Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules 28851

Executive Order 13132, because it

would 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.

Accordingly, the FAA has not consulted

with state authorities prior to

publication of this proposed rule.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, 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. A copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend part

39 of the Federal Aviation Regulations

(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. Section 39.13 is amended by

removing Amendment 39–11714 (65 FR

26121, May 5, 2000), and by adding a

new airworthiness directive (AD), to

read as follows:

Rolls-Royce Corporation (formerly Allison

Engine Company): Docket No. 99–NE–

46–AD. Supersedes AD 2000–09–05,

Amendment 39–11714.

Applicability

This AD is applicable to Rolls-Royce

Corporation (formerly Allison Engine

Company) models AE 3007A, AE 3007A1, AE

3007A1/1, AE 3007A1/2, AE 3007A1/3, AE

3007A1P, and AE 3007C turbofan engines,

with compressor cone shafts, part numbers

(P/Ns) 23050728 and 23070729, installed.

These engines are installed on but not

limited to EMBRAER EMB–135 and EMB–

145 series and Cessna 750 series airplanes.

Note 1: This AD applies to each engine

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

engines that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (h) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance

Compliance with this AD is required as

indicated, unless already done.

To prevent low-cycle fatigue failure of cone

shafts, which could result in an uncontained

engine failure and damage to the airplane,

accomplish the following:

Removal From Service

(a) For Rolls-Royce Corporation model AE

3007A engines, remove cone shafts from

service prior to accumulating 9,500 cyclessince-new (CSN) and replace with

serviceable parts.

(b) For Rolls-Royce Corporation model AE

3007C engines, remove cone shafts from

service prior to accumulating 14,500 CSN

and replace with serviceable parts.

(c) For Roll-Royce Corporation models AE

3007A1, AE 3007A1/1, and AE 3007A1/2

engines, remove cone shafts from service

prior to accumulating 7,500 CSN and replace

with serviceable parts.

(d) For Rolls-Royce Corporation model AE

3007A1/3 engines:

(1) With compressor cone shafts P/N

23070729, serial number (SN) MM78599,

MM78615, MM78632, MM78650, MM78651,

MM78652, MM78653, MM78654, MM78655,

MM78656, MM78657, MM78658, MM78659,

MM78660, MM78661, MM78662, MM78663,

MM78665 or higher, remove cone shafts from

service prior to accumulating 9,300 CSN and

replace with serviceable parts.

(2) With compressor cone shafts P/N

23050728, or P/N 23070729 having other

than the S/N’s listed in paragraph (d)(1) of

this AD, remove cone shafts from service

prior to accumulating 3,500 CSN and replace

with serviceable parts.

(e) For Rolls-Royce Corporation AE

3007A1P engines:

(1) With compressor cone shafts P/N

23070729, SN MM78599, MM78615,

MM78632, MM78650, MM78651, MM78652,

MM78653, MM78654, MM78655, MM78656,

MM78657, MM78658, MM78659, MM78660,

MM78661, MM78662, MM78663, MM78665

or higher, remove cone shafts from service

prior to accumulating 7,300 CSN and replace

with serviceable parts.

(2) With compressor cone shafts P/N

23050728, or P/N 23070729 having other

than the SN’s listed in paragraph (e)(1) of this

AD, remove cone shafts from service prior to

accumulating 2,400 CSN and replace with

serviceable parts.

New Life Limits

(f) Paragraphs (a), (b), (c), (d) and (e) of this

AD establish new, lower life limits for cone

shafts, P/Ns 23050728 and 23070729.

(g) Except for the provisions of paragraph

(h) of this AD, no cone shafts, P/Ns 23050728

and 23070729, may remain in service

exceeding the life limits established in

paragraphs (a), (b), (c), (d) and (e) of this AD.

Alternative Method of Compliance

(h) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Chicago

Aircraft Certification Office (ACO). Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Chicago ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Chicago

ACO.

Special Flight Permits

(i) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the aircraft to

a location where the requirements of this AD

can be accomplished.

Issued in Burlington, Massachusetts, on

May 18, 2001.

Diane S. Romanosky,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 01–13183 Filed 5–24–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07–01–017]

RIN 2115–AE84

Regulated Navigation Areas and

Limited Access Areas; Miami River and

Tamiami Canal, Miami-Dade County,

FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rule making.

SUMMARY: The Coast Guard proposes to

amend the Regulated Navigation Area

for the Miami River and Tamiami Canal

to improve navigational safety on the

River, prevent marine casualties and

ensure the river’s continued ability to

serve as a main artery for flood control.

This proposed rule would prohibit

vessels greater than 200 gross tons from

laying up in an inoperable status on the

Miami River or Tamiami Canal during

hurricane season from June 1 until

November 30 annually.

28852 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules

DATES: Comments and related material

must be received on or before July 24,

2001.

ADDRESSES: You may mail comments

and related material to Commanding

Officer, U.S. Coast Guard, Marine Safety

Office, 100 MacArthur Causeway,

Miami, FL 33139. Captain of the Port

Miami maintains the public docket for

this rulemaking. Comments and

material received from the public, as

well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the above address between 8

a.m. and 4 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

LTJG Heath Hartley, Division Officer,

Coast Guard Marine Safety Office

Miami, Waterways Management at (305)

535–8762.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (CGD07–01–017),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

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

suitable for copying. If you would like

to know they reached us, please enclose

a self-addressed postcard or envelope.

We will consider all comments and

material received during the comment

period. We may change this proposed

rule in view of them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to Commanding

Officer 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 in

the Federal Register.

Background and Purpose

In 1997 we issued regulations, after

notice and comment, to control the

practice of vessel rafting and ensure a

safe minimum channel width along the

Miami River and Tamiami Canal. (62 FR

50511, September 26, 1997). These

regulations are contained in 33 CFR

165.726. The current regulations do not

address vessels that are inoperable

because of repairs, equipment or

manning deficiencies, or judicial

proceedings. This is often referred to as

lay up status. The Coast Guard proposes

to amend the current regulations to

minimize potential environmental and

navigational hazards posed by these

vessels within the Port during the

annual hurricane season.

South Florida’s official hurricane

season runs from June 1 until November

30, during which time the Coast Guard

and maritime community are on a

heightened alert for approaching heavy

weather patterns. Along the 5.5 miles of

interior waterway on the Miami River

and Tamiami Canal, many commercial

vessels involved in trade between

Miami and the Caribbean are routinely

placed out of service either for repairs

or due to judicial and/or financial

injunctions. While in lay up status,

these vessels are typically inoperable

mechanically, rendering them unable to

depart the Port when heavy weather is

imminent and evacuations are ordered.

Commercial vessels remaining on this

waterway after a Captain of the Port

order to depart due to heavy weather

create a substantial pollution threat to

the environment and these vessels are at

risk of breaking their moorings and

becoming navigational hazards,

restricting or closing the narrow

waterway and threatening the viability

of Florida’s fifth largest Port. Amending

the regulations to prohibit inoperable

vessels from laying up on the Miami

River and Tamiami Canal during the

annual hurricane season will mitigate

the potential environmental and

navigational hazards which threaten the

waterway during the hurricane season.

Discussion of Proposed Rule

The proposed rule would require all

vessels greater than 200 gross tons to be

capable of leaving the waterway within

24 hours notice during hurricane

season. This will minimize the potential

environmental and navigational hazards

that could result from hurricane

conditions and ensure that vessels can

depart the port when heavy weather is

imminent.

Regulatory Evaluation

This proposed rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866

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. It is not

‘‘significant’’ under the regulatory

policies and procedures of the

Department of Transportation (DOT) (44

FR 11040, February 26, 1979).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This proposed rule would only affect

those vessels over 200 gross tons that

are incapable of leaving the waterways

within 24 hours notice. This relatively

small number of vessels can make

alternate arrangements in advance.

Further, vessels that desire to remain

can request approval from the Captain

of the Port. Requests will be evaluated

on a case by case basis.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed rule would have

a significant economic effect upon 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 proposed rule would affect

the following entities, some of which

might be small entities, vessel owners or

operators intending to lay up or leave

their vessels inoperable on the Miami

River or Tamiami Canal during some

portion of the hurricane season from

June 1 until November 30.

This proposed rule would not have a

significant economic impact or a

substantial number of small entities for

the following reasons. The proposed

rule would be in effect for six months,

and vessel owners could schedule

lengthy maintenance outside of the

hurricane season. Further, vessels

intending to lay-up during hurricane

season could locate, in advance, other

less hazardous berthing. Vessels that

can depart within 24 hours notice will

not be affected.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this proposed 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 proposed rule would economically

affect it.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules 28853

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 proposed rule would affect your

small business, organization, or

governmental jurisdiction and you have

questions concerning its provisions or

options for compliance, please contact

LTJG Heath Hartley at (305) 535–8762

for assistance in understanding and

participating in this rulemaking.

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 and 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

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 does not concern an

environmental risk to health or risk to

safety that may 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 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.

Environment

We considered the environmental

impact of this proposed rule and

concluded that, under, Figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is 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. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

2. In § 165.726 a new paragraph (b)(9)

is added to read as follows:

§ 165.726 Regulated Navigation Areas;

Miami River, Miami, Florida.

* * * * *

(b) * * *

(9) All vessels greater than 200 gross

tons shall be operational and capable of

leaving the Miami River and Tamiami

Canal within 24 hours of notice during

hurricane season from June 1 until

November 30 annually.

* * * * *

Dated: May 7, 2001.

G.W. Sutton,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District, Acting.

[FR Doc. 01–13285 Filed 5–24–01; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 9, 122, 123, 124, and 125

[FRL–6981–1]

Notice of Data Availability; National

Pollutant Discharge Elimination

System—Regulations Addressing

Cooling Water Intake Structures for

New Facilities

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; Notice of data

availability.

SUMMARY: On August 10, 2000, EPA

proposed standards for cooling water

intake structures at new facilities to

implement section 316(b) of the Clean

Water Act (CWA) (65 FR 49060). This

notice presents a summary of the data

EPA has received or collected since

proposal, an assessment of the relevance

of the data to EPA’s analysis, some

modified technology options suggested

by commenters, and an alternative

approach suggested by a trade group

representing the utility industry. EPA

solicits public comments about any of

the information presented in this notice

and the record supporting this notice.

DATES: Comments on this notice of data

availability must be received or

postmarked on or before midnight June

25, 2001.

ADDRESSES: Mail public comments

regarding this notice of data availability

to: Cooling Water Intake Structure (New

Facilities) Proposed Rule Comment

Clerk—W–00–03, Water Docket, Mail

Code 4101, EPA, Ariel Rios Building,

1200 Pennsylvania Avenue, NW,

Washington, DC 20460. Deliver your

comments in person (including

overnight mail) to the Cooling Water

Intake Structure (New Facilities)

Proposed Rule Comment Clerk—W–00–

03, Water Docket, Room EB 57, 401 M

Street, SW, Washington, DC 20460. You

may also submit comments

electronically to ow-docket@epa.gov.

Please submit any references cited in

your comments. Please submit an

original and three copies of your written

comments and enclosures. For

additional information on how to

submit comments, see SUPPLEMENTARY

INFORMATION, How May I Submit

Comments?’’

FOR FURTHER INFORMATION CONTACT:

Deborah G. Nagle at (202) 260–2656.

The e-mail address for the above contact

is rule.316b@epa.gov.

SUPPLEMENTARY INFORMATION:

Contents

I. Purpose of this Notice