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990, as amended by the National Invasive Species Act of 1996,
authorized the United States Army Corps of Engineers (USACE) to conduct
a demonstration project to identify an environmentally sound method for
preventing and reducing the dispersal of non-indigenous aquatic
nuisance species through the Chicago Sanitary and Ship Canal (CSSC).
The USACE selected an electric barrier because it is a non-lethal
deterrent with a proven history, which does not overtly interfere with
navigation in the canal.
    A demonstration dispersal barrier (Barrier I) was constructed and
has been in operation since April 2002. It is located approximately 30
miles from Lake Michigan and creates an electric field in the water by
pulsing low voltage DC current through steel cables secured to the
bottom of the canal. A second barrier, Barrier IIA, was constructed 800
to 1300 feet downstream of the Barrier I. The potential field strength
for Barrier IIA is up to four times that of the Barrier I. Barrier IIA
was successfully operated for the first time for approximately seven
weeks in September and October 2009, while Barrier I was taken down for
maintenance. Construction on a third barrier (Barrier IIB) is planned;
Barrier IIB would augment the capabilities of Barriers I and IIA.
    In the spring of 2004, a commercial towboat operator reported an
electrical arc between a wire rope and timberhead while making up a tow
in the vicinity of Barrier I. During subsequent USACE safety testing,
sparking was observed at points where metal-to-metal contact occurred
between two barges in the barrier field.
    The electric current in the water also poses a safety risk to
commercial and recreational boaters transiting the area. The Navy
Experimental Diving Unit (NEDU) was tasked with researching how the
electric current from the barriers would affect a human body if
immersed in the water. The NEDU final report concluded that the
possible effects to a human body if immersed in the water include
paralysis of body muscles, inability to breathe, and ventricular
fibrillation.
    A Safety Work Group facilitated by the Coast Guard and in
partnership with the USACE and industry initially met in February 2008
and focused on three goals: (1) Education and public outreach, (2)
keeping people out of the water, and (3) egress/rescue efforts. The
Safety Work Group has regularly been attended by eleven stakeholders,
including industry representatives such as the American Waterways
Operators and Illinois River Carriers Association, the Army Corps of
Engineers Chicago District, Coast Guard Marine Safety Unit Chicago,
Coast Guard Sector Lake Michigan/Captain of the Port Lake Michigan, and
the Ninth Coast Guard District.
    Based on the safety hazards associated with electric current
flowing through navigable waterways and the uncertainty of the effects
of higher voltage on people and vessels that pass over and adjacent to
the barriers, the Coast Guard is implementing operational restrictions,
via an RNA, on vessels until proper testing and analysis of such
testing can be completed by the USACE. The Coast Guard appreciates the
commercial significance of this waterway and will work closely with the
USACE to reduce operational restrictions as soon as possible; however,
it is imperative that the RNA be immediately enacted to avoid loss of
life.
    On December 2, 2009, rotenone, a fish toxicant, was applied to
approximately six miles of the CSSC while barrier maintenance was
conducted to ensure no fish were able to transit the barrier. One
Silver Carp was found in the area immediately south of the barrier.
Similarly e-dna was detected north of the barrier, in an area of the
Cal Sag Channel immediately below the O'Brien Locks and at the
confluence of the Cal Sag Channel and the CSSC. This e-dna indicates
the potential presence of Carp, but in the subsequent fishing
operations, we were not able to determine a number or mass of the fish
present.
    Affected parties are reminded that the USACE may again raise the
operating parameters of the fish barrier in response to ongoing tests
regarding the effectiveness of the barrier on the Asian carp. In
addition, when USACE activates barrier IIB, additional testing will be
necessary to ensure the safety of vessels. If this occurs, it is
possible that fewer vessels will be given permission to enter the RNA
and safety zone until further safety testing and analysis can be
completed and current timelines for a final rule will be extended.

Discussion of Rule

    This temporary interim rule amends 33 CFR 165.T09-1080, issued on
January 6, 2010 (75 FR 759), which established a safety zone and RNA on
the waters of the CSSC. The purpose of this rule is to change the area
sizes of the safety zone and RNA, and to place additional restrictions
on vessels that may transit the RNA. This rule amends

33 CFR 165.T09-1080(a)(1), which established the area of the safety
zone, to read ``450 feet south of the Romeo Road Bridge'', instead of
``958 feet south of the Romeo Road Bridge''. This rule amends Sec.
165.T09-1080 (b)(1), which established the size of the RNA, to reduce
the size of the RNA from mile markers 295.0-297.5 to mile markers
295.5-297.2. This rule amends Sec.  165.T09-1080 (b)(2)(ii), which
listed restrictions on vessels that may transit the RNA, by adding two
more restrictions on vessels that may transit the RNA. Vessels must be
greater than 20 feet to transit the RNA. Additionally, personal
watercraft, motorized and non-motorized, of any kind (e.g. jet skis,
wave runners, kayaks etc.) will not be permitted to transit the RNA.
    All other provisions of the safety zone and RNA remain unchanged.

Regulatory Analyses

    We developed this temporary interim 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 temporary interim 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 it under that Order.
    Because this regulated navigation area and safety zone must be
implemented immediately without a full notice and comment period, the
full economic impact of this rule is difficult to determine at this
time, and that the revisions being made by this rule are minimal. What
follows is the regulatory impact statement that published on January 6,
2010, when this temporary interim rule was first established:
    This rule will affect commercial traffic transiting the electrical
dispersal fish barrier system and surrounding waters. The USACE
maintains data about the commercial vessels using the Lockport Lock and
Dam, which provides access to the proposed RNA. According to USACE
data, the commercial traffic through the Lockport Lock consisted of 147
towing vessels and 13,411 barges during 2007. Of those, 96 towing
vessels and 2,246 barges were handling red flag cargo (i.e., those
carrying hazardous, flammable, or combustible material in bulk).
    Recreational vessels will also be affected under this rule.
According to USACE data, recreational vessels made up 66 percent of the
usage of the Lockport Lock and Dam in 2007. Operation and maintenance
of the USACE fish barrier will continue to affect recreational vessels
as they have in the past. The majority of these vessels will still be
able to transit the RNA under this rule.
    The potential cost associated with this rule will include bow boat
assistance for red flag vessels and the potential cost associated with
possible delays or inability to transit the RNA for those vessels
transporting non-potable water attained on one side of the barrier for
discharge on the other.
    Operators have been using bow boat assistance, under prior
temporary rules, to mitigate the risk posed by the electrical dispersal
fish barrier system operated by USACE. Based on information from the
Ninth Coast Guard District, several tow boat operators are already
refraining from permitting the discharge of non-potable water attained
on one side of the barrier to the other.
    We expect some provisions in this rule will not result in
additional costs. These include loitering, mooring and PFD
requirements. Similar to prior temporary rules, vessels are prohibited
from mooring or loitering in the RNA and all personnel in the RNA on
open decks are required to wear a Coast Guard approved Type I personal
flotation device. Most commercial and recreational operators will have
required flotation devices on board as a result of other requirements
and common safe boating practices. Based on the past temporary rules,
we observed no information and received no data to confirm there were
additional costs as a result of these provisions.
    In addition, the initial test results at the current operating
parameters of two volts per inch indicate that the majority of
commercial and recreational vessels that regularly transit the CSSC
will be permitted to enter the regulated navigation area and safety
zone under certain conditions. Those vessels that will not be permitted
to pass through the barrier may be permitted, on a case by case basis,
to pass via a dead ship tow by a commercial vessel that is able to
transit.
    We expect the benefits of this rule will mitigate marine safety
risks as a result of the operation and maintenance of the fish barriers
by the USACE. This rule will allow commerce to continue through the
waters adjacent to and over these barriers. This rule will also
mitigate the possibility of an Asian Carp introduction into Lake
Michigan, and the Great Lakes system, as a result of commerce through
the CSSC.
    At this time, based on available information from past temporary
rules, we anticipate that this rule will not be economically
significant under Executive Order 12866 (i.e., have an annual effect on
the economy of $100 million or more). The Coast Guard urges interested
parties to submit comments that specifically address the economic
impacts of this temporary interim rule. Comments can be made online by
following the procedures outlined above in the ADDRESSES section.

Small Entities

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) requires
agencies to consider whether regulatory actions 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. An RFA analysis is not required when a
rule is exempt from notice and comment rulemaking under 5 U.S.C.
553(b). The Coast Guard determined that this rule is exempt from notice
and comment rulemaking pursuant to 5 U.S.C. 553(b)(B). Therefore, an
RFA analysis is not required for this rule.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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 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 temporary 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 that this action is one of the category of actions which
do not individually or cumulatively have significant effect on the
human environment. Therefore, this rule is categorically excluded,
under section 2.B.2 Figure 2-1, paragraph (34)(g), as well as paragraph
(27) of the Instruction and neither an environmental assessment nor an
environmental impact statement is required. This rule involves the
establishing, disestablishing, or changing of regulated navigation
areas and security or safety zones. This temporary rule will assist the
aforementioned multi-agency effort to research and manage the possible
impact of the Asian carp on the Great Lakes. 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 record
keeping 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. In Sec.  165.T09-1080, revise paragraphs (a)(1) and (b)(1), and add
paragraphs (b)(2)(ii)(J) and (b)(2)(ii)(K) to read as follows:

Sec.  165.T09-1080  Safety Zone and Regulated Navigation Area, Chicago
Sanitary and Ship Canal, Romeoville, IL.

    (a) * * *
    (1) The following area is a temporary safety zone: All waters of
the Chicago Sanitary and Ship Canal, Romeoville, IL located between
mile marker 296.1 (approximately 450 feet south of the Romeo Road
Bridge and mile marker 296.7 (aerial pipeline located approximately
0.51 miles north east of Romeo Road Bridge).
* * * * *
    (b) * * *
    (1) The following is a regulated navigation area (RNA): All waters
of the Chicago Sanitary and Ship Canal, Romeoville, IL located between
mile marker 295.5 (approximately 3600 feet south of the Romeo Road
Bridge) and mile marker 297.2 (approximately 0.5 miles north of the
pipeline arch).
    (2) * * *
    (ii) * * *
    (J) Vessels must be greater than twenty feet in length.
    (K) Vessels must not be a personal watercraft of any kind (e.g. jet
skis, wave runners, kayaks, etc.).
* * * * *

    Dated: June 15, 2010.
M. N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2010-15398 Filed 6-24-10; 8:45 am]
BILLING CODE 9110-04-P