34802 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Bombardier, Inc.: Docket No. FAA–2018– 

0635; Product Identifier 2017–NM–183– 

AD. 

(a) Comments Due Date 

We must receive comments by September 

6, 2018. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc., 

Model DHC–8–102, –103, –106, –201, –202, 

–301, –311, and –315 airplanes, certificated 

in any category, serial numbers 003 through 

540 inclusive, on which Bombardier Service 

Bulletin 8–74–02, dated March 3, 2000; or 

Revision A, dated January 27, 2014; has been 

accomplished concurrently with or after 

accomplishment of Bombardier Service 

Bulletin 8–76–35 or 8–76–24. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 74, Ignition; 76, Engine 

Controls. 

(e) Reason 

This AD was prompted by a report that a 

certain modification to the auto relight 

system is incompatible with a certain beta 

lockout system modification and could result 

in de-activation of the auto ignition feature 

of the No. 2 engine. We are issuing this AD 

to prevent unintentional de-activation of the 

auto ignition feature of the No. 2 engine 

when the beta lockout system is activated, 

which could result in an uncommanded inflight shutdown of the No. 2 engine. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection and Corrective Action 

Within 6000 flight hours or 36 months, 

whichever occurs first, after the effective date 

of this AD, inspect and, as applicable, rectify 

the auto ignition system in accordance with 

the Accomplishment Instructions of 

Bombardier Service Bulletin 8–74–07, dated 

April 13, 2016. 

(h) Credit for Previous Actions 

This paragraph provides credit for 

rectification required by paragraph (g) of this 

AD, if those actions were performed before 

the effective date of this AD using 

Bombardier In-Service Modification 

IS8Q7400001, Revision C, dated November 

27, 2015. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York 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 certification office, 

send it to ATTN: Program Manager, 

Continuing Operational Safety, FAA, New 

York ACO Branch, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone 

516–228–7300; fax 516–794–5531. 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. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, New York ACO Branch, 

FAA; or Transport Canada Civil Aviation 

(TCCA); or Bombardier, Inc.’s TCCA Design 

Approval Organization (DAO). If approved by 

the DAO, the approval must include the 

DAO-authorized signature. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

AD CF–2017–21R1, dated June 28, 2017, for 

related information. This MCAI may be 

found in the AD docket on the internet at 

http://www.regulations.gov by searching for 

and locating Docket No. FAA–2018–0635. 

(2) For more information about this AD, 

contact Anthony Flores, Aerospace Engineer, 

Propulsion and Program Management 

Section, Chicago ACO Branch, Room 107, 

2300 East Devon Avenue, Des Plaines, IL 

60018; telephone 847–294–7140; fax 847– 

294–7834. 

(3) For information about AMOCs, contact 

Joe Catanzaro, Aerospace Engineer, 

Propulsion Section, FAA, New York ACO 

Branch, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 516–228– 

7366; fax 516–794–5531; email 9-avs-nyacocos@faa.gov. 

(4) For service information identified in 

this AD, contact Bombardier, Inc., Q-Series 

Technical Help Desk, 123 Garratt Boulevard, 

Toronto, Ontario M3K 1Y5, Canada; 

telephone 416–375–4000; fax 416–375–4539; 

email thd.qseries@aero.bombardier.com; 

internet http://www.bombardier.com. You 

may view this service information at the 

FAA, Transport Standards Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

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

Issued in Des Moines, Washington, on July 

13, 2018. 

Michael Kaszycki, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2018–15659 Filed 7–20–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 169 

[189A2100DD/AAKC001030/ 

A0A501010.999900 253G] 

RIN 1076–AF20 

Rights-of-Way on Indian Land; Bond 

Exemption 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

exempt Federal, State, Tribal, and local 

governments from the requirement to 

obtain a bond, insurance, or alternative 

form of security for a right-of-way across 

Indian land and BIA land where such 

governments are prohibited by law from 

obtaining security. 

DATES: Comments are due by September 

21, 2018. 

ADDRESSES: Please submit comments by 

email to consultation@bia.gov or to 

Office of Regulatory Affairs & 

Collaborative Action—Indian Affairs 

(RACA), U.S. Department of the Interior, 

1849 C Street NW, Mail Stop 4660, 

Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Director, Office of 

Regulatory Affairs & Collaborative 

Action, (202) 273–4680; 

elizabeth.appel@bia.gov. 

SUPPLEMENTARY INFORMATION: On 

November 19, 2015, the Bureau of 

Indian Affairs (BIA) finalized revisions 

to the regulations governing rights-ofway on Indian land and BIA land at 25 

CFR part 169. See 80 FR 72492. The 

regulations became effective on April 

21, 2016. 81 FR 14976. The final 

regulations established new 

requirements for bonding, insurance, or 

alternative form of security to cover the 

annual rental, estimated damages, 

operation and maintenance charges, and 

restoration. See 25 CFR 169.103(a). The 

regulations allow for waiver of this 

requirement on a case-by-case basis. See 

25 CFR 169.103(f). 

Currently, a governmental entity 

applying for a right-of-way across Indian 

land or BIA land must seek a waiver 

(and landowner consent for the waiver) 

from the requirement to provide 

bonding, insurance, or alternate security 

in those cases in which the entity is 

prohibited by law from obtaining such 

bonding, insurance, or alternate 

security. This rule would eliminate the 

need for governmental entities to seek a 

waiver for each instance by exempting 

governmental entities from the 


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Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 34803 

requirement to obtain bonding, 

insurance, or alternative form of 

security if they are prohibited by law 

from doing so. It also requires 

governmental entities to provide a 

certification with their application, with 

citation to applicable law, that they are 

prohibited by law from providing 

security. In addition, this rule requires 

governmental entities to notify 

landowners that they are prohibited by 

law from providing security when they 

notify the Indian landowners of their 

application under 25 CFR 169.107. 

Procedural Requirements 

A. Regulatory Planning and Review 

(E.O. 12866) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) at the Office 

of Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this rule is not 

significant. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the Nation’s regulatory 

system to promote predictability, to 

reduce uncertainty, and to use the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. The 

E.O. directs agencies to consider 

regulatory approaches that reduce 

burdens and maintain flexibility and 

freedom of choice for the public where 

these approaches are relevant, feasible, 

and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. 

B. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). It does not change 

current funding requirements and 

would not impose any economic effects 

on small governmental entities. 

C. Small Business Regulatory 

Enforcement Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

(a) Will not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Will not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of the U.S.-based enterprises 

to compete with foreign-based 

enterprises. 

D. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

E. Takings (E.O. 12630) 

This rule does not effect a taking of 

private property or otherwise have 

taking implications under E.O. 12630. A 

takings implication assessment is not 

required. 

F. Federalism (E.O. 13132) 

Under the criteria in section 1 of E.O. 

13132, this rule does not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. A federalism 

summary impact statement is not 

required. 

G. Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

H. Consultation With Indian Tribes 

(E.O. 13175) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

tribes through a commitment to 

consultation with Indian tribes and 

recognition of their right to selfgovernance and tribal sovereignty. We 

have evaluated this rule under the 

Department’s consultation policy and 

under the criteria in E.O. 13175 and 

have determined there are no 

substantial direct effects on federally 

recognized Indian Tribes that will result 

from this rulemaking because the rule 

addresses an inconsistency that may 

have otherwise prevented governments 

from obtaining rights-of-way on Indian 

land. 

I. Paperwork Reduction Act 

The Paperwork Reduction Act (PRA), 

44 U.S.C. 3501 et seq., prohibits a 

Federal agency from conducting or 

sponsoring a collection of information 

that requires OMB approval, unless 

such approval has been obtained and 

the collection request displays a 

currently valid OMB control number. 

Nor is any person required to respond 

to an information collection request that 

has not complied with the PRA. In 

accordance with 44 U.S.C. 3507(d), the 

information collections in 25 CFR part 

169 are authorized by OMB Control 

Number 1076–0181, Rights-of-Way on 

Indian Land, which expires 04/30/2019. 

The requirements in this rule to provide 

a legal citation and notice is not 

expected to have a quantifiable effect on 

the hour burden estimate for the 

information collection, but BIA will 

review whether its current estimates are 

affected by this change at the next 

renewal. 

A Federal agency may not conduct or 

sponsor, and you are not required to 

respond to, a collection of information 

unless the form or regulation requesting 

the information displays a currently 

valid OMB Control Number. 

J. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act of 1969 

(NEPA) is not required because this is 

an administrative and procedural 

regulation. (For further information see 

43 CFR 46.210(i)). We have also 

determined that the rule does not 

involve any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would require further analysis 

under NEPA. 

K. Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. A Statement of Energy Effects is 

not required. 

L. Clarity of this Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

a. Be logically organized; 


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34804 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 

b. Use the active voice to address 

readers directly; 

c. Use clear language rather than 

jargon; 

d. Be divided into short sections and 

sentences; and 

e. Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you believe 

lists or tables would be useful, etc. 

M. Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

N. E.O. 13771: Reducing Regulation and 

Controlling Regulatory Costs 

This action is not an E.O. 13771 

regulatory action because it imposes no 

more than de minimis costs. 

List of Subjects in 25 CFR Part 169 

Indians-lands, Reporting and 

recordkeeping requirements, Rights-ofway. 

For the reasons stated in the 

preamble, the Department of the 

Interior, Bureau of Indian Affairs, 

proposes to amend 25 CFR part 169 as 

follows: 

PART 169—RIGHTS-OF-WAY OVER 

INDIAN LAND 

■ 1. The authority citation for part 169 

continues to read as follows: 

Authority: 5 U.S.C. 301; 25 U.S.C. 323– 

328; 25 U.S.C. 2201 et seq. 

■ 2. Amend § 169.103 by adding 

paragraph (k) to read as follows: 

§ 169.103 What bonds, insurance, or other 

security must accompany the application? 

* * * * * 

(k) The requirements of this section 

do not apply to Federal, State, Tribal, or 

local governments who are prohibited 

by law from providing a bond, 

insurance, or other security. Federal, 

State, Tribal, or local governments 

seeking this exemption must include 

with their application a certification, 

including a citation to applicable law, 

that they are prohibited by law from 

providing security. Federal, State, 

Tribal, or local governments must also 

notify landowners that they are 

prohibited by law from providing 

security when they notify the Indian 

landowners of their application under 

§ 169.107. 

Dated: June 29, 2018. 

John Tahsuda, 

Principal Deputy Assistant Secretary—Indian 

Affairs exercising the authority of the 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2018–15680 Filed 7–20–18; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0683] 

RIN 1625–AA00 

Safety Zone; Great Lakes Offshore 

Grand Prix; Lake Erie, Dunkirk, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone for 

certain waters of Dunkirk Harbor, Lake 

Erie, Dunkirk, NY during the Great 

Lakes Offshore Grand Prix. This 

proposed rulemaking would prohibit 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port Buffalo or a 

designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 7, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0683 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LCDR Michael 

Collet, Chief of Waterways Management, 

U.S. Coast Guard Sector Buffalo; 

telephone 716–843–9322, 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, Purpose, and Legal 

Basis 

On March 22, 2018, Dunkirk Local 

Development Corporation and Dunkirk 

Festivals notified the Coast Guard that 

it would be conducting a professional 

high speed powerboat race from 10:00 

a.m. until 5:00 p.m. on August 19, 2018. 

The race will be held in the vicinity of 

the Dunkirk Harbor. Hazards from the 

boat regatta include high speed vessels. 

The Captain of the Port Buffalo (COTP) 

has determined that potential hazards 

associated with the Great Lakes Offshore 

Grand Prix would be a safety concern 

for anyone within the designated safety 

zone. 

The purpose of this rulemaking is to 

enhance the safety of vessels and racers 

on the navigable waters within the 

designated safety zone before, during, 

and after the scheduled event. The Coast 

Guard proposes this rulemaking under 

authority 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

The COTP proposes to establish a 

temporary safety zone enforced 

intermittently, from 10:00 a.m. until 

5:00 p.m. on August 19, 2018 with a 

rain date of August 18, 2018. The safety 

zone will encompass all navigable 

waters of Lake Erie, Dunkirk, NY 

starting at position 42°29′37.7′′ N, 

079°21′17.7′′ W then Northwest to 

42°29′45.2′′ N, 079°21′28.2′′ W then 

Northeast to 42°30′15.0′′ N, 079°21′20.0′′ 

W then Northeast to 42°30′39.0′′ N, 

079°19′46.0′′ W then Southeast to 

42°30′09.3′′ N, 079°19′03.1′′ W. The 

duration of the zone is intended to 

enhance the safety of vessels and these 

navigable waters before, during, and 

after the scheduled 10:00 a.m. until 5:00 

p.m. boat races. No vessel or person 

would be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. The regulatory text we 

are proposing appears at the end of this 

document. 

IV. Regulatory Analyses 

We developed this proposed 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. 


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