69032 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Proposed Rules 

flight, replace any broken return springs 

with new springs, and repair or replace 

with a new actuator any chafed or 

damaged primary actuator, as 

applicable, in accordance with the 

Accomplishment Instructions of 

Bombardier Service Bulletin 670BA–27– 

055, Revision A, dated August 6, 2010. 

Repeat the inspection thereafter at 

intervals not to exceed 6,000 flight 

hours. 

(h) For airplanes that have 

accumulated more than 4,000 total flight 

hours as of the effective date of this AD: 

Within 2,000 flight hours after the 

effective date of this AD, do a detailed 

inspection of the RTL for broken return 

springs and damage through the casing, 

or chafing of the casing of the primary 

actuator, in accordance with the 

Accomplishment Instructions of 

Bombardier Service Bulletin 670BA–27– 

055, Revision A, dated August 6, 2010. 

Before further flight, replace any broken 

return springs with new springs, and 

repair or replace any chafed or damaged 

primary actuator with a new actuator, as 

applicable, in accordance with the 

Accomplishment Instructions of 

Bombardier Service Bulletin 670BA–27– 

055, Revision A, dated August 6, 2010. 

Repeat the inspection thereafter at 

intervals not to exceed 6,000 flight 

hours. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(i) Actions accomplished before the 

effective date of this AD in accordance 

with Bombardier Service Bulletin 

670BA–27–055, dated May 11, 2010, are 

considered acceptable for compliance 

with the corresponding actions 

specified in this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(j) The following provisions also 

apply to this AD: 

(1) Alternative Methods of 

Compliance (AMOCs): The Manager, 

New York Aircraft Certification Office 

(ACO), ANE–170, FAA, has the 

authority to approve AMOCs for this 

AD, if requested using the procedures 

found in 14 CFR 39.19. Send 

information to ATTN: Program Manager, 

Continuing Operational Safety, FAA, 

New York ACO, 1600 Stewart Avenue, 

Suite 410, Westbury, New York 11590; 

telephone 516–228–7300; fax 516–794– 

5531. Before using any approved AMOC 

on any airplane to which the AMOC 

applies, notify your principal 

maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal 

inspector, your local Flight Standards 

District Office. The AMOC approval 

letter must specifically reference this 

AD. 

(2) Airworthy Product: For any 

requirement in this AD to obtain 

corrective actions from a manufacturer 

or other source, use these actions if they 

are FAA-approved. Corrective actions 

are considered FAA-approved if they 

are approved by the State of Design 

Authority (or their delegated agent). You 

are required to assure the product is 

airworthy before it is returned to 

service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under 

the provisions of the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.), 

the Office of Management and Budget 

(OMB) has approved the information 

collection requirements and has 

assigned OMB Control Number 2120– 

0056. 

Related Information 

(k) Refer to MCAI Canadian 

Airworthiness Directive CF–2010–18, 

dated June 16, 2010; and Bombardier 

Service Bulletin 670BA–27–055, 

Revision A, dated August 6, 2010; for 

related information. 

Issued in Renton, Washington, on 

November 2, 2010. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–28338 Filed 11–9–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Naval Surface Warfare Center, 

Potomac River, Dahlgren, VA; Danger 

Zone 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Corps of Engineers is 

proposing to amend an existing 

permanent danger zone in the waters of 

the Upper Machodoc Creek and the 

Potomac River in the vicinity of 

Dahlgren in King George County, 

Virginia. The Naval Surface Warfare 

Center, Dahlgren conducts research, 

development, testing and evaluation of 

national defense systems on the 

Potomac River Test Range. Many of the 

tests are hazardous operations 

presenting a danger to persons or 

property in the danger zone. The 

proposed amendment is necessary to 

protect the public from hazardous 

operations such as firing large and small 

caliber guns and projectiles, aerial 

bombing, use of directed energy and 

operating manned or unmanned 

watercraft. The proposed amendment 

adds a 100-yard buffer to the Middle 

Danger Zone to prevent public contact 

with unexploded ordnance along the 

shoreline of Naval Surface Warfare 

Center, Dahlgren within this zone. 

DATES: Written comments must be 

submitted on or before December 10, 

2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0038, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: 

david.b.olson@usace.army.mil. Include 

the docket number, COE–2010–0038, in 

the subject line of the message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO–R (David B. Olson), 

441 G Street, NW., Washington, DC 

20314–1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2010–0038. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or email. The regulations.gov Web site is an 

anonymous access system, which means 

we will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an e-mail directly to the Corps 

without going through regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 


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Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Proposed Rules 69033 

comment, we recommend that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922, or 

Mr. Robert Berg, Corps of Engineers, 

Norfolk District, Regulatory Branch, at 

757–201–7793. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat. 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3), the Corps of 

Engineers proposes to amend its 

regulations at 33 CFR part 334 for a 

permanent danger zone in the waters of 

Upper Machodoc Creek and the 

Potomac River in the vicinity of Naval 

Surface Warfare Center, Dahlgren in 

King George County, Virginia. The 

Naval Surface Warfare Center, Dahlgren 

conducts research, development, testing 

and evaluation of national defense 

systems on the Potomac River Test 

Range. Many of the tests are hazardous 

operations presenting a danger to 

persons or property in the danger zone. 

The proposed modification of the 

existing permanent danger zone is 

necessary to protect the public from 

hazardous operations such as firing 

large and small caliber guns and 

projectiles, aerial bombing, use of 

directed energy, and operating manned 

or unmanned watercraft. The proposed 

modification adds a 100-yard buffer to 

the Middle Danger Zone to prevent 

public contact with unexploded 

ordnance along the shoreline of Naval 

Surface Warfare Center, Dahlgren within 

this danger zone. The proposed 

modification will: (1) Expand the 

description of continuing hazardous 

operations in the danger zone to include 

firing of large or small caliber guns and 

projectiles, aerial bombing, use of 

directed energy technology, and 

manned or unmanned water craft 

operations; (2) change the latitude and 

longitude references to correspond to 

NAD83 without changing the 

boundaries themselves, except in the 

case of the point at 38°17′54′′, 

–77°01′02′′ to move the reference point 

from neighboring property to Naval 

Surface Warfare Center, Dahlgren 

property; (3) expand the Middle Danger 

Zone further into Upper Machodoc 

Creek where operations involving 

directed energy, watercraft maneuvers, 

and transport of explosives are 

conducted; (4) add a 100-yard buffer to 

prevent public contact with unexploded 

ordnance along the shoreline of Naval 

Surface Warfare Center, Dahlgren within 

the Middle Danger Zone; (5) extend 

normal hours of hazardous operations 

from 4 p.m. to 5 p.m.; and (6) provide 

for continued use of the naval facility 

shoreline for commercial fishing and 

waterfowl hunting blinds under existing 

Navy and state regulations. 

The current regulation authorizes 

Naval Surface Warfare Center, Dahlgren 

to restrict watercraft from entering or 

leaving Upper Machodoc Creek. The 

amendment will allow patrol boats to 

engage watercraft desiring to leave 

Upper Machodoc Creek a few hundred 

yards farther west before they get to the 

existing danger zone boundary at the 

mouth of the creek. The restriction will 

be in place 24 hours a day, seven days 

a week. 

Procedural Requirements 

a. Review Under Executive Order 12866 

This proposed rule is issued with 

respect to a military function of the 

Defense Department and the provisions 

of Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act 

This proposed rule has been reviewed 

under the Regulatory Flexibility Act 

(Pub. L. 96–354) which requires the 

preparation of a regulatory flexibility 

analysis for any regulation that will 

have a significant economic impact on 

a substantial number of small entities 

(i.e., small businesses and small 

governments). Unless information is 

obtained to the contrary during the 

public notice comment period, the 

Corps expects that the economic impact 

of the amendment of this danger zone 

would have practically no impact on the 

public, no anticipated navigational 

hazard or interference with existing 

waterway traffic. This proposed rule, if 

adopted, will have no significant 

economic impact on small entities. 

c. Review Under the National 

Environmental Policy Act 

Due to the administrative nature of 

this action and because there is no 

intended change in the use of the area, 

the Corps expects that this regulation, if 

adopted, will not have a significant 

impact to the quality of the human 

environment and, therefore, preparation 

of an environmental impact statement 

will not be required. An environmental 

assessment will be prepared after the 

public notice period is closed and all 

comments have been received and 

considered. It will be available from the 

District office listed at the end of FOR

FURTHER INFORMATION CONTACT, above. 

d. Unfunded Mandates Act 

This proposed rule does not impose 

an enforceable duty among the private 

sector and, therefore, it is not a Federal 

private sector mandate and it is not 

subject to the requirements of either 

Section 202 or Section 205 of the 

Unfunded Mandates Act. We have also 

found under Section 203 of the Act, that 

small governments will not be 

significantly and uniquely affected by 

this rulemaking. 

List of Subjects in 33 CFR Part 334 

Danger zones, Marine safety, 

Navigation (water), Restricted areas, 

Waterways. 

For the reasons set out in the 

preamble, the Corps proposes to amend 

33 CFR part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

2. Revise paragraph (a) of § 334.230 to 

read as follows: 

§ 334.230 Potomac River. 

(a) Naval Surface Warfare Center, 

Dahlgren, VA—(1) The areas. Portions 

of the Upper Machodoc Creek and 

Potomac River near Dahlgren, VA as 

described below: 

(i) Lower zone. The entire portion of 

the lower Potomac River between a line 

from Point Lookout, Maryland, to Smith 

Point, Virginia, and a line from Buoy 14 

(abreast of St. Clements Island) to a 

point near the northeast shore of Hollis 

Marsh at latitude 38°10′00′′, longitude 

76°45′22.4′′. Hazardous operations are 

conducted in this zone at infrequent 

intervals. 


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69034 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Proposed Rules 

(ii) Middle zone. Beginning at the 

intersection of the Harry W. Nice Bridge 

with the Virginia shore; thence to Light 

33; thence to latitude 38°19′06′′, 

longitude 76°57′06′′, a point that is 

about 3,300 yards east-southeast of Light 

30; thence to Line of Fire Buoy O, about 

1,150 yards southwest of Swan Point; 

thence to Line of Fire Buoy M, about 

1,700 yards south of Potomac View; 

thence to Line of Fire Buoy K, about 

1,400 yards southwest of the lower end 

of Cobb Island; thence to Buoy 14, 

abreast of St. Clements Island, thence 

southwest to a point near the northeast 

shore of Hollis Marsh at latitude 

38°10′00′′, longitude 76°45′22.4′′; thence 

northwest to Line of Fire Buoy J, about 

3,000 yards off Popes Creek, Virginia; 

thence to Line of Fire Buoy L, about 

3,600 yards off Church Point; thence to 

Line of Fire Buoy N, about 900 yards off 

Colonial Beach; thence to Line of Fire 

Buoy P, about 1,000 yards off Bluff 

Point; thence northwest to latitude 

38°17′54′′, longitude 77°01′02′′, a point 

of the Virginia shore on property of 

Naval Support Facility, Dahlgren, a 

distance of about 4,080 yards; thence 

north along the Potomac shore of Naval 

Surface Warfare Center, Dahlgren to 

Baber Point; and thence west along the 

Upper Machodoc Creek shore of Naval 

Surface Warfare Center, Dahlgren to 

Howland Point at latitude 38°19′0.5′′, 

longitude 77°03′23′′; thence northeast to 

latitude 38°19′18′′, longitude 77°02′29′′, 

a point on the Naval Surface Warfare 

Center, Dahlgren shore about 350 yards 

southeast of the base of the Navy 

recreational pier. Hazardous operations 

are normally conducted in this zone 

daily except Saturdays, Sundays, and 

national holidays. 

(iii) Upper zone. Beginning at Mathias 

Point, Va.; thence north to Light 5; 

thence north-northeast to Light 6; 

thence east-southeast to Lighted Buoy 2, 

thence east-southeast to a point on the 

Maryland shore at approximately 

latitude 38°23′35.5′′, longitude 

76°59′15.5′′; thence south along the 

Maryland shore to, and then along, a 

line passing through Light 1 to the 

Virginia shore, parallel to the Harry W. 

Nice Bridge; thence north with the 

Virginia shore to the point of beginning. 

Hazardous operations are conducted in 

this zone at infrequent intervals. 

(2) The regulations. (i) Hazardous 

operations normally take place between 

the hours of 8 a.m. and 5 p.m. daily 

except Saturdays, Sundays and national 

holidays, with infrequent night firing 

between 5 p.m. and 10:30 p.m. During 

a national emergency, hazardous 

operations will take place between the 

hours of 6 a.m. and 10:30 p.m. daily, 

except Sundays. Hazardous operations 

may involve firing large or small caliber 

guns and projectiles, aerial bombing, 

use of directed energy, and operating 

manned or unmanned watercraft. 

(ii) When hazardous operations are in 

progress, no person, or fishing or 

oystering vessels shall operate within 

the danger zone affected unless so 

authorized by Naval Surface Warfare 

Center, Dahlgren’s patrol boats. 

Oystering and fishing boats or other 

craft may cross the river in the danger 

zone only after they have reported to the 

patrol boat and received instructions as 

to when and where to cross. Deep-draft 

vessels using dredged channels and 

propelled by mechanical power at a 

speed greater than five miles per hour 

may proceed directly through the 

danger zones without restriction except 

when notified to the contrary by the 

patrol boat. Unless instructed to the 

contrary by the patrol boat, small craft 

navigating up or down the Potomac 

River during hazardous operations shall 

proceed outside of the northeastern 

boundary of the Middle Danger Zone. 

All craft desiring to enter the Middle 

Danger Zone when proceeding in or out 

of Upper Machodoc Creek during 

hazardous operations will be instructed 

by the patrol boat; for those craft that 

desire to proceed in or out of Upper 

Machodoc Creek on a course between 

the western shore of the Potomac River 

and a line from the Main Dock of Naval 

Surface Warfare Center, Dahlgren to 

Line of Fire Buoy P, clearance will be 

granted to proceed upon request 

directed to the patrol boat. 

(iii) Due to hazards of unexploded 

ordnance, no person or craft in the 

Middle Danger Zone shall approach 

closer than 100 yards to the shoreline of 

Naval Surface Warfare Center, Dahlgren. 

(3) Enforcement. The regulations in 

this section shall be enforced by the 

Commander, Naval Surface Warfare 

Center, Dahlgren and such agencies as 

he/she may designate. Patrol boats, in 

the execution of their mission assigned 

herein, shall display a square red flag 

during daylight hours for purposes of 

identification; at night time, a 32 point 

red light shall be displayed at the mast 

head. Range Control at Naval Surface 

Warfare Center, Dahlgren can be 

contacted by Marine VHF radio 

(Channel 16) or by telephone at (540) 

653–8791. 

(4) Exceptions. Nothing in this 

regulation shall be intended to prevent 

commercial fishing or the lawful use of 

approved waterfowl hunting blinds 

along the shorelines of Naval Surface 

Warfare Center, Dahlgren, provided that 

all necessary licenses and permits have 

been obtained from the Maryland 

Department of Natural Resources, the 

Virginia Department of Game and 

Inland Fisheries, or the Potomac River 

Fisheries Commission. Waterfowl 

hunters shall provide a completed copy 

of their blind permit to the Natural 

Resources Manager at Naval Surface 

Warfare Center, Dahlgren. Commercial 

fishermen and waterfowl hunters must 

observe all warnings and range 

clearances, as noted herein. 

* * * * * 

Dated: November 3, 2010. 

Michael G. Ensch, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2010–28385 Filed 11–9–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

United States Navy Restricted Area, 

Menominee River, Marinette Marine 

Corporation Shipyard, Marinette, WI 

AGENCY: United States Army Corps of 

Engineers, DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Corps of Engineers is 

proposing to amend its regulations to 

establish a restricted area in the 

Menominee River, at the Marinette 

Marine Corporation Shipyard, 

Marinette, Wisconsin, to provide 

adequate protection during the 

construction and launching of Littoral 

Combat Ships. The regulations are 

necessary to provide adequate 

protection of U.S. Navy combatant 

vessels, its materials, equipment to be 

installed therein, and crew, while 

located at the property of Marinette 

Marine Corporation. 

DATES: Written comments must be 

submitted on or before December 10, 

2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0041, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: david.b.olson@usace. 

army.mil. Include the docket number, 

COE–2010–0041, in the subject line of 

the message. 

Mail: U.S. Army Corps of Engineers, 

ATTN: CECW–CO (David B. Olson), 441 

G Street, NW., Washington, DC 20314– 

1000. 


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