12102 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 

Inspections 

(g) Except as required by paragraphs (h) 

and (i) of this AD: At the times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin MD90–55A012, dated 

September 23, 2008, do an eddy current 

inspection for cracks of the upper aft skin 

panels on the left and right sides of the 

horizontal stabilizer, and do all applicable 

related investigative and corrective actions, 

in accordance with the Accomplishment 

Instructions of the service bulletin. 

Exceptions to Service Bulletin Specifications 

(h) Where Boeing Alert Service Bulletin 

MD90–55A012, dated September 23, 2008, 

specifies a compliance time after the date on 

the service bulletin, this AD requires 

compliance within the specified compliance 

time after the effective date of this AD. 

(i) If any crack is found during any 

inspection required by this AD, and Boeing 

Alert Service Bulletin MD90–55A012, dated 

September 23, 2008, specifies to contact 

Boeing for appropriate action: Before further 

flight, repair using a method approved in 

accordance with the procedures specified in 

paragraph (k) of this AD. 

Inspections Done According to MultiOperator Message 

(j) Inspections and corrective actions done 

before the effective date of this AD are 

acceptable for compliance with the 

corresponding requirements of this AD, if 

done in accordance with Boeing MultiOperator Message 1–669017091–1, dated 

November 9, 2007. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Los Angeles Aircraft 

Certification Office, FAA, ATTN: Roger 

Durbin, Aerospace Engineer, Airframe 

Branch, ANM–120L, FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

4137; telephone (562) 627–5233; fax (562) 

627–5210; has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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, in the FAA Flight Standards 

District Office (FSDO), or lacking a principal 

inspector, your local FSDO. The AMOC 

approval letter must specifically reference 

this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, International 

Branch, Los Angeles ACO, to make those 

findings. For a repair method to be approved, 

the repair must meet the certification basis of 

the airplane and the approval must 

specifically refer to this AD. 

Issued in Renton, WA, on March 6, 2009. 

Linda Navarro, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–6218 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0064] 

RIN 1625–AA00 

Safety Zone: Ocean City Air Show, 

Atlantic Ocean, Ocean City, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a safety zone on the 

Atlantic Ocean in the vicinity of Ocean 

City, MD to support the Ocean City Air 

Show. This action is intended to restrict 

vessel traffic on the Atlantic Ocean to 

protect mariners from the hazards 

associated with air show events 

scheduled to take place from June 12 to 

June 14, 2009. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before April 22, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0064 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call LT Tiffany Duffy, Chief 

Waterways Management Division, 

Sector Hampton Roads at (757) 668– 

5580. If you have questions on viewing 

or submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0064), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0064’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period 

and may change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0064 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either the Docket Management Facility 

in Room W12–140 on the ground floor 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 12103 

of the Department of Transportation 

West Building, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays; 

or the Commander, Sector Hampton 

Roads, Norfolk Federal Building, 200 

Granby St., 7th Floor between 9 a.m. 

and 2 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

Coast Guard Sector Hampton Roads 

has been notified that from June 12 to 

June 14, 2009, Ocean City, MD will host 

an air show event on the Atlantic Ocean 

between Talbot Street and 33rd Street in 

Ocean City, MD. In recent years, there 

have been unfortunate instances where 

jets and planes crashing during air show 

performances. Along with the jet 

crashes, there are typically a wide area 

of scattered debris that also damage 

property and could cause significant 

injury or death to mariners observing 

the air shows. Due to the need to protect 

mariners and the public transiting the 

Atlantic Ocean immediately below the 

air show from hazards associated with 

the air show, the Coast Guard proposes 

that a safety zone bound by the 

following coordinates be established: 

38°21′30′′ N/075°03′32′′ W, 38°21′39′′ N/ 

075°04′08′′ W, 38°29′47′′ N/075°04′58′′ 

W, 38°19′37′′ N/075°04′20′′ W (NAD 

1983). Access to this area will be 

temporarily restricted for public safety 

purposes. 

Discussion of Proposed Rule 

The Coast Guard proposes 

establishing a safety zone on specified 

waters of the Atlantic Ocean bound by 

the following coordinates: 38°21′30′′ N/ 

075°03′32′′ W, 38°21′39′′ N/075°04′08′′ 

W, 38°29′47′′ N/075°04′58′′ W, 38°19′37′′ 

N/075°04′20′′ W (NAD 1983), in the 

vicinity of Ocean City, Maryland. This 

safety zone is proposed in the interest 

of public safety during the Ocean City 

Air Show and will be enforced from 10 

a.m. to 4 p.m. each day from June 12 to 

June 14, 2009. Access to the safety zone 

will be restricted during the specified 

date and times. Except for vessels 

authorized by the Captain of the Port or 

his representative, no person or vessel 

may enter or remain in the safety zone. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. Although this proposed 

regulation restricts access to the safety 

zone, the effect of this rule will not be 

significant because: (i) the safety zone 

will be in effect for a limited duration; 

(ii) the zone is of limited size; and (iii) 

the Coast Guard will make notifications 

via maritime advisories so mariners may 

adjust their plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. The safety zone 

will only be in place for a limited 

duration. Before the effective period of 

June 12–14, 2009, maritime advisories 

will be issued allowing mariners to 

adjust their plans accordingly. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Lieutenant 

Tiffany Duffy, Chief, Waterways 

Management Division, Sector Hampton 

Roads at (757) 668–5580. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

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 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 


dwashington3 on PROD1PC60 with PROPOSALS
12104 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 0023.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves a temporary safety zone that 

will be in effect for less than one week. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. A preliminary 

‘‘Environmental Analysis Check List’’ 

supporting this determination is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. We seek any comments or 

information that may lead to discovery 

of a significant environmental impact 

from this proposed rule’’). 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 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: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

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

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Add § 165.T05–0064 to read as 

follows: 

§ 165.T05–0064 Safety Zone: Ocean City 

Air Show, Atlantic Ocean, Ocean City, MD. 

(a) Regulated Area. The following area 

is a safety zone: specified waters of the 

Atlantic Ocean bound by the following 

coordinates: 38°21′30′′ N/075°03′32′′ W, 

38°21′39′′ N/075°04′08′′ W, 38°29′47′′ N/ 

075°04′58′′ W, 38°19′37′′ N/075°04′20′′ 

W (NAD 1983), in the vicinity of Ocean 

City, Maryland. 

(b) Definition: For the purposes of this 

part, Captain of the Port, Hampton 

Roads or his designated representatives 

means: any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port, Hampton Roads, Virginia to 

act on his behalf. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65 Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period. This 

regulation will be enforced from 10 a.m. 

to 4 p.m. daily from June 12 to June 14, 

2009. 

Dated: February 20, 2009. 

Patrick B. Trapp, 

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

Port, Hampton Roads. 

[FR Doc. E9–6183 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–15–P 


dwashington3 on PROD1PC60 with PROPOSALS