[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36713-36717]
[FR Doc No: 2015-15756]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0764]
RIN 1625-AA00

Safety Zones, St. Petersburg Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing several safety zones within
the Sector St. Petersburg Captain of the Port Zone. This action will
establish safety zones that restrict port operations in the event of
reduced or restricted visibility, or during natural disasters, e.g.
hurricanes. It will also establish safety zones around firework
platforms, structures or barges during the storage, preparation, and
launching of fireworks.

DATES: This rule is effective on June 26, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0764. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket

Folder on the line associated with this rulemaking. You may also visit
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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Omar La Torre Reyes, Sector St. Petersburg
Waterways Management Branch, U.S. Coast Guard; telephone (813) 228-
2191, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This regulatory amendment will add safety zone regulations
regarding port closures due to hurricanes and other disasters, reduced
or restricted visibility as well as a safety zone around all fireworks
barges, structures, and piers.
    We received one comment on the proposed rule. No public meeting was
requested and none were held.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to
establish safety zones: 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.
    The purpose of these regulations is to ensure the safety of life on
navigable waters of the United States through the addition of
regulations regarding port closures in the event of hurricanes and
other disasters and reduced or restricted visibility. It will establish
a safety zone around all firework barges, structures, and piers.
    Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the dangers involved with
restricted visibility, hurricanes, and fireworks as well as the
upcoming hurricane season starting June 1, it is in the best interest
of the public to have a regulation in place and to not delay its
effective date.

C. Comments, Changes and the Final Rule

    One comment was received after the NPRM (80 FR 14335, Mar. 19,
2015) comment period closed expressing concern about potential over-
regulation. Specifically, the comment relayed that fireworks displays
could be sufficiently regulated biannually; however, there are several
documented fireworks displays throughout the calendar year that require
barges. The comment also proposed alternative methods of regulation
during hurricanes by using VTS for restricted visibility and relying on
television stations to inform the public about hurricanes in order to
relieve cost and burden on the taxpayer. However, the safety zones will
reduce cost to the taxpayer by eliminating the need to draft a
temporary final rule for each period of restricted visibility,
hurricane, and fireworks event. This will significantly reduce the man
hours and resources used to draft these regulations.

D. 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 or executive orders. These
regulations were routed through and approved by the Tampa Bay Harbor
Safety and Security Committee.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    Due to the unexpected and quick nature of hurricanes and other
disasters, emergency temporary final rules are implemented for each
individual event. This regulation is not significant regulatory action
and will reduce time and paper work since an emergency temporary final
rule would not have to be implemented each time. This rule provides
advance notice of actions the Coast Guard intends to take in the event
a natural disaster occurs.
    There are already several special local regulations establishing
regulated areas around fireworks events. The safety zone that is being
added is not expected to have a significant regulatory action due to
the use of temporary final rules to establish safety zones for each
event.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 above. 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.

4. 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.).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. 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.

7. 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 would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

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

9. 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.

10. Protection of Children From Environmental Health Risks

    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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a
determination 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 is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A
environmental analysis checklist supporting this determination is
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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 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. Add Sec.  165.781 to read as follows:

Sec.  165.781  Safety Zone; Hurricanes and other Disasters in Western
Florida.

    (a) Regulated Areas. The following areas are established as a
safety zone during the specified conditions:
    (1) All waters within the Sector St. Petersburg Captain of the Port
zone encompassing all navigable waters or tributaries between or within
Fenholloway River through Chokoloskee Pass, Florida.
    (2) [Reserved]
    (b) Definition. (1) Designated Representative means Coast Guard
Patrol Commanders including Coast Guard coxswains, petty officers and
other officers operating Coast Guard vessels, and federal, state, and
local officers designated by or assisting the COTP, in the enforcement
of regulated navigation areas, safety zones, and security zones.
    (2) Hurricane Port Condition WHISKEY means condition set when
weather advisories indicates sustained gale force winds (39-54 mph/34-
47 knots) from a tropical or hurricane force storm are predicted to
make landfall at the port within 72 hours.
    (3) Hurricane Port Condition X-RAY means condition set when weather
advisories indicates sustained gale force winds (39-54 mph/34-47 knots)
from a tropical or hurricane force storm are predicted to make landfall
at the port within 48 hours.
    (4) Hurricane Port Condition YANKEE means condition set when
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) from a tropical or hurricane force storm are predicted to
make landfall at the port within 24 hours.
    (5) Hurricane Port Condition ZULU means condition set when weather
advisories indicate that sustained gale force winds (39-54 mph/34-47
knots) from a tropical or hurricane force storm are predicted to make
landfall at the port within 12 hours.
    (c) Regulations. (1) Hurricane Port Condition WHISKEY. All vessel
and port facilities must exercise due diligence in preparation for
potential storm impacts. Slow-moving vessels may be ordered to depart
to ensure safe avoidance of the incoming storm upon the anticipation of
the setting of Port Condition X-RAY. The PHWAG will make
recommendations to the Captain of the Port to identify vessels that may
need to be diverted to ensure the safety of the port. Ports and
waterfront facilities shall begin removing all debris and securing
potential flying hazards. Container stacking plans shall be
implemented. Waterfront facilities that, are unable to reduce container
stacking height to no more than four high, must submit a container
stacking protocol to the Captain of the Port (COTP).
    (2) Hurricane Port Condition X-RAY. All vessels and port facilities
shall ensure that potential flying debris is removed or secured.
Hazardous materials/pollution hazards must be secured in a safe manner
and away from waterfront areas. Facilities shall continue to implement
container stacking protocol. Containers must not exceed four tiers,
unless previously approved by the COTP. Containers carrying hazardous
materials may not be stacked above the second tier. All oceangoing
commercial vessels greater than 500-gross tons must prepare to depart
ports and anchorages within Tampa Bay. These vessels shall depart
immediately upon the setting of Port Condition YANKEE. During this
condition slow-moving vessels may be ordered to depart to ensure safe
avoidance of the incoming storm. A

COTP Order will be issued to vessels asked to depart early. COTP orders
requiring vessel departure will be considered on a case-by-case basis.
Vessels that are unable to depart the port must contact the COTP to
request and receive permission to remain in port. Proof of facility
owner/operator approval is required. Vessels with COTP's permission to
remain in port must implement their pre-approved mooring arrangement.
Terminal operators shall prepare to terminate all cargo operations. The
COTP may require additional precautions to ensure the safety of the
ports and waterways. Coast Guard Port Assessment Teams will be deployed
to validate implementation of Port Condition X-RAY. The COTP will
convene the Port Heavy Weather Advisory Group (PHWAG) as deemed
necessary.
    (3) Hurricane Port Condition YANKEE. Affected ports are closed to
inbound vessel traffic. All oceangoing commercial vessels greater than
500-gross tons must have departed Tampa Bay. Appropriate container
stacking protocol must be completed. Terminal operators must terminate
all cargo operations not associated with storm preparations: cargo
operations associated with storm preparations include moving cargo
within or off the port for securing purposes, crane and other port/
facility equipment preparations, and similar activities, but do not
include moving cargo onto the port or vessel loading/discharging
operations unless specifically authorized by the COTP. All facilities
shall continue to operate in accordance with approved Facility Security
Plans and comply with the requirements of the Maritime Transportation
Security Act (MTSA). Drawbridges may be closed to vessel traffic as
early as eight hours prior to the arrival of tropical storm force
winds. Coast Guard Port Assessment Teams will conduct Port Condition
YANKEE validation. The COTP will convene the Port Heavy Weather
Advisory Group (PHWAG), as deemed necessary.
    (4) Hurricane Port Condition ZULU. All port waterfront operations
are suspended, except final preparations that are expressly permitted
by the COTP necessary to ensure the safety of the ports and facilities.
Coast Guard Port Assessment Teams will conduct final port assessments.
    (5) Emergency Restrictions for Other Disasters. Any natural or
other disasters that are anticipated to affect the Sector St.
Petersburg Captain of the Port zone will result in the prohibition of
commercial vessel traffic transiting or remaining in the port and/or
facility operations.

0
3. Add Sec.  165.782 to read as follows:

Sec.  165.782  Safety Zone; Restricted Visibility in Tampa Bay.

    (a) Regulated Areas. The following areas are established as safety
zones during the specified conditions:
    (1) Zone 1 (Interbay) means all navigable waters within a box
marked by the following coordinates: 27[deg]52'56'' N., 82[deg]29'44''
W.; thence to 27[deg]52'50'' N., 82[deg]23'41'' W.; thence to
27[deg]57'27'' N., 82[deg]23'50'' W. thence to 27[deg]57'19'' N.,
82[deg]29'39'' W.. This encompasses all Navigable waterways North of
Hillsborough Cut ``C'' Channel LB ``25'' (LLNR 23445) & ``26'' (LLNR
23450).
    (2) Zone 2 (East Tampa/Big Bend) means all navigable waters within
a box marked by the following coordinates: 27[deg]52'50'' N.,
82[deg]23'41'' W.; thence to 27[deg]46'36'' N.; 82[deg]24'04'' W.;
thence to 27[deg]46'29'' N., 82[deg]31'21'' W.; thence to
27[deg]52'59'' N., 82[deg]31'24'' W. This zone encompasses all
navigable waterways between Hillsborough Cut ``C'' Channel LB ``25''
(LLNR 23445) & ``26'' (LLNR 23450) to Cut ``6F'' (LLNR 22830) Channel.
    (3) Zone 3 (Old Tampa Bay) means all navigable waters within a box
marked by the following coordinates: 27[deg]46'29'' N., 82[deg]31'21''
W.; 28[deg]01'58'' N., 82[deg]31'39'' W.; thence to 28[deg]02'01'' N.,
82[deg]43'20'' W.; thence to 27[deg]46'15'' N., 82[deg]43'24'' W. This
zone encompasses all navigable waterways between all of Old Tampa Bay
to Cut ``6F'' (LLNR 22830) Channel.
    (4) Zone 4 (Middle Tampa Bay) means all navigable waters within a
box marked by the following coordinates: 27[deg]46'34'' N.,
82[deg]34'04'' W.; thence to 27[deg]38'40'' N., 82[deg]31'54'' W.;
thence to 27[deg]44'38'' N., 82[deg]40'44'' W.; thence to
27[deg]46'15'' N., 82[deg]40'46'' W. This zone encompasses all
navigable waterways between Cut ``6F'' (LLNR 22830) Channel to Tampa
Bay ``1C'' (LLNR 22590).
    (5) Zone 5 (Lower Tampa Bay/Manatee) means all navigable waters
within a box marked by the following coordinates: 27[deg]44'33'' N.,
82[deg]40'37'' W.; thence to 27[deg]58'59'' N., 82[deg]40'34'' W.;
thence to 27[deg]36'18'' N., 82[deg]38'57'' W.; thence to
27[deg]34'10'' N., 82[deg]34'50'' W.; thence to 27[deg]37'56'' N.,
82[deg]31'15'' W. This zone encompasses all navigable waterways between
Tampa Bay ``1C'' (LLNR 22590) to Sunshine Skyway Bridge.
    (6) Zone 6 (Mullet Key) means all navigable waters within a box
marked by the following coordinates: 27[deg]38'59'' N., 82[deg]40'35''
W.; thence to 27[deg]36'44'' N., 82[deg]44'13'' W.; thence to
27[deg]32'20'' N., 82[deg]44'37'' W.; thence to 27[deg]31'18'' N.,
82[deg]38'59'' W.; thence to 27[deg]34'09'' N., 82[deg]34'53'' W.;
thence to 27[deg]36'15'' N., 82[deg]39'00'' W. This zone encompasses
all navigable waterways between the Sunshine Skyway Bridge to Mullet
Key Channel LB ``21'' (LLNR 22365) & ``22'' (LLNR 22370).
    (7) Zone 7 (Egmont Entrance) means all navigable waters within the
area encompassed by the following coordinates: 27[deg]36'27'' N.,
82[deg]44'14'' W.; thence to 27[deg]39'46'' N., 82[deg]44'45'' W.;
thence to 27[deg]39'36'' N., 83[deg]05'10'' W.; thence to
27[deg]32'29'' N., 83[deg]04'50'' W.; thence to 27[deg]32'21'' N.,
82[deg]44'42'' W. This zone includes the fairway anchorages.
    (8) All coordinates are North American Datum 1983.
    (b) Definition. (1) Designated Representative means Coast Guard
Patrol Commanders including Coast Guard coxswains, petty officers and
other officers operating Coast Guard vessels, and federal, state, and
local officers designated by or assisting the COTP, in the enforcement
of regulated navigation areas, safety zones, and security zones.
    (2) [Reserved]
    (c) Regulations. (1) Vessel should not commence an inbound, shift,
or outbound transit during periods where visibility is less than one
nautical mile due to fog or inclement weather.
    (2) The COTP may open or close Tampa Bay or specific zones to
vessel traffic described in the regulated areas section of this
chapter.

0
4. Add Sec.  165.783 to read as follows:

Sec.  165.783  Safety Zone; Firework Displays in Captain of the Port
Zone St. Petersburg, Florida.

    (a) Regulated Area. The following area is established as a safety
zone during the specified conditions: All waters within the Sector St.
Petersburg COTP Zone up to a 500-yard radius of all firework platforms,
structures or barges during the storage, preparation, and launching of
fireworks. Designated representatives may reduce the 500-yard zone
based on prevailing conditions and enforcement needs.
    (1) The Coast Guard realizes that some large scale events, such as
those with many participants or spectators, or those that could
severely restrict navigation or pose a significant hazard, may still
require separate special local regulations or safety zones that address
the specific peculiarities of the event. In those situations, the Coast
Guard will create special local regulations or safety zones
specifically for the event. Those regulations will supersede the
regulations in this section.

    (2) All firework platforms, structures or barges will also have a
sign on their port and starboard side labeled ``FIREWORKS--STAY AWAY''.
This sign will consist of 10-inch high by 1.5-inch wide red lettering
on a white background. Shore fireworks site that affect navigable
waterways will display a sign with the aforementioned specifications.
    (b) Definitions.
    Designated Representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the COTP, in the enforcement of regulated
navigation areas, safety zones, and security zones.
    Captain of the Port (COTP) for the purpose of this section means
the Commanding Officer of Coast Guard Sector St. Petersburg.
    Captain of the Port St. Petersburg Zone is defined in 33 CFR 3.35-
35.
    (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 Coast Guard Captain of the Port
St. Petersburg or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain in the regulated area may contact the Captain of the Port
St. Petersburg via telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain in the
regulated area is granted by the Captain of the Port St. Petersburg or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port St. Petersburg or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area via
Broadcast Notice to Mariners or by on-scene designated representatives.
Fireworks platforms, piers, and structures will also have signs to
notify the public of the danger and to keep away.
    (4) This section does not apply to authorized law enforcement
agencies operating within the regulated area.

    Dated: June 2, 2015.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2015-15756 Filed 6-25-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Notices]
[Page 24708]
[DOCID:fr05my10-98]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0474]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Inspection by Accredited Persons
Program Under the Medical Device User Fee and Modernization Act of 2002

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Inspection by Accredited Persons
Program Under the Medical Device User Fee and Modernization Act of
2002'' has been approved by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of January 19, 2010
(75 FR 2871), the agency announced that the proposed information
collection had been submitted 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 0910-0510.
The approval expires on February 28, 2013. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: April 29, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-10577 Filed 5-4-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 82, Number 20 (Wednesday, February 1, 2017)]
[Notices]
[Pages 8926-8927]
[FR Doc No: 2017-02068]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2221-031]

Empire District Electric Company; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Transfer of Project Lands.
    b. Project No: 2221-031.
    c. Date Filed: December 5, 2016.
    d. Applicant: Empire District Electric Company.
    e. Name of Project: Ozark Beach Hydroelectric Project.
    f. Location: The project is located on the White River in Taney
County, Missouri.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Kyle Slagle, Plant Manager; 3292 State
Highway Y, Forsyth, MO, 6565;<PHONE_NUMBER>;
<EMAIL_ADDRESS>    i. FERC Contact: Krista Sakallaris,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: February 24, 2017.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, or recommendations using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior

registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. The first page of any filing should
include docket number P-2221-031
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: Empire District Electric Company
(Empire) is requesting approval to transfer fee title of 23.9 acres or
approximately 3,500 linear feet, within the boundary of the Ozark Beach
Hydroelectric Project No. 2221, to private property owners. The
transfer of land ownership would be subject to retaining a flowage
easement that would permit Empire to operate and manage the reservoir
as required by the project's license. The licensee states that the
lands do not provide public access to project lands and waters; and
there are no scenic public recreational, cultural, or other protected
species on these lands requiring protection. The licensee is requesting
to transfer the land to resolve issues concerning property rights and
encroachments in this area.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: January 24, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-02068 Filed 1-31-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 122 (Tuesday, June 27, 2023)]
[Proposed Rules]
[Pages 41513-41516]
[FR Doc No: 2023-13582]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1398; Project Identifier AD-2023-00472-P]
RIN 2120-AA64

Airworthiness Directives; Hamilton Sundstrand Corporation
Propellers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Hamilton Sundstrand Corporation (Hamilton Sundstrand) Model
14SF-17 and 14SF-19 propellers. This proposed AD was prompted by a
report of an auxiliary motor and pump failing to feather a propeller in
flight. This proposed AD would require replacement of a certain
auxiliary motor and pump. This proposed AD would also prohibit
installation of a certain auxiliary motor and pump on any propeller.
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 July 27,
2023.

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 by
searching for and locating Docket No. FAA-2023-1398; 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 service information identified in this NPRM, contact
Hamilton Sundstrand, One Hamilton Road, Windsor Locks, CT 06096-1010,
phone:<PHONE_NUMBER>; email: [email protected].

     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Isabel Saltzman, Aviation Safety
Engineer, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone:
(781) 238-7649; 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-2023-1398; Project Identifier
AD-2023-00472-P'' 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.
    The FAA has been informed that Hamilton Sundstrand has done some
outreach with affected operators regarding the proposed corrective
actions for this unsafe condition. As a result, affected operators are
already aware of the proposed corrective actions and, in some cases,
have already begun planning for replacement of certain auxiliary motors
and pumps. Therefore, the FAA has determined that a 30-day comment
period is appropriate given the particular circumstances related to the
proposed correction of this unsafe condition.
    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
Isabel Saltzman, Aviation Safety Engineer, FAA, 1701 Columbia Avenue,
College Park, GA 30337. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

    The FAA received a report of an auxiliary motor and pump installed
on a non-Hamilton Sundstrand propeller failing to feather the propeller
in flight through either the primary or the backup means. The failure
was caused by motor magnets in the auxiliary motor and pump that were
de-bonded due to corrosion at the magnet and housing interface. The de-
bonded motor magnets prevented motor rotation. Hamilton Sundstrand
Model 14SF-17 and 14SF-19 propellers use the same auxiliary motor and
pump. These propellers are installed on, but not limited to, Viking Air
Limited (Type Certificate previously held by Bombardier Inc.; Canadair
Limited) Model CL-215-6B11 (CL-215T & CL-415 Variants) airplanes. This
condition, if not addressed, could result in reduced controllability of
the aircraft and consequent loss of control of the aircraft.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Hamilton Sundstrand Service Bulletin (SB) 14SF-61-
168, Revision 1, dated December 21, 2016. This service information
specifies instructions for replacing the auxiliary motor and pump.
Hamilton Sundstrand Corporation is a UTC Aerospace Systems Company.
This service information is identified as both Hamilton Sundstrand
Corporation and UTC Aerospace Systems. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require the removal from service of an
auxiliary motor and pump having part number (P/N) 782655-3
(Aerocontrolex P/N 4122-006009) and replacement with an auxiliary motor
and pump having P/N 782655-4 (Aerocontrolex P/N 4122-056000). This
proposed AD would also prohibit installation of an auxiliary motor and
pump having P/N 782655-3 (Aerocontrolex P/N 4122-006009) on any
propeller.

Differences Between This Proposed AD and the Service Information

    Where the service information specifies returning certain parts to
Hamilton Sundstrand, this proposed AD does not contain that
requirement.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 20 propellers installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace auxiliary motor and pump...  2 work-hours x $85 per hour         $11,000         $11,170        $223,400
                                      = $170.
Perform post-installation system     1 work-hour x $85 per hour                0              85           1,700
 test.                                = $85.
----------------------------------------------------------------------------------------------------------------

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:

Hamilton Sundstrand Corporation: Docket No. FAA-2023-1398; Project
Identifier AD-2023-00472-P.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by July 27, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Hamilton Sundstrand Corporation (Hamilton
Sundstrand) Model 14SF-17 and 14SF-19 propellers.
    Note 1 to paragraph (c): These propellers are known to be
installed on, but not limited to, Viking Air Limited (Type
Certificate previously held by Bombardier Inc.; Canadair Limited)
Model CL-215-6B11 (CL-215T and CL-415 Variants) airplanes.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6123, Propeller
Feathering/Reversing.

(e) Unsafe Condition

    This AD was prompted by a report of an auxiliary motor and pump
failing to feather a propeller in flight. The FAA is issuing this AD
to prevent the failure of a certain auxiliary motor and pump to
feather propellers. The unsafe condition, if not addressed, could
result in reduced controllability of the aircraft and consequent
loss of control of the aircraft.

(f) Compliance

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

(g) Required Actions

    (1) Within 90 days after the effective date of this AD, remove
from service an auxiliary motor and pump having part number (P/N)
782655-3 (Aerocontrolex P/N 4122-006009) and replace with an
auxiliary motor and pump having P/N 782655-4 (Aerocontrolex P/N
4122-056000) in accordance with the Accomplishment Instructions,
paragraphs 3.B., 3.C., and 3.E. of Hamilton Sundstrand Service
Bulletin (SB) 14SF-61-168, Revision 1, dated December 21, 2016
(Hamilton Sundstrand SB 14SF-61-168, Revision 1).
    (2) After replacement of the auxiliary motor and pump, perform a
post-installation system test in accordance with the Accomplishment
Instructions, paragraph 3.F. of Hamilton Sundstrand SB 14SF-61-168,
Revision 1.

(h) Installation Prohibition

    After the effective date of this AD, do not install an auxiliary
motor and pump having P/N 782655-3 (Aerocontrolex P/N 4122-006009)
on any propeller.

(i) No Return of Parts

    Where the service information referenced in the Accomplishment
Instructions, paragraph 3.B. of Hamilton Sundstrand SB 14SF-61-168,
Revision 1, specifies returning certain parts to the manufacturer
for modification, this AD does not include that requirement.

(j) Credit for Previous Actions

    You may take credit for the actions required by paragraph (g) of
this AD if you performed those actions before the effective date of
this AD using Hamilton Sundstrand SB 14SF-61-168, Original Issue,
dated December 14, 2016.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, East Certification 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 branch office, send it to the
attention of the person identified in paragraph (l)(1) 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

    (1) For more information about this AD, contact Isabel Saltzman,
Aviation Safety Engineer, FAA, 1701 Columbia Avenue, College Park,
GA 30337; phone:<PHONE_NUMBER>; email: [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 the AD specifies otherwise.
    (i) Hamilton Sundstrand Corporation Service Bulletin 14SF-61-
168, Revision 1, dated December 21, 2016.
    Note 2 to paragraph (m)(2)(i): Hamilton Sundstrand Corporation
is a UTC Aerospace Systems Company. This service information is
identified as both Hamilton Sundstrand Corporation and UTC Aerospace
Systems.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Hamilton Sundstrand, One Hamilton Road, Windsor Locks, CT 06096-
1010, phone:<PHONE_NUMBER>; email: [email protected].
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on

the availability of this material at NARA, email:
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 21, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-13582 Filed 6-26-23; 8:45 am]
BILLING CODE 4910-13-P