[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Proposed Rules]
[Pages 88276-88279]
[FR Doc No: 2023-28034]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2245; Project Identifier MCAI-2023-00973-R]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Leonardo S.p.a Model AW189 helicopters. This proposed AD was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. This proposed AD would require revising the
airworthiness limitations section (ALS) of the existing helicopter
maintenance manual or instructions for continued airworthiness (ICA)
for your helicopter and the existing approved maintenance or inspection
program for your helicopter, as applicable, as specified in a European
Union Aviation Safety Agency (EASA) AD, which is proposed for
incorporation by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by February 5,
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR

11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2245; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material identified in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email [email protected]; internet easa.europa.eu. You may find
the EASA material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. The EASA material is also
available at regulations.gov under Docket No. FAA-2023-2245.
    Other Related Service Information: For Leonardo Helicopters service
information identified in this NPRM, contact Leonardo S.p.A., Emanuele
Bufano, Head of Airworthiness, Viale G. Agusta 520, 21017 C. Costa di
Samarate (Va) Italy; telephone (+39) 0331-225074; fax (+39) 0331-
229046; or at customerportal.leonardocompany.com/en-US/. You may also
view this service information at the FAA contact information under
Material Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone (781)
238-7241; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2245; Project Identifier
MCAI-2023-00973-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Sungmo Cho, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone<PHONE_NUMBER>; email:
[email protected]. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued a series of ADs with the most recent being
EASA AD 2023-0161, dated August 16, 2023 (EASA AD 2023-0161), to
correct an unsafe condition on Leonardo S.p.A. Model AW189 helicopters.
    This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address fatigue cracking, damage, and corrosion in
principal structural elements.
    You may examine the EASA AD in the AD docket at regulations.gov
under Docket No. FAA-2023-2245.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0161 requires replacing components before exceeding
their life limits and accomplishing maintenance tasks within thresholds
and intervals specified in the applicable ALS as defined in EASA AD
2023-0161. Depending on the results of the maintenance tasks, EASA AD
2023-0161 requires accomplishing corrective action(s) or contacting
Leonardo [Leonardo S.p.a.] for approved instructions and accomplishing
those instructions. EASA AD 2023-0161 also requires revising the
Aircraft Maintenance Programme (AMP) by incorporating the limitations,
tasks, and associated thresholds and intervals described in the
specified ALS as applicable to the helicopter model and configuration.
Revising the AMP constitutes terminating action for the requirement to
record accomplishment of the actions of replacing components before
exceeding their life limits and accomplishing maintenance tasks within
the thresholds and intervals specified in the applicable ALS as
required by EASA AD 2023-0161 for demonstration of AD compliance on a
continued basis.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA also reviewed Leonardo AW189 document 89-A-AMPI-00-P, Air
Vehicle Maintenance Planning Information, Chapter 4, Airworthiness
Limitations, Issue 25, dated July 5, 2023, for helicopters equipped
with General Electric CT7-2E1 engines. This service information
specifies procedures for airworthiness limitations, tasks, and
associated thresholds and intervals for various parts; including a new
or more restrictive airworthiness limitation for a certain component
installed in the main rotor gearbox.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all

known relevant information and determining that the unsafe condition
described previously is likely to exist or develop on other helicopters
of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2023-0161, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the EASA AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0161 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0161 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2023-0161 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0161. Service information referenced in EASA AD 2023-0161 for
compliance will be available at regulations.gov under Docket No. FAA-
2023-2245 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2023-0161 requires replacing certain components before
exceeding applicable life limits, accomplishing certain maintenance
tasks within thresholds and intervals as specified in the ALS, as
defined within, and depending on the results, accomplishing corrective
action within the compliance time specified in that ALS. EASA AD 2023-
0161 also requires revising the approved AMP to incorporate the
limitations, tasks, and associated thresholds and intervals described
in that ALS within 12 months after its effective date. Whereas, this
proposed AD would require revising existing documents and programs
within 30 days to incorporate the limitations, tasks, and associated
thresholds and intervals described in that ALS, and clarifies that if
an incorporated limitation or threshold therein is reached before 30
days after the effective date of the final rule of this proposed AD,
you still have up to 30 days after the effective date of the final rule
of this proposed AD to accomplish the corresponding task.
    Additionally, EASA AD 2023-0161 requires using 89-E-AMPI-00-P Air
Vehicle Maintenance Planning Information, Chapter 04, ALS Issue 09,
dated July 5, 2023, for revising the ALS. This service information is
applicable for helicopters equipped with SAFRAN ANETO-1K engines. This
proposed AD would not allow this service information because that
engine has not been FAA type-certificated for Model AW189 helicopters.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 4 helicopters of U.S. Registry. Labor rates are estimated at $85
per work-hour. Based on these numbers, the FAA estimates the following
costs to comply with this proposed AD.
    Revising the ALS of the existing helicopter maintenance manual or
instructions for ICA for your helicopter and the existing approved
maintenance or inspection program for your helicopter, as applicable,
would take about 2 work-hours for an estimated cost of $170 per
helicopter and $680 for the U.S. fleet.

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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Leonardo S.p.a.: Docket No. FAA-2023-2245; Project Identifier MCAI-
2023-00973-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by February 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AW189 helicopters,
certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6320, Main rotor
gearbox.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking, damage, and corrosion
in principle structural elements. The unsafe condition, if not
addressed, could result in failure of a part and loss of control of
the helicopter.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0161, dated August 16, 2023 (EASA AD 2023-0161).

(h) Exceptions to EASA AD 2023-0161

    (1) Where EASA AD 2023-0161 defines ``the ALS'' as ``Leonardo
AW189 document 89-A-AMPI-00-P (Air Vehicle Maintenance Planning
Information), Chapter 04, Airworthiness Limitations Section (ALS)
Issue 025, applicable for helicopters equipped with General Electric
(GE) CT7-2E1 engines; or document 89-E-AMPI-00-P (Air Vehicle
Maintenance Planning Information), Chapter 04, ALS Issue 09,
applicable for helicopters equipped with SAFRAN ANETO-1K engines.;''
for this AD, replace that definition with ``Leonardo AW189 document
89-A-AMPI-00-P, Air Vehicle Maintenance Planning Information,
Chapter 4, Airworthiness Limitations, Issue 25, dated July 5, 2023
(for helicopters equipped with General Electric CT7-2E1 engines).''
    (2) Where EASA AD 2023-0161 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) This AD does not adopt the requirements specified in
paragraphs (1), (2), (4), and (5) of EASA AD 2023-0161.
    (4) Where paragraph (3) of EASA AD 2023-0161 specifies ``Within
12 months after the effective date of this AD, revise the approved
AMP,'' this AD requires replacing those words with ``Within 30 days
after the effective date of this AD, revise the airworthiness
limitations section of your existing helicopter maintenance manual
or instructions for continued airworthiness and your existing
approved maintenance or inspection program, as applicable.''
    (5) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0161 is on or before the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2023-0161, or within 30
days after the effective date of this AD, whichever occurs later.
    (6) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0161.

(i) Provisions for Alternative Actions, Thresholds, and Intervals,
Including Life Limits

    No alternative actions and associated thresholds and intervals,
including life limits, are allowed for compliance with paragraph (g)
of this AD unless they are approved as specified in the provisions
of the ``Ref. Publications'' section of EASA AD 2023-0161.

(j) Special Flight Permit

    Special flight permits are prohibited.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (l) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    For more information about this AD, contact Sungmo Cho, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; phone<PHONE_NUMBER>; email: [email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0161,
dated August 16, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0161, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find the EASA
material on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email: [email protected].

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28034 Filed 12-20-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Rules and Regulations]
[Pages 67906-67909]
[FR Doc No: 2016-23711]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0824]
RIN 1625-AA00

Safety Zone; Dredging, Shark River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; change of effective period.

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SUMMARY: The Coast Guard is extending the effective period for the
temporary safety zone on a portion of Shark River, in Neptune City, NJ.
That temporary regulation was set to expire September 30, 2016.
Extending the effective period for this safety zone provides continued
and uninterrupted protection for the dredge operations and for the
safety of life on navigable waters during dredging operations.

DATES: This rule is effective September 30, 2016. Effective September
30, 2016, the effective period for Sec.  165.T05-0824, added at 81 FR
59484, August 30, 2016, effective from September 1, 2016, through
September 30, 2016, is extended through October 31, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to, type USCG-2016-0824 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 about this rule,
call or email Marine Science Technician First Class Tom Simkins, U.S.
Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    Efforts to dredge the Shark River have been underway for well over
a decade. After Superstorm Sandy the need to dredge the river increased
significantly due to sediment deposited by the storm, which impeded
navigation within those channels. Funding issues and concerns over
dewatering locations (locations to dry the dredged materials) have
historically stalled the progress of this project.
    Mobile Dredging and Pumping Co. have been awarded the contract to
restore the state channels to allow safe passage for recreational and
commercial traffic. The project requires dredging approximately 102,000
cubic yards of sediment comprised of sand and silt. The sediment will
be hydraulically dredged and piped via a secure welded pipeline to the
selected dewatering locations.

    The purpose of this rule is to promote maritime safety and protect
vessels from the hazards of dredge piping and dredge operations. The
rule will temporarily restrict vessel traffic from transiting a portion
of the Shark River while dredging operations are being conducted in the
main navigational channel.
    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the final details for this event,
specifying the need for the dredging operation to continue from October
1, 2016 through October 31, 2016, were not received by the Coast Guard
until September 15, 2016. It is impracticable to publish an NPRM
because we must establish this safety zone October 1, 2016. Failing to
extend the effective dates for this rule pending completion of notice
and comment rulemaking is impracticable and contrary to the public
interest because it would cause a gap in the ability to enforce the
needed safety zone. The dredge and dredge piping are positioned in the
main navigational channel in order for the dredging company to complete
the proper dredging of the main navigational channel. Allowing this
event to continue without a safety zone in place would expose mariners
and the public to unnecessary dangers associated with dredge piping and
dredge operations. Therefore, it is imperative that the safety zone
restricting traffic in this portion of the Shark River, in Neptune
City, NJ remain in place.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register for the reasons stated
above. The Coast Guard expects that there will be an impact to vessel
traffic during times when the navigational channel is restricted.
However, there will be times throughout the project where vessel
traffic is not restricted and traffic will be able to freely flow
through the main navigational channel. Furthermore, notification of the
waterway restrictions will be made by the contractor, Mobile Dredging
and Pumping Co. Additionally the New Jersey Department of
Transportation, Office of Marine Resources, will be conducting outreach
to the local community. Notification of the safety zone and waterway
restrictions will be made by the COTP via marine safety broadcast using
VHF-FM channel 16 and through the Local Notice to Mariners.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port, Delaware Bay has determined that
potential hazards are associated with dredge piping and dredge
operations from October 1, 2016, through October 31, 2016. The rule is
necessary to promote maritime safety and protect vessels from the
hazards of dredge piping and dredge operations.
    The rule will have an impact to vessels transiting through the
Shark River main navigational channel, from latitude
40[deg]10'53.2579'' N., longitude 074[deg]01'52.6231'' W., bounded by
the eastern side of the channel and the western side of the channel,
north, to latitude 40[deg]11'21.0139'' N., longitude
074[deg]01'53.1749'' W. as vessels will be unable to transit the main
navigational channel during times when dredging operations are being
conducted. This restriction is necessary to ensure the safety of life
and protect vessel from dredge piping and dredge operations.

IV. Discussion of the Rule

    On September 1, 2016, dredging began on a portion of the Shark
River in Neptune City, NJ. The Captain of the Port, Delaware Bay,
determined that the hazards associated with dredge piping and dredge
operations in the main navigational channel created the need for a
safety zone to ensure safety of vessels transiting this portion and for
workers engaged in dredge piping and dredging operations of the Shark
River.
    The safety zone closed the main navigational channel on all the
navigable waters on the Shark River from latitude 40[deg]10'53.2579''
N., longitude 074[deg]01'52.6231'' W., bounded by the eastern side of
the channel and the western side of the channel, north, to latitude
40[deg]11'21.0139'' N., longitude 074[deg]01'53.1749'' W.; during times
of dredging. Dredging for the main navigational channel was scheduled
from September 1, 2016, through September 30, 2016, from 9 a.m. to 9
p.m. Monday through Thursday. The Coast Guard is extending the
effective period for the temporary safety zone through October 31,
2016. Entry into, transiting, or anchoring within this portion of Shark
River during these times is prohibited. These coordinates are based on
the World Geodetic System 1984 (WGS 84) horizontal datum reference.
    The channel will be open from October 1, 2016, through October 31,
2016, each week from 9 p.m. to 9 a.m., Monday through Thursday. Vessels
may transit freely during these times, and vessels are requested to
contact the dredge via VHF-FM channel 13 or 16 to make satisfactory
passing arrangement and maintain a safe speed when transiting the main
navigational channel.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive order 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This finding is based on the limited size of the zone and duration
of the safety zone. Although the main navigational channel of this
portion of the Shark River will be closed for periods of time
throughout the dredging operation, there are designated times where the
channel will be open for vessel traffic and traffic will be able to
flow freely. Vessels will only be affected 84-hours weekly, from 9 a.m.
to 9 p.m. Monday through Thursday, during October 2016. The safety zone
and channel closure will be well publicized to allow mariners to make
alternative plans for transiting the affected area.

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.
    It is expected that there will be some disruption to the maritime
community. Before the effective period, the Coast Guard, Mobile
Dredging and Pumping Co., and New Jersey Department of Transportation's
Office of Marine Resources will issue maritime advisories, widely
available to users of the Shark River, describing times and dates of
waterway closures and openings.
    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 above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone encompassing all the waters from latitude
40[deg]10'53.2579'' N., longitude 074[deg]01'52.6231'' W., bounded by
the eastern side of the channel and the western side of the channel,
north, to latitude 40[deg]11'21.0139'' N., longitude
074[deg]01'53.1749'' W., in the Shark River, in Neptune City, NJ. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

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 set forth below and extends the effective period for
Sec.  165.T05-0824 from September 30, 2016, through October 31, 2016.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Effective September 30, 2016, revise Sec.  165.T05-0824 to read as
follows:

Sec.  165.T05-0824  Safety Zone, Dredging; Shark River, NJ.

    (a) Regulated areas. The following areas are safety zone: All
waters from latitude 40[deg]10'53.2579'' N., longitude
074[deg]01'52.6231'' W., bounded by the eastern side of the channel and
the western side of the channel, north, to latitude 40[deg]11'21.0139''
N., longitude 074[deg]01'53.1749'' W., in the Shark River, in Neptune
City, NJ. These coordinates are based on the World Geodetic System 1984
(WGS 84) horizontal datum reference.
    (b) Regulations. The general safety zone regulations in Sec.
165.23 apply to the safety zone created by this temporary section.
    (1) All vessels and persons are prohibited from entering into or
moving within the safety zone described in paragraph (a) of this
section while it is subject to enforcement, unless authorized by the
Captain of the Port, Delaware Bay, or by his designated representative.
    (2) Persons or vessels seeking to enter or pass through the safety
zone must contact the Captain of the Port, Delaware Bay, or his
designated representative to seek permission to transit the area. The
Captain of the Port, Delaware Bay can be contacted at telephone number
215-271-4807 or on Marine Band Radio VHF Channel 16 (156.8 MHz).

    (3) Vessels may freely transit this portion of the Shark River from
9 p.m. to 9 a.m. Monday through Thursday. Vessels are requested to
contact the dredge via VHF-FM channel 13 or 16 to make satisfactory
passing arrangement and maintain a safe speed when transiting the main
navigational channel during times of channel openings.
    (5) This section applies to all vessels except those engaged in the
following operations: enforcing laws, servicing aids to navigation and
emergency response vessels.
    (c) Definitions. As used in this section:
    Captain of the Port Delaware Bay means the Commander, U.S. Coast
Guard Sector Delaware Bay, Philadelphia, PA.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Delaware Bay to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement periods. This section will be enforced weekly from
9 a.m. to 9 p.m. Monday through Thursday, through October 31, 2016.

    Dated: September 27, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2016-23711 Filed 9-30-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: December 31, 2007 (Volume 72, Number 249)]
[Notices]
[Page 74407-74408]
[DOCID:fr31de07-121]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Agency Information Collection Activities

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice of OMB Approvals.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) and 5 CFR 1320.5(b), this notice announces that
new information collection requirement (ICR) listed below has been
approved by the Office of Management and Budget (OMB). This new ICR
pertains to 49 CFR Part 262. Additionally, FRA hereby announces that
other ICRs listed below have been re-approved by the Office of
Management and Budget (OMB). These ICRs pertain to Parts 215, 216, 219,
223, and 239. The OMB approval numbers, titles, and expiration dates
are included herein under supplementary information.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave., SE., Mail Stop 25, Washington, DC 20590 (telephone:
(202) 493-6292), or Gina Christodoulou, Office of Support Systems, RAD-
43, Federal Railroad Administration, 1200 New Jersey Ave., NW., Mail
Stop 35, Washington, DC 20590 (telephone:<PHONE_NUMBER>). (These
telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law No. 104-13, Sec.  2, 109 Stat. 163 (1995) (codified as
revised at 44 U.S.C. 3501-3520), and its implementing regulations, 5
CFR Part 1320, require Federal agencies to display OMB control numbers
and inform respondents of their legal significance once OMB approval is
obtained. The following new FRA information collections were approved
in the last year: (1) OMB No. 2130-0572, Causal Analysis and
Countermeasures to Reduce Rail-related Suicides (Forms FRA F 6180.125A
and FRA F 6180.125B), and (2) OMB No. 2130-0573, Implementation of
Program for Capital Grants for Rail Line Relocation and Improvement
Projects (49 CFR 262). The expiration date for these two new
collections of information is November 30, 2010.
    The following information collections were re-approved: (1) OMB No.
2130-0504, Special Notice for Repairs (49 CFR part 216) (Forms FRA F
6180.8 and FRA 6180.8A). The new expiration date for this information
collection is August 31, 2010. (2) OMB No. 2130-0511, Designation of
Qualified Persons (49 CFR 215). The new expiration date for this
information collection is May 31, 2010. (3) OMB No. 2130-0526, Control
of Alcohol and Drug Use in Railroad Operations (49 CFR 219) (Forms FRA
F 6180.73 and FRA F 6180.74). The new expiration date for this
information collection is March 31, 2010. (4) OMB No. 2130-0545,
Passenger Train Emergency Preparedness (49 CFR 223 and 239). The new
expiration date for this information collection is May 31, 2010. (5)
OMB No. 2130-0555, FRFB Employees Who Perform Train or Dispatching
Service in the United States (49 CFR 219). The new expiration date for
this information collection is August 31, 2010.
    Persons affected by the above referenced information collections
are not required to respond to any collection of information unless it
displays a currently valid OMB control number. These approvals by the
Office of Management and Budget (OMB) certify that FRA has complied
with the provisions of the Paperwork Reduction Act of 1995 (Pub. L.
104-13) and with 5 CFR 1320.5(b) by informing the public about OMB's
approval of the information collection requirements of the above cited
forms and regulations.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC on December 21, 2007.
D.J. Stadtler,
Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. E7-25334 Filed 12-28-07; 8:45 am]

BILLING CODE 4910-06-P