Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Proposed Rules 15899 

Installation Prohibitions 

(i) After the effective date of this AD: 

(1) Do not install any fan blade into any 

CF34–3A1 engine with fan drive shaft, P/N 

6036T78P02, with an airworthiness 

limitation section life limit of 22,000 CSN if 

that fan blade: 

(i) Was installed in a CF34–3A1 engine 

with fan drive shaft, P/N 6036T78P02, with 

an airworthiness limitation section life limit 

of 15,000 CSN; and 

(ii) Is listed in Appendix A of GEAE SB 

CF34–BJ S/B 72–0229, Revision 01, dated 

July 30, 2008; or 

(iii) Is listed in Appendix A of GEAE SB 

CF34–BJ S/B 72–0230, Revision 01, dated 

July 30, 2008. 

(2) Do not install any fan blade into any 

CF34–3A1 engine with fan drive shaft, P/N 

6036T78P02, with an airworthiness 

limitation section life limit of 15,000 CSN if 

that fan blade: 

(i) Was installed in any CF34–3A1 engine 

with fan drive shaft, P/N 6036T78P02, with 

an airworthiness limitation section life limit 

of 22,000 CSN and, 

(ii) Is listed in Appendix A of GEAE SB 

CF34–AL S/B 72–0245, Revision 01, dated 

July 3, 2008. 

Alternative Methods of Compliance 

(j) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(k) Contact Kenneth Steeves, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: kenneth.steeves@faa.gov; 

telephone (781) 238–7765; fax (781) 238– 

7199, for more information about this AD. 

(l) GE Aircraft Engines SBs CF34–AL S/B 

73–0046, Revision 02, dated August 27, 2008; 

CF34–AL S/B 72–0245, Revision 01, dated 

July 3, 2008; CF34–AL S/B 72–0250, dated 

August 15, 2008; CF34–BJ S/B 73–0062, 

Revision 02, dated August 27, 2008; CF34– 

BJ S/B 72–0229, Revision 01, dated July 30, 

2008; CF34–BJ S/B 72–0230, Revision 01, 

dated July 30, 2008; and CF34–BJ S/B 72– 

0231, Revision 01, dated October 1, 2008; 

pertain to the subject of this AD. Contact 

General Electric Company via Lockheed 

Martin Technology Services, 10525 Chester 

Road, Suite C, Cincinnati, Ohio 45215; 

telephone (513) 672–8400; fax (513) 672– 

8422, for a copy of this service information. 

Issued in Burlington, Massachusetts, on 

April 4, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–8070 Filed 4–6–09; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0189] 

RIN 1625–AA00 

Safety Zone; Norfolk Tides Post-Game 

Fireworks Display, Elizabeth River, 

Norfolk, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

temporary safety zone on the Elizabeth 

River in the vicinity of Harbor Park, 

Norfolk, VA in support of the post-game 

fireworks displays over the Elizabeth 

River. This action will protect the 

maritime public on the Elizabeth River 

from the hazards associated with 

fireworks displays. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 29, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0189 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0189 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

two locations: the 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, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail LT Tiffany Duffy, 

Coast Guard; telephone 757–668–5580, 

e-mail Tiffany.A.Duffy@uscg.mil. If you 

have questions on viewing 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–2009–0189), 

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 (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone 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– 

2009–0189’’ 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 8c by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments 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– 

2009–0189 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor 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. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 


rwilkins on PROD1PC63 with PROPOSALS-1
15900 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Proposed Rules 

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 using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting 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 a fireworks 

display is scheduled to occur after the 

May 16, 2009 Norfolk Tides home 

baseball game. Although this display 

will be fired from land, a portion of the 

fallout zone is over the Elizabeth River. 

Due to the need to protect mariners and 

spectators from the hazards associated 

with fireworks display the Coast Guard 

will limit access to the Elizabeth River 

within a 210 foot radius of the fireworks 

launching area. 

Discussion of Rule 

The Coast Guard proposes 

establishing a safety zone on specified 

waters of the Elizabeth River in the 

vicinity of Harbor Park, Norfolk, VA. 

This safety zone will encompass all 

navigable waters within 210 feet of the 

fireworks launch site located on land 

directly behind the stadium at 

approximate position 36°50′30′′ N/ 

76°16′42′′ W (NAD 1983). We propose 

establishment of this regulated area in 

the interest of public safety during the 

fireworks display. We intend to enforce 

this zone on May 16, 2009 from 10 p.m. 

until 10:30 p.m. Access to the safety 

zone will be restricted during the 

specified date and time. Except for 

participants and vessels authorized by 

the Captain of the Port or his 

Representative, no person or vessel may 

enter or remain in the regulated area. 

Regulatory Analyses 

We developed this 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 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 can 

adjust their plans accordingly. For the 

above reasons, the Coast Guard does not 

anticipate any significant economic 

impact. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this 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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

The safety zone will only be in place for 

a limited duration. Maritime advisories 

will be issued allowing the mariners to 

adjust their plans accordingly. However, 

this rule may affect the following 

entities, some of which may be small 

entities: Owners and operators of 

vessels intending to transit or anchor in 

that portion of the Elizabeth River from 

10 p.m. until 10:30 p.m. on May 16, 

2009. Although the safety zone will 

apply to a portion of the Elizabeth River, 

there will be adequate space for 

mariners to safely transit around the 

zone. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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. 

Collection of Information 

This rule calls 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 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 rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This 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 rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 


rwilkins on PROD1PC63 with PROPOSALS-1
Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Proposed Rules 15901 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

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 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this 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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management 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 concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a safety zone 

around a fireworks display. The 

fireworks will be launched from a land 

area, however some fallout may enter 

the water within a 210 foot radius of the 

launching site. This zone is designed to 

protect mariners from the hazards 

associated with fireworks displays. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

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; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T05–0189 to read as 

follows: 

§ 165.T05–0189 Safety Zone; Norfolk Tides 

Post-Game Fireworks Display, Elizabeth 

River, Norfolk, VA. 

(a) Regulated Area. The following area 

is a safety zone: Specified waters of the 

Elizabeth River located within a 210 

foot radius of the fireworks launching 

site located at approximate position 

36°50′30′′ N/76°16′42′′ W (NAD 1983), 

directly behind Harbor Park Stadium in 

the vicinity of Norfolk, VA. 

(b) Definition: For the purposes of this 

part, Captain of the Port Representative: 

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 in enforced on May 

16, 2009 from 10 p.m. until 10:30 p.m. 

Dated: March 25, 2009. 

Patrick B. Trapp, 

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

Port, Hampton Roads. 

[FR Doc. E9–7884 Filed 4–7–09; 8:45 am] 

BILLING CODE 4910–15–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 370 

[Docket No. RM 2008–7] 

Notice and Recordkeeping for Use of 

Sound Recordings Under Statutory 

License 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice of inquiry. 

SUMMARY: The Copyright Royalty Judges 

are seeking written comments from 

interested parties to questions relating 

to the costs of census versus sample 

reporting to assist the Judges in the 

revision of the interim regulations for 

filing notices of use and the delivery of 

records of use of sound recordings 

under two statutory licenses of the 

Copyright Act. 

DATES: Comments are due no later than 

May 26, 2009. Reply comments are due 

no later than June 8, 2009. 

ADDRESSES: Comments and reply 

comments may be sent electronically to 

crb@loc.gov. In the alternative, send an 

original, five copies, and an electronic 

copy on a CD either by mail or hand 

delivery. Please do not use multiple 

means of transmission. Comments and 

reply comments may not be delivered 

by an overnight delivery service other 

than the U.S. Postal Service Express 


rwilkins on PROD1PC63 with PROPOSALS-1