90094 Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2023–26–05 Pilatus Aircraft Ltd.: 

Amendment 39–22648; Docket No. 

FAA–2023–2404; Project Identifier 

MCAI–2023–01268–A. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 3, 2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Pilatus Aircraft Ltd. 

Model PC–24 Airplanes, as identified in 

European Union Aviation Safety Agency 

(EASA) Emergency AD 2023–0219–E, dated 

December 19, 2023 (EASA Emergency AD 

2023–0219–E), certificated in any category. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 2721, Rudder Tab Control System. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that the titanium threaded bolts installed at 

the forward end of the short rudder trim tab 

actuating rods could be subject to 

unexpectedly high oscillating loads due to 

aerodynamic forces acting on the rudder trim 

tab. The FAA is issuing this AD to address 

the unsafe condition. The unsafe condition, 

if not addressed, could result in failure of 

titanium threaded bolts with consequent 

damage to the rudder and rudder trim tab, 

which could result in in loss of rudder 

control and reduced or loss of control of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA Emergency AD 

2023–0219–E. 

(h) Exceptions to EASA Emergency AD 2023– 

0219–E 

(1) Where EASA Emergency AD 2023– 

0219–E refers to its effective date, this AD 

requires using the effective date of this AD. 

(2) Where EASA Emergency AD 2023– 

0219–E requires compliance in terms of flight 

hours, this AD requires using hours time-inservice. 

(3) Where paragraph (4) of EASA 

Emergency AD 2023–0190–E specifies to 

‘‘contact Pilatus to obtain approved 

instructions, and within the compliance 

time(s) specified therein, accomplish those 

instructions accordingly;’’ for this AD, 

replace that text with ‘‘accomplish corrective 

action in accordance with a method 

approved by the Manager, International 

Validation Branch, FAA; or EASA; or Pilatus 

EASA Design Organization Approval (DOA). 

If approved by the DOA, the approval must 

include the DOA-authorized signature.’’ 

(4) Where the service information 

referenced in EASA Emergency AD 2023– 

0190–E specifies to ‘‘Return bellcrank bolts 

with damage to Pilatus Aircraft Ltd.’’ and 

‘‘Return the two threaded bolts (3) (that you 

removed) to Pilatus Aircraft Ltd.’’, this AD 

does not require those actions. 

(5) Where the service information 

referenced in EASA Emergency AD 2023– 

0190–E specifies ‘‘Discard the two lock 

washers (2)’’, for this AD, replace that text 

with ‘‘Remove the two lock washers (2) from 

service.’’ 

(6) This AD does not adopt the Remarks 

paragraph of EASA Emergency AD 2023– 

0190–E. 

(i) 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 local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (j) of this AD or email to: 9-AVSAIR-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 local Flight Standards District Office/ 

certificate holding district office. 

(j) Additional Information 

For more information about this AD, 

contact Doug Rudolph, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: (816) 329– 

4059; email: doug.rudolph@faa.gov. 

(k) 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) European Union Aviation Safety Agency 

(EASA) Emergency AD 2023–0219–E, dated 

December 19, 2023. 

(ii) [Reserved] 

(3) For EASA Emergency AD 2023–0219– 

E, contact EASA, Konrad-Adenauer-Ufer 3, 

50668 Cologne, Germany; phone: +49 221 

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

website: easa.europa.eu. You may find this 

EASA Emergency AD on the EASA website 

at ad.easa.europa.eu. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (817) 222–5110. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on December 22, 2023. 

Caitlin Locke, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28866 Filed 12–27–23; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0907] 

RIN 1625–AA00 Safety Zone; Fireworks 

Display, Pacific Ocean, Westport, WA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Pacific Ocean. This 

action is necessary to provide for the 

safety of life on these navigable waters 

near Westport, Washington, during a 

fireworks display on January 1, 2024. 

This regulation prohibits persons and 

vessels from entering the safety zone 

unless authorized by the Captain of the 

Port Sector Columbia River or a 

designated representative. 

DATES: This rule is effective from 11:30 

p.m. on December 31, 2023, to 1 a.m. on 

January 1, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0907 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 about this rule, call 

or email Lieutenant Carlie Gilligan, 

Waterways Management Division, 

Sector Columbia River, Coast Guard; 

telephone 503–240–9319, email 

SCRWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Columbia River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 


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Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations 90095 

II. Background Information and 

Regulatory History 

On October 23, 2023, an organization 

notified the Coast Guard that it will be 

conducting a fireworks display from 12 

to 12:30 a.m. on January 1, 2024. The 

fireworks are to be launched from a site 

in Westport, WA, at approximate 

location 46°54′17′′ N; 124°05′59′′ W. 

Hazards from firework displays include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. The Captain of 

the Port Sector Columbia River (COTP) 

has determined that potential hazards 

associated with the fireworks to be used 

in this display will be a safety concern 

for anyone within a 600-foot radius of 

the launch site. 

In response, on December 4, 2023, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

Safety Zone; Fireworks Display, Pacific 

Ocean, Westport, WA (88 FR 84249). 

There, we stated why we issued the 

NPRM and invited comments on our 

proposed regulatory action related to 

this fireworks display. During the 

comment period that ended December 

20, 2023, we received one comment 

unrelated to the proposed rulemaking. 

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 the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with a fireworks display. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

COTP has determined that potential 

hazards associated with the fireworks to 

be used in this January 1, 2024, display 

will be a safety concern for anyone 

within 600 feet of the launch site. The 

purpose of this rule is to ensure safety 

of vessels and the navigable waters in 

the safety zone before, during, and after 

the scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

relevant comments on our NPRM 

published December 4, 2023. There are 

no changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM. 

This rule establishes a safety zone 

from 11:30 p.m. on December 31, 2023 

to 1 a.m. January 1, 2024. The safety 

zone will cover all navigable waters 

within 600 feet of the launch site in 

Westport, WA located at approximate 

location 46°54′17′′ N; 124°05′59′′ W. The 

duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the scheduled 12 to 12:30 a.m. 

fireworks display. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP 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, and 

duration of the safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone which will 

impact a small designated area of the 

Pacific Ocean for less than 2 hours on 

an evening when vessel traffic is 

normally low. Moreover, the Coast 

Guard will issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule allows 

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 received no comments 

from the Small Business Administration 

on this 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. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

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 call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

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. 

C. 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). 

D. Federalism and Indian Tribal 

Governments 

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 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, 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 


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90096 Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations 

responsibilities between the Federal 

Government and Indian tribes. 

E. 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. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (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 involves a safety 

zone lasting 1.5 hours that will prohibit 

entry within 600 feet of a launch site on 

the Pacific Ocean. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email 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. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T13–0907 to read as 

follows: 

§ 165.T13–0907 Safety Zone; Fireworks 

Display, Pacific Ocean, Westport, WA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Pacific Ocean, surface to bottom, 600 

feet from the fireworks display site at 

approximately 46°54′17′′ N; 124°05′59′′ 

W. These coordinates are based on the 

launch site located on the Pacific Ocean 

near Firecracker Point, Westport, WA. 

(b) Definitions. As used in this 

section— 

Designated representative means a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to a 

unit under the operational control of the 

U.S. Coast Guard Sector Columbia River 

and designated by or assisting the 

Captain of the Port Columbia River 

(COTP) in the enforcement of the 

regulations in this section. 

(c) Regulations. 

(1) Under the general safety zone 

regulations in subpart C of this part, you 

may not enter the safety zone described 

in paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(d) Enforcement period. This section 

will be enforced from 11:30 p.m. on 

December 31, 2023, through 1 a.m. on 

January 1, 2024. 

Dated: December 22, 2023. 

J.W. Noggle, 

Captain, U.S. Coast Guard, Captain of the 

Port Columbia River. 

[FR Doc. 2023–28757 Filed 12–28–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0961] 

RIN 1625–AA00 

Safety Zone; Laguna Madre, South 

Padre Island, TX 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters in the Laguna 

Madre. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by a firework display 

launched from a stationary barge in the 

Laguna Madre, South Padre Island, 

Texas. Entry of vessels or persons into 

this zone or remaining in the zone when 

it is in effect is prohibited unless 

specifically authorized by the Captain of 

the Port, Sector Corpus Christi or a 

designated representative. 

DATES: This rule is effective from 9 p.m. 

on December 31, 2023, through 1 a.m. 

on January 1st, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0961 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant Commander 

Anthony Garofalo, Sector Corpus Christi 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5130, 

email CCWaterways@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 


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