16818 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Proposed Rules

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has

been included in this notice to clarify

this long-standing requirement.

There are approximately 542 Model

767 series airplanes equipped with overwing escape slides of the affected design

in the worldwide fleet. The FAA

estimates that 178 airplanes of U.S.

registry would be affected by this

proposed AD, that it would take

approximately 40 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would be supplied by the manufacturer

at no cost to the operators. Based on

these figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $427,200, or $2,400 per

airplane.

However, approximately 166 U.S.-

registered airplanes previously were

required by AD 93–25–06 to accomplish

the subject modification. This proposal

would affect only 12 additional U.S.-

registered airplanes. Therefore, the cost

to modify these 12 newly added

airplanes is estimated to be $28,800, or

$2,400 per airplane.

The regulations proposed herein

would not have substantial direct effects

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.

Therefore, in accordance with

Executive Order 12612, it is determined

that this proposal would not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

removing amendment 39–8772 (58 FR

69221, December 30, 1993), and by

adding a new airworthiness directive

(AD), to read as follows:

Boeing: Docket 95–NM–08–AD. Supersedes

AD 93–25–06, Amendment 39–8772.

Applicability: Model 767 series airplanes,

having line positions 1 through 542

inclusive, and equipped with over-wing

escape slides; certificated in any category.

Note 1: This AD applies to each airplane

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

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (c) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent damage to the over-wing escape

slide, which could hinder inflation of the

slide to a usable configuration during an

emergency evacuation, accomplish the

following:

(a) For airplanes having serial number 1

through 476 inclusive: Within 15 months

after January 31, 1994 (the effective date of

AD 93–25–06, amendment 39–8772), modify

the trailing edge panels and the aft flaps, in

accordance with Boeing Service Bulletin

767–57–0043, Revision 1, dated May 6, 1993;

Revision 2, dated September 16, 1993; or

Revision 3, dated February 2, 1995.

(b) For airplanes having serial numbers 477

through 542 inclusive: Within 15 months

after the effective date of this AD, modify the

trailing edge panels and the aft flaps, in

accordance with Boeing Service Bulletin

767–57–0043, Revision 3, dated February 2,

1995.

(c) 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,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(d) 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 airplane to

a location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on March

27, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–8077 Filed 3–31–95; 8:45 am]

BILLING CODE 4910–13–U

Coast Guard

33 CFR Part 165

[CGD01–95–025]

RIN 2115–AA97

Safety Zone: Annual ‘‘Fireworks on the

Navesink’’ Fireworks Display,

Navesink River, Red Bank, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a permanent safety zone for

the annual Independence Day

‘‘Fireworks on the Navesink’’ fireworks

display located on the Navesink River,

Red Bank, New Jersey. The safety zone

would be in effect annually on the third

day of July, from 8 p.m. until 11 p.m.,

with a raid date on the fourth of July,

at the same times, unless extended or

terminated sooner by the Captain of the

Port, New York. The proposed safety

zone would close all waters between the

north and south shores of the Navesink

River, including Red Bank Reach,
Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Proposed Rules 16819

extending approximately 300 yards east

and 300 yards west of the fireworks

platform anchored off of Red Bank, New

Jersey.

DATES: Comments must be received on

or before May 18, 1995.

ADDRESSES: Comments should be

mailed to U.S. Coast Guard Group, New

York, Bldg. 108, Governors Island, New

York 10004–5096, or may be delivered

to the Maritime Planning Staff, Bldg.

108, between 8 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

Any person wishing to visit the office

must contact the Maritime Planning

Staff at (212) 668–7934 to obtain

advance clearance due to the fact that

Governors Island is a military

installation with limited access.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger,

Maritime Planning Staff Chief, Coast

Guard Group New York, (212) 668–

7934.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. A 45 day comment

period is deemed to be sufficiently

reasonable notice to all interested

persons. Since this proposed

rulemaking is neither complex nor

technical, a longer comment period is

deemed to be unnecessary and contrary

to the public interest. Any delay in

publishing a final rule would effectively

cancel this event. Cancellation of this

event would be contrary to public

interest.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–95–025)

and the specific section of the proposal

to which their comments apply, and

give reasons for each comment. Persons

wanting acknowledgment of receipt of

comments should enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing; however,

persons may request a public hearing by

writing to the Maritime Planning Staff at

the address under ADDRESSES. If it is

determined that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

Drafting Information

The drafters of this notice are LTJG K.

Messenger, Project Manager, Coast

Guard Group New York and LCDR J.

Stieb, Project Attorney, First Coast

Guard District, Legal Office.

Background and Purpose

For the last several years, the Town of

Red Bank, New Jersey, has submitted an

Application for Approval of Marine

Event for a fireworks program in the

waters of the Navesink River. This

regulation would establish an annual

safety zone in the waters between the

north and south shores of the Navesink

River, including Red Bank Reach,

extending approximately 300 yards east

and 300 yards west of the fireworks

platform anchored off of Red Bank, New

Jersey, at or near 40°21′20′′ N latitude,

074°04′10′′ W longitude. The safety

zone is bounded by the following

points: 40°21′15′′ N latitude, 074°03′57′′

W longitude; to 40°21′43′′ N latitude,

074°03′57′′ W longitude; and 40°21′20′′

N latitude, 074°04′25′′ W longitude; to

40°21′30′′ N latitude, 074°04′25′′ W

longitude. The safety zone would be

effective on the third of July, from 8

p.m. until 11 p.m., with a raid date on

the fourth of July, at the same times,

unless extended or terminated sooner by

the Captain of the Port New York. This

safety zone would preclude all vessels

from transiting a portion of the

Navesink River, from shore to shore,

and is needed to protect mariners from

the hazards associated with fireworks

exploding in the area.

This permanent regulation would

provide notice to mariners that this

event occurs annually at the same

location, on the same day and time,

allowing them to plan transits

accordingly. This regulation will be

announced annually via Safety Marine

Information Broadcasts and by locally

issued notices.

Regulatory Evaluation

This proposal 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. It has been exempted from review

by the Office of Management and

Budget 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). The Coast Guard

expects the economic impact of this

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary.

This safety zone would close a

portion of the Navesink River, from

shore to shore, to all vessel traffic

annually on the third of July, from 8

p.m. until 11 p.m., with a rain date on

the fourth of July, at the same times,

unless extended or terminated sooner by

the Captain of the Port New York.

Although this regulation would prevent

traffic from transiting this area, the

effect of this regulation would not be

significant for several reasons. Due to

the limited duration of the event; the

late hour of the event; the extensive,

advance advisories that will be made;

that the amount of traffic in this area is

minimal; and that this event has been

held annually for the past several years

without incident or complaint, the Coast

Guard expects the economic impact of

this regulation to be so minimal that a

Regulatory Evaluation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632).

For reasons set forth in the above

Regulatory Evaluation, the Coast Guard

expects the impact of this proposal to be

minimal. The Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal

will not have a significant economic

impact on a substantial number of small

entities.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this proposal does not raise sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this proposal

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B (as revised by 59 FR 38654;

July 29, 1994), it is categorically

excluded from further environmental

documentation. A Categorical Exclusion

Determination is scheduled in the

docket.
16820 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Proposed Rules

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Proposed Regulations

For reasons set out in the preamble,

the Coast Guard proposes to amend 33

CFR part 165 as follows:

PART 165—[AMENDED]

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, 56.04–6, and 160.5;

49 CFR 1.46.

2. Section 165.161 is added to read as

follows:

§ 165.161 Safety Zone; Annual ‘‘Fireworks

on the Navesink’’ Fireworks Display,

Navesink River, Red Bank, New Jersey.

(a) Location. All waters between the

north and south shores of the Navesink

River, including Red Bank Reach,

extending approximately 300 yards east

and 300 yards west of the fireworks

platform anchored off of Red Bank, New

Jersey, at or near 42°21′20′′ N latitude,

074°04′10′′ W. The safety zone is bound

by the following points: 40°21′15′′ N

latitude, 074°03′57′′ W longitude; to

40°21′43′′ N latitude, 074°03′57′′ W

longitude; and 40°21′20′′ N latitude,

074°04′25′′ W longitude; to 40°21′30′′ N

latitude, 074°04′25′′ W longitude.

(b) Effective period. This safety zone

is in effect annually on the third of July,

from 8 p.m. until 11 p.m., unless

extended or terminated sooner by the

Captain of the Port New York. If the

fireworks display is cancelled because

of bad weather, this section is in effect

on the fourth of July, at the same times,

unless extended or terminated sooner by

the Captain of the Port New York. The

effective period will be announced

annually via Safety Marine Information

Broadcasts and locally issued notices.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: March 17, 1995.

J. Rutkovsky,

Commander, U.S. Coast Guard, Captain of

the Port, New York, Acting.

[FR Doc. 95–8127 Filed 3–31–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD01–95–010]

RIN 2115–AA97

Safety Zone: Annual South Street

Seaport New Year’s Eve Fireworks,

East River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a permanent safety zone for

the annual South Street Seaport New

Year’s Eve fireworks display located in

the East River, New York. The safety

zone would be in effect annually on

December 31 at 11:30 p.m. until 12:45

a.m. on January 1, unless extended or

terminated sooner by the Captain of the

Port, New York. The proposed safety

zone would close all waters of the East

River south of the Brooklyn Bridge and

north of a line drawn from Pier 9,

Manhattan to Pier 3, Brooklyn.

DATES: Comments must be received on

or before June 2, 1995.

ADDRESSES: Comments should be

mailed to the U.S. Coast Guard Group,

New York, Bldg. 108, Governors Island,

New York 10004–5096, or may be

delivered to the Maritime Planning

Staff, Bldg. 108, between 8 a.m. and 4

p.m., Monday through Friday, except

Federal holidays.

Any person wishing to visit the office

must contact the Maritime Planning

Staff at (212) 668–7934 to obtain

advance clearance due to the fact that

Governors Island is a military

installation with limited access.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) K. Messenger,

Maritime Planning Staff Chief, Coast

Guard Group New York (212) 668–7934.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–95–010)

and the specific section of the proposal

to which their comments apply, and

give reasons for each comment. Persons

wanting acknowledgment to receipt of

comments should enclose a stamped,

self-addressed postcard or envelop.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing; however,

persons may request a public hearing by

writing to the Maritime Planning Staff at

the address under ADDRESSES. If it is

determined that the opportunity for oral

presentations will aid this rulemaking,

the Coast Guard will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

Drafting Information

The drafters of this notice are LTJG K.

Messenger, Project Manager, Captain of

the Port, New York and LCDR J. Stieb,

Project Attorney, First Coast Guard

District, Legal Office.

Background and Purpose

For the last several years, South Street

Seaport, Inc. has submitted an

Application for Approval of Marine

Event for a New Year’s Eve fireworks

program in the waters of the East River.

This regulation would establish a safety

zone annually in the waters of the East

River at 11:30 p.m. on December 31,

until 12:45 a.m. on January 1, unless

extended or terminated sooner by the

Captain of the Port, New York. This

safety zone would preclude all vessels

from transiting south of the Brooklyn

Bridge and north of a line drawn from

Pier 9, Manhattan to Pier 3, Brooklyn. It

is needed to protect mariners from the

hazards associated with fireworks

exploding in the area.

This permanent regulation would

provide notice to mariners that this

event occurs annually at the same

location, on the same day and time,

allowing them to plan transits

accordingly. This regulation will be

announced annually via Safety Marine

Information Broadcasts and by locally

issued notices.

Regulatory Evaluation

This proposal 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 the

order. It has been exempted from review

by the Office of Management and

Budget 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). The Coast Guard

expects the economic impact of this

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and