[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Unknown Section]
[Pages 41626-41629]
[FR Doc No: 2019-17402]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0207; Product Identifier 2019-NE-02-AD; Amendment
39-19703; AD 2019-15-10]
RIN 2120-AA64

Airworthiness Directives; Safran Aerosystems Life Jackets

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Safran Aerosystems (formerly Zodiac Aerospace Services) life
jackets. This AD was prompted by reports of defective welding on
certain life jackets around the inflation system. This AD requires
removal and replacement of the affected life jackets. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective September 19, 2019.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 19,
2019.

ADDRESSES: For service information identified in this final rule,
contact Zodiac Aerospace Services, 61 Rue Pierre Curie, CS20001, 78370
Plaisir Cedex, France; phone: + 33 1 61 34 23 23; fax: + 33 1 61 34 21
13; email: [email protected]; internet: http://tpi.services.zodiacaerospace.com. You may view this service information
at the FAA, Engine and Propeller Standards Branch, 1200 District
Avenue, Burlington, MA, 01803. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0207.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-

0207; 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 final rule, the mandatory continuing airworthiness information
(MCAI), the regulatory evaluation, any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Erin King, Aerospace Engineer, Boston
ACO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803; phone
781-238-7655; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Safran
Aerosystems life jackets. The NPRM published in the Federal Register on
April 15, 2019 (84 FR 15160). The NPRM was prompted by reports of
defective welding on certain life jackets around the inflation system.
The NPRM proposed to require removal and replacement of the affected
life jackets. The FAA is issuing this AD to address the unsafe
condition on these products.
    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD 2019-0010, dated January 23, 2019 (referred to after
this as ``the MCAI''), to address the unsafe condition on these
products. The MCAI states:

    Defective welding around the inflation system has been
reportedly found on certain life jackets on the production line.
Subsequent investigation results identified a batch of life jackets
which might be affected by this manufacturing defect.
    This condition, if not corrected, could lead to inability of the
life jacket to perform its intended function, possible resulting in
injury to the user of that life jacket.
    To address this potential unsafe condition, Safran Aerosystems
issued the SB, providing the list of affected parts, and the repair
SB, providing instructions to repair affected parts. For the reason
described above, this [EASA] AD requires replacement of affected
life jackets, and allows their (re)installation on an aircraft only
after having being repaired.

    You may obtain further information by examining the MCAI in the AD
docket on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0207.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request To Update Service Information

    Alaska Airlines, Inc. (ASA) and Empire Airlines requested that the
FAA update all references to Zodiac Aerospace Services Service Bulletin
(SB) 25-65-33, Revision 01, dated January 8, 2019, and Zodiac Aerospace
Services SB 25-65-34, Original Issue, dated January 8, 2019, to
Revision 02 and Revision 01, respectively. ASA indicated that updated
service information was published during the NPRM commenting period,
and updating this information would avoid the need for operators to
submit alternative methods of compliance requests.
    The FAA agrees to incorporate the latest service information in
this AD.

Request for Previous Credit

    ASA requested the final rule include a ``Credit for Previous
Actions'' paragraph allowing credit for performing the inspection using
Zodiac Aerospace Services SB 25-65-33, Revision 01, dated January 8,
2019, or performing the modification using Zodiac Aerospace Services SB
25-65-34, Original Issue, dated January 8, 2019.
    The FAA partially agrees. As noted in the previous response, the
FAA agrees with incorporating the latest service information in the
applicability section and the definition section of this AD. The FAA
notes the applicability of this AD and the definition of a part
eligible of installation has not changed as the information in Table 1
of Revision 02 and Revision 01 of Zodiac Aerospace Services SB 25-65-33
is identical. Therefore, the FAA is not referencing Revision 01 of
Zodiac Aerospace Services SB 25-65-33 in this AD and previous credit is
not required.
    The FAA has also revised the Installation Prohibition section of
this AD to allow the use of either Zodiac Aerospace Services SB 25-65-
34, Revision 01, dated March 15, 2019, or Original Issue, dated January
8, 2019, to perform the repair and marking. The FAA, therefore, does
not require a previous credit section in this AD.

Request To Clarify the Eligible for Installation Definition

    ASA requested that the FAA clarify the definition of a life jacket
eligible for installation. ASA proposed defining a life jacket eligible
for installation as one that is ``not applicable'' to Zodiac Aerospace
Services SB 25-65-33, Revision 02, dated March 15, 2019, or one that is
repaired in accordance with Zodiac Aerospace Services SB 25-65-34,
Revision 01, dated March 15, 2019.
    The FAA agrees. The FAA clarifies the definition of a life jacket
eligible for installation in this AD.

Support for the NPRM

    Several individual commenters expressed support for the NPRM. One
commenter supported the NPRM but noted that cost should be a secondary
consideration in determining whether to issue an AD on a potentially
life-saving component. Another commenter supported the NPRM but added
that all Safran Aerosystems life jackets should be removed from
airplanes for safety precautions and passengers on the airplanes should
be informed of the issue and know that it is being addressed.
    The FAA partially agrees. The FAA agrees with the importance of
this AD action because life jackets are potentially life-saving devices
and must be in working condition. The FAA also notes that it considers
cost when developing rules, but its primary consideration is safety.
    The FAA disagrees with expanding the applicability of this AD to
all Safran Aerosystems life jackets because the information relied upon
by the FAA indicates an unsafe condition exists only with respect to
those life jackets identified in the Applicability section of this AD.
Passengers who wish to find information on safety issues related to
specific model aircraft, engines, propellers, or associated appliances
may view airworthiness directives at www.regulations.gov. The FAA did
not change this AD.

Conclusion

    The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Zodiac Aerospace Services SB 25-65-33, Revision
02, dated March 15, 2019, and Zodiac Aerospace Services SB 25-65-34,
Revision 01, dated March 15, 2019. Zodiac Aerospace Services SB 25-65-
33 identifies the affected life jackets by part number and serial
number. Zodiac Aerospace Services SB 25-65-34 describes procedures for
repairing and marking the affected life jackets. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects an unknown number of life
jackets installed on, but not limited to, ATR-GIE Avions de Transport
Regional ATR 42 and ATR 72, Airbus A318/A319/A320/A321, Airbus A330,
Airbus A340, Airbus A350, and Airbus A380 airplanes of U.S. registry.
Operators have the option to replace or repair the affected life
jackets. The FAA has no way of determining the number of life jackets
that might be replaced or repaired.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Inspect life jacket........................  0.1 work-hours x $85 per hour =                  $0           $8.50
                                              $8.50.
Replace life jacket........................  0.5 work-hours x $85 per hour =                  96          138.50
                                              $42.50.
Repair life jacket.........................  0.5 work-hours x $85 per hour =                   0           42.50
                                              $42.50.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage for affected
individuals. As a result, the FAA has included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2019-15-10 Safran Aerosystems (formerly Zodiac Aerospace Services):
Amendment 39-19703; Docket No. FAA-2019-0207; Product Identifier
2019-NE-02-AD.

(a) Effective Date

    This AD is effective September 19, 2019.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to Safran Aerosystems life jackets with part
number (P/N) 210225-2, P/N 216200-0, or P/N 216203-0, and with a
serial number listed in Table 1 of Zodiac Aerospace Services Service
Bulletin (SB) 25-65-33, Revision 02, dated March 15, 2019, that are
not marked with ``Mod.per SB 25-65-34'' in the identification area.
    (2) These appliances are installed on, but not limited to, ATR-
GIE Avions de Transport Regional ATR 42 and ATR 72, Airbus A318/
A319/A320/A321, Airbus A330, Airbus A340, Airbus A350, and Airbus
A380 airplanes.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2561, Life Jacket.

(e) Unsafe Condition

    This AD was prompted by reports of defective welding on certain
life jackets around the inflation system. The FAA is issuing this AD
to prevent failure of the life jacket. The unsafe condition, if not
addressed, could result in injury to the wearer of the life jacket.

(f) Compliance

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

(g) Required Actions

    Within six months after the effective date of this AD, remove
each affected life jacket from the airplane and, before further
flight, replace the life jacket with a life jacket eligible for
installation.

(h) Installation Prohibition

    After the effective date of this AD, do not install on any
airplane an affected life jacket unless it has been repaired and
marked to indicate compliance with such repair in accordance with
Zodiac Aerospace Services SB 25-65-34, Revision 01, dated March 15,
2019, or Original Issue, dated January 8, 2019; or a method approved
by the FAA.

(i) Definition

    A life jacket eligible for installation is a new life jacket not
listed in Table 1 of Zodiac Aerospace Services SB 25-65-33, Revision
02, dated March 15, 2019, or a life jacket repaired in accordance
with Zodiac Aerospace Services SB 25-65-34, Revision 01, dated March
15, 2019, or Original Issue, dated January 8, 2019; or by a method
approved by the FAA.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston ACO 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 ACO Branch, send it to the attention of the person
identified in paragraph (k)(1) of this AD.
    (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.

(k) Related Information

    (1) For more information about this AD, contact Erin King,
Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD
2019-0010, dated January 23, 2019, for more information. You may
examine the EASA AD in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0207.

(l) 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) Zodiac Aerospace Services Service Bulletin (SB) 25-65-33,
Revision 02, dated March 15, 2019.
    (ii) Zodiac Aerospace Services SB 25-65-34, Revision 01, dated
March 15, 2019.
    (3) For Safran Aerosystems service information identified in
this AD, contact Zodiac Aerospace Services, 61 Rue Pierre Curie,
CS20001, 78370 Plaisir Cedex, France; phone: + 33 1 61 34 23 23;
fax: + 33 1 61 34 21 13; email:
[email protected]; internet: http://tpi.services.zodiacaerospace.com.
    (4) You may view this service information at the FAA, Engine &
Propeller Standards 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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on August 2, 2019.
Karen M. Grant,
Acting Manager, Engine and Propeller Standards Branch, Aircraft
Certification Service.
[FR Doc. 2019-17402 Filed 8-14-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 194 (Monday, October 7, 2019)]
[Notices]
[Pages 53437-53438]
[FR Doc No: 2019-21831]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2019-0558, FRL-10000-63-OLEM]

Agency Information Collection Activities; Proposed Collection;
Comment Request; RCRA Subtitle C Reporting Instructions and Forms

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit the information collection request (ICR), ``RCRA Subtitle C
Reporting Instructions and Forms'' (EPA ICR No. 0976.19, OMB Control
No. 2050-0024) to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act (PRA).
Before doing so, the EPA is soliciting public comments on specific
aspects of the proposed information collection as described below. This
is a proposed extension of the ICR, which is currently approved through
May 30, 2020. 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.

DATES: Comments must be submitted on or before December 6, 2019.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2019-0558, online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Peggy Vyas, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the

burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (iii) enhance the
quality, utility, and clarity of the information to be collected; and
(iv) minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. The EPA will consider the comments received
and amend the ICR as appropriate. The final ICR package will then be
submitted to OMB for review and approval. At that time, the EPA will
issue another Federal Register notice to announce the submission of the
ICR to OMB and the opportunity to submit additional comments to OMB.
    Section 3002 of RCRA requires hazardous waste generators to report,
at least every 2 years, the quantity and nature of hazardous waste
generated and managed during that reporting cycle. Section 3004
requires treatment, storage, and disposal facilities (TSDFs) to report
any waste received. This is mandatory reporting. The information is
collected via the Hazardous Waste Report (EPA Form 8700-13 A/B). This
form is also known as the ``Biennial Report'' form.
    Section 3010 of RCRA requires any person who generates or
transports regulated waste or who owns or operates a facility for the
treatment, storage, or disposal of regulated waste to notify the EPA of
their activities, including the location and general description of
activities and the regulated wastes handled. The entity is then issued
an EPA Identification number. Entities use the Notification Form (EPA
Form 8700-12) to notify EPA of their hazardous waste activities. This
form is also known as the ``Notification'' form.
    Section 3005 of RCRA requires TSDFs to obtain a permit. To obtain
the permit, the TSDF must submit an application describing the
facility's operation. The RCRA Hazardous Waste Part A Permit
Application form (EPA Form 8700-23) defines the processes to be used
for treatment, storage, and disposal of hazardous wastes; the design
capacity of such processes; and the specific hazardous wastes to be
handled at the facility. This form is also known as the ``Part A''
form.
    Form Numbers: EPA form numbers 8700-12, 8700-13A/B, and 8700-23.
    Respondents/affected entities: Business or other for-profit as well
as State, Local, or Tribal governments.
    Respondent's obligation to respond: Mandatory (RCRA Sections 3002,
3304, 3005, 3010).
    Estimated number of respondents: 64,005.
    Frequency of response: Biennially and on occasion.
    Total estimated burden: 647,425 hours per year. Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $28,488,775 (per year), includes $28,164,958
and $323,817 annualized capital or operation & maintenance costs.
    Changes in Estimates: The burden hours are likely to stay
substantially the same.

    Dated: September 20, 2019.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2019-21831 Filed 10-4-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Rules and Regulations]
[Pages 32482-32484]
[FR Doc No: 2014-13148]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0231]
RIN 1625-AA00

Safety Zone; Monongahela River; Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Monongahela River mile 68.0 to mile 68.8. This safety zone is needed to
protect vessels transiting the area and event spectators from the
hazards associated with the Rices Landing Riverfest Fireworks Display.
Entry into this zone is prohibited unless specifically authorized by
the Captain of the Port Pittsburgh or a designated representative.

DATES: This rule is effective from 9:15 p.m. until 10:30 p.m. on June
13, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0231. 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 Ronald Lipscomb, Marine Safety Unit Pittsburgh, U.S.
Coast Guard, at telephone<PHONE_NUMBER>, 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

    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 using the NPRM process. The Coast Guard received notice
on March 27, 2014 that this display would take place. After full review
of the event information and location, the Coast Guard determined that
a safety zone is necessary. Delaying this rule by completing the full
NPRM process would unnecessarily delay the safety zone and be contrary
to public interest because the safety zone is needed to protect
transiting vessels, spectators, and the personnel involved in the
display from the hazards associated with fireworks displays taking
place near and over the waterway. The fireworks display has been
advertised and the local community has prepared for the event.
Completing the full NPRM process could also unnecessarily delay the
planned event and possibly interfere with contractual obligations.
    For the same reasons, 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 this rule
by providing a full 30 days notice would be contrary to public interest
because immediate action is needed to protect persons and property in
the area during the land-based fireworks display.

B. Basis and Purpose

    On June 13, 2014, as a part of the Rices Landing Riverfest
Fireworks Display, the Rices Landing Volunteer Fire Department will
sponsor a land-based fireworks display. The display will take place in
the vicinity of Old

Lock 6 at mile 68.3 the Monongahela River. This event presents safety
hazards for spectators and vessels navigating in the area, and
therefore a safety zone is needed to protect persons and property from
the hazards associated with a fireworks display near and over the
waterway.
    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone for all waters of the
Monongahela River, from mile 68.0 to mile 68.8, extending the entire
width of the river. Entry into this zone is prohibited to all vessels
and persons except persons and vessels specifically authorized by the
Captain of the Port Pittsburgh. This rule is effective on June 13, 2014
and will be enforced from 9:15 p.m. until 10:30 p.m.

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.

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. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). This rule is limited in scope
and will be in effect for a limited time period and notifications will
be made to the marine community by contacting local industry contacts
that could be operating in the area during the event. Deviation from
the rule may be requested and will be considered on a case-by-case
basis by the Captain of the Port or a designated representative. The
impacts on routine navigation are expected to be minimal.

2. 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 Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit the Monongahela River, mile 68.0 to 68.8 from 9:15 p.m. until
10:30 p.m. on June 13, 2014. This safety zone will not have a
significant economic impact on a substantial number of small entities
because this rule is limited in scope and will be in effect for a
limited time period and notifications to the marine community will be
made by contacting local industry contacts that could be operating in
the area during the event. Deviation from the rule may be requested and
will be considered on a case-by-case basis by the Captain of the Port
or a designated representative.

3. Assistance for Small Entities

    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,
above.
    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.

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

8. Taking of Private Property

    This rule will 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

    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.

11. 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.

12. Energy Effects

    This action 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 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 establishes a safety zone for waters of the
Monongahela River, from mile 68.0 to 68.8. This rule 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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
2. A new temporary Sec.  165.T08-0231 is added to read as follows:

Sec.  165.T08-0231   Safety Zone, Monongahela River, Pittsburgh, PA.

    (a) Location. The following area is a safety zone: All waters of
the Monongahela River, mile 68.0 to 68.8, extending the entire width of
the waterway.
    (b) Effective date. This rule is effective, and will be enforced,
from 9:15 p.m. until 10:30 p.m. on June 13, 2014.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Pittsburgh or a designated
representative.
    (2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Pittsburgh or
a designated representative. The Captain of the Port Pittsburgh
representative may be contacted at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh or their designated representative.
Designated Captain of the Port representatives include United States
Coast Guard commissioned, warrant, and petty officers.
    (d) Information Broadcasts. The Captain of the Port Pittsburgh or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.

    Dated: May 12, 2014.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2014-13148 Filed 6-4-14; 8:45 am]
BILLING CODE 9110-04-P