Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 66683 

(j) Exceptions to EASA AD 2023–0058 

(1) This AD does not adopt the 

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0058. 

(2) Paragraph (3) of EASA AD 2023–0058 

specifies revising ‘‘the approved AMP’’ 

within 12 months after its effective date, but 

this AD requires revising the existing 

maintenance or inspection program, as 

applicable, within 90 days after the effective 

date of this AD. 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2023–0058 is at the applicable 

‘‘limitations’’ as incorporated by the 

requirements of paragraph (3) of EASA AD 

2023–0058, or within 90 days after the 

effective date of this AD, whichever occurs 

later. 

(4) This AD does not adopt the provisions 

specified in paragraphs (4) and (5) of EASA 

AD 2023–0058. 

(5) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0058. 

(k) New Provisions for Alternative Actions 

and Intervals 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (i) of this AD, no 

alternative actions (e.g., inspections) and 

intervals are allowed unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2023–0058. 

(l) Terminating Action for Certain Actions in 

AD 2010–26–05 

Accomplishing the actions required by 

paragraph (g) or (i) of this AD terminates all 

requirements of paragraph (g)(1) of AD 2010– 

26–05 for Dassault Aviation Model 

MYSTERE–FALCON 20–C5, 20–D5, 20–E5, 

and 20–F5 airplanes, except those on which 

the Dassault Aviation MYSTERE–FALCON 

20 Supplemental Structural Inspection 

Program has been embodied, only. 

(m) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the International Validation Branch, send 

it to the attention of the person identified in 

paragraph (n) of this AD. Information may be 

emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the responsible Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or EASA; or Dassault 

Aviation’s EASA Design Organization 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature. 

(n) Additional Information 

For more information about this AD, 

contact Tom Rodriguez, Aviation Safety 

Engineer, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone: 206–231–3226; 

email: tom.rodriguez@faa.gov. 

(o) 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 this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on November 2, 2023. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0058, dated March 16, 

2023. 

(ii) [Reserved] 

(4) The following service information was 

approved for IBR on April 2, 2020 (85 FR 

11280, February 27, 2020). 

(i) Chapter 5–40–00, Airworthiness 

Limitations, of the Dassault Falcon 20 

Retrofit 731 Maintenance Manual, Revision 

13, dated January 1, 2019. 

(ii) [Reserved] 

(5) For EASA AD 2023–0058, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; website 

easa.europa.eu. You may find this EASA AD 

on the EASA website at ad.easa.europa.eu. 

(6) For Dassault service information 

incorporated by reference in this AD, contact 

Dassault Falcon Jet Corporation, Teterboro 

Airport, P.O. Box 2000, South Hackensack, 

NJ 07606; telephone 201–440–6700; website 

dassaultfalcon.com. 

(7) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(8) 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 fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on September 22, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–21103 Filed 9–27–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1405; Project 

Identifier MCAI–2023–00381–T; Amendment 

39–22550; AD 2023–18–09] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2023–04– 

16, which applied to certain Dassault 

Aviation Model FALCON 900EX 

airplanes. AD 2023–04–16 required 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations. Since the 

FAA issued AD 2023–04–16, the FAA 

has determined that new or more 

restrictive airworthiness limitations are 

necessary. This AD continues to require 

the actions in AD 2023–04–16, and also 

requires revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective November 2, 

2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of November 2, 2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of May 12, 2023 (88 FR 

20738, April 7, 2023). 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1405; 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), 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. 

Material Incorporated by Reference: 


ddrumheller on DSK120RN23PROD with RULES1
66684 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 

• For material incorporated by 

reference in this AD, contact EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

website easa.europa.eu. You may find 

this material on the EASA website 

ad.easa.europa.eu. 

• You may view this material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th Street, Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket at 

regulations.gov under Docket No. FAA– 

2023–1405. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 206– 

231–3226; email tom.rodriguez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2023–04–16, 

Amendment 39–22363 (88 FR 20738, 

April 7, 2023) (AD 2023–04–16). AD 

2023–04–16 applied to certain Dassault 

Aviation Model FALCON 900EX 

airplanes. AD 2023–04–16 required 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations. The FAA 

issued AD 2023–04–16 to address 

reduced structural integrity of the 

airplane. 

The NPRM published in the Federal 

Register on July 12, 2023 (88 FR 44228). 

The NPRM was prompted by AD 2023– 

0047, dated March 2, 2023, issued by 

EASA (EASA AD 2023–0047) (also 

referred to as the MCAI). The MCAI 

states that new or more restrictive 

airworthiness limitations have been 

developed. You may examine the MCAI 

in the AD docket at regulations.gov 

under Docket No. FAA–2023–1405. 

In the NPRM, the FAA proposed to 

continue to require the actions in AD 

2023–04–16 and would require revising 

the existing maintenance or inspection 

program, as applicable, to incorporate 

new or more restrictive airworthiness 

limitations, as specified in EASA AD 

2023–0047. The FAA is issuing this AD 

to address the unsafe condition on these 

products. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received no comments on 

the NPRM or on the determination of 

the cost to the public. 

Conclusion 

This product has been approved by 

the aviation authority of another 

country and is approved for operation in 

the United States. Pursuant to the FAA’s 

bilateral agreement with this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI referenced above. The FAA 

reviewed the relevant data and 

determined that air safety requires 

adopting this AD as proposed. 

Accordingly, the FAA is issuing this AD 

to address the unsafe condition on this 

product. Except for minor editorial 

changes, this AD is adopted as proposed 

in the NPRM. None of the changes will 

increase the economic burden on any 

operator. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed EASA AD 2023– 

0047. This service information specifies 

new or more restrictive airworthiness 

limitations for airplane structures and 

safe life limits. 

This AD also requires EASA AD 

2022–0141, dated July 7, 2022, which 

the Director of the Federal Register 

approved for incorporation by reference 

as of May 12, 2023 (88 FR 20738, April 

7, 2023). 

This material is reasonably available 

because the interested parties have 

access to it through their normal course 

of business or by the means identified 

in the ADDRESSES section. 

Costs of Compliance 

The FAA estimates that this AD 

affects 144 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 

The FAA estimates the total cost per 

operator for the retained actions from 

AD 2023–04–16 to be $7,650 (90 workhours × $85 per work-hour). 

The FAA has determined that revising 

the existing maintenance or inspection 

program takes an average of 90 workhours per operator, although the agency 

recognizes that this number may vary 

from operator to operator. Since 

operators incorporate maintenance or 

inspection program changes for their 

affected fleet(s), the FAA has 

determined that a per-operator estimate 

is more accurate than a per-airplane 

estimate. 

The FAA estimates the total cost per 

operator for the new actions to be 

$7,650 (90 work-hours × $85 per workhour). 

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 

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 that 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. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by: 

■ a. Removing Airworthiness Directive 

2023–04–16, Amendment 39–22363 (88 

FR 20738, April 7, 2023); and 

■ b. Adding the following new 

Airworthiness Directive: 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 66685 

2023–18–09 Dassault Aviation: 

Amendment 39–22550; Docket No. 

FAA–2023–1405; Project Identifier 

MCAI–2023–00381–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective November 2, 2023. 

(b) Affected ADs 

(1) This AD replaces AD 2023–04–16, 

Amendment 39–22363 (88 FR 20738, April 7, 

2023) (AD 2023–04–16). 

(2) This AD affects AD 2010–26–05, 

Amendment 39–16544 (75 FR 79952, 

December 21, 2010) (AD 2010–26–05). 

(c) Applicability 

This AD applies to Dassault Aviation 

Model FALCON 900EX airplanes, serial 

number (S/N) 97 and S/Ns 120 and higher, 

certificated in any category, with an original 

airworthiness certificate or original export 

certificate of airworthiness issued on or 

before November 15, 2022. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that new or more restrictive airworthiness 

limitations are necessary. The FAA is issuing 

this AD to address among other things, 

fatigue cracking and damage in principal 

structural elements. The unsafe condition, if 

not addressed, could result in reduced 

structural integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Revision of the Existing 

Maintenance or Inspection Program, With a 

New Terminating Action 

This paragraph restates the requirements of 

paragraph (j) of AD 2023–04–16, with a new 

terminating action. For airplanes with an 

original airworthiness certificate or original 

export certificate of airworthiness issued on 

or before November 15, 2021: Except as 

specified in paragraph (h) of this AD, comply 

with all required actions and compliance 

times specified in, and in accordance with, 

European Union Aviation Safety Agency 

(EASA) AD 2022–0141, dated July 7, 2022 

(EASA AD 2022–0141). Accomplishing the 

revision of the existing maintenance or 

inspection program required by paragraph (j) 

of this AD terminates the requirements of this 

paragraph. 

(h) Retained Exceptions to EASA AD 2022– 

0141, With No Changes 

This paragraph restates the exceptions 

specified in paragraph (k) of AD 2023–04–16, 

with no changes. 

(1) The requirements specified in 

paragraphs (1) and (2) of EASA AD 2022– 

0141 do not apply to this AD. 

(2) Paragraph (3) of EASA AD 2022–0141 

specifies revising ‘‘the approved AMP’’ 

within 12 months after its effective date, but 

this AD requires revising the existing 

maintenance or inspection program, as 

applicable, within 90 days after May 12, 2023 

(the effective date of AD 2023–04–16). 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2022–0141 is at the applicable 

‘‘limitations’’ and ‘‘associated thresholds’’ as 

incorporated by the requirements of 

paragraph (3) of EASA AD 2022–0141, or 

within 90 days after May 12, 2023 (the 

effective date of AD 2023–04–16), whichever 

occurs later. 

(4) The provisions specified in paragraphs 

(4) and (5) of EASA AD 2022–0141 do not 

apply to this AD. 

(5) The ‘‘Remarks’’ section of EASA AD 

2022–0141 does not apply to this AD. 

(i) Retained Restrictions on Alternative 

Actions and Intervals, With a New Exception 

This paragraph restates the requirements of 

paragraph (l) of AD 2023–04–16, with a new 

exception. Except as required by paragraph 

(j) of this AD, after the maintenance or 

inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections) and 

intervals are allowed unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2022–0141. 

(j) New Revision of the Existing Maintenance 

or Inspection Program 

Except as specified in paragraph (k) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2023–0047, 

dated March 2, 2023 (EASA AD 2023–0047). 

Accomplishing the revision of the existing 

maintenance or inspection program required 

by this paragraph terminates the 

requirements of paragraph (g) of this AD. 

(k) Exceptions to EASA AD 2023–0047 

(1) This AD does not adopt the 

requirements specified in paragraphs (1) and 

(2) of EASA AD 2023–0047. 

(2) Paragraph (3) of EASA AD 2023–0047 

specifies revising ‘‘the approved AMP’’ 

within 12 months after its effective date, but 

this AD requires revising the existing 

maintenance or inspection program, as 

applicable, within 90 days after the effective 

date of this AD. 

(3) The initial compliance time for doing 

the tasks specified in paragraph (3) of EASA 

AD 2023–0047 is at the applicable 

‘‘limitations’’ and ‘‘associated thresholds’’ as 

incorporated by the requirements of 

paragraph (3) of EASA AD 2023–0047, or 

within 90 days after the effective date of this 

AD, whichever occurs later. 

(4) This AD does not adopt the provisions 

specified in paragraphs (4) and (5) of EASA 

AD 2023–0047. 

(5) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0047. 

(l) New Provisions for Alternative Actions 

and Intervals 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (j) of this AD, no 

alternative actions (e.g., inspections) and 

intervals are allowed unless they are 

approved as specified in the provisions of the 

‘‘Ref. Publications’’ section of EASA AD 

2023–0047. 

(m) Terminating Action for AD 2010–26–05 

Accomplishing the actions required by 

paragraph (g) or (j) of this AD terminates the 

requirements of paragraph (g)(1) of AD 2010– 

26–05, for Dassault Aviation Model FALCON 

900EX airplanes, S/N 97 and S/Ns 120 and 

higher only. 

(n) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to manager of the International Validation 

Branch, mail it to the attention address 

identified in paragraph (o) of this AD or 

email to: 9-AVS-AIR-730-AMOC@faa.gov. If 

mailing information, also submit information 

by email. Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or EASA; or Dassault 

Aviation’s EASA Design Organization 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature. 

(o) Additional Information 

For more information about this AD, 

contact Tom Rodriguez, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 206– 

231–3226; email tom.rodriguez@faa.gov. 

(p) 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 this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on November 2, 2023. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0047, dated March 2, 2023. 

(ii) [Reserved] 

(4) The following service information was 

approved for IBR on May 12, 2023 (88 FR 

20738, April 7, 2023). 

(i) EASA AD 2022–0141, dated July 7, 

2022. 

(ii) [Reserved] 

(5) For EASA ADs 2022–0141 and 2023– 

0047, contact EASA, Konrad-Adenauer-Ufer 

3, 50668 Cologne, Germany; telephone +49 

221 8999 000; email ADs@easa.europa.eu; 

website easa.europa.eu. You may find these 


ddrumheller on DSK120RN23PROD with RULES1
66686 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 

EASA ADs on the EASA website 

ad.easa.europa.eu. 

(6) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th Street, Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(7) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on September 22, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–21100 Filed 9–27–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0765] 

RIN 1625–AA00 

Safety Zone; Lake Erie, Buffalo, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 350-foot 

radius of 42 52′07.96′′ N 78 53′00.87′′ W. 

The safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by fallout from a fireworks 

display. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Sector Buffalo. 

DATES: This rule is effective from 7:30 

p.m. through 9:30 p.m. on October 6, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0765 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT William Kelley, Waterways 

Management at Sector Buffalo, U.S. 

Coast Guard; telephone 716–843–9343, 

email D09-SMB-SECBuffalo-WWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

event sponsor did not submit notice of 

the fireworks display to the Coast Guard 

with sufficient time remaining before 

the event to publish an NPRM. Delaying 

the effective date of this rule to wait for 

a comment period to run would be 

impracticable and contrary to the public 

interest by inhibiting the Coast Guard’s 

ability to protect spectators and vessels 

from the hazards associated with this 

firework display. 

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. For the same reasons 

discussed in the preceding paragraph, 

waiting for a 30-day notice period to run 

would be impracticable and contrary to 

the public interest. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port (COTP) Buffalo has 

determined that potential hazards 

associated with a fireworks display 

starting October 6, 2023 at 7:30 p.m., 

will be a safety concern for anyone 

within a 350-foot radius of the launch 

site at 42 52′07.96′′ N 78 53′00.87′′ W. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the fireworks display is 

active. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7:30 p.m. until 9:30 p.m. on 

October 6, 2023. The safety zone will 

cover all navigable waters within 350 

feet of the launch site at 42 52′07.96′′ N 

78 53′00.87′′ W. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters from potential 

hazards, while the fireworks display is 

active. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP Buffalo or a designated 

representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the safety zone. The 

safety zone will encompass a 350-foot 

radius of the fireworks launch site at 42 

52′07.96′′ N 78 53′00.87′′ W lasting 

approximately one hour during the 

evening when vessel traffic is normally 

low. Moreover, the Coast Guard would 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule would allow vessels 

to seek permission to enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 


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