Rules and Regulations. Notice of proposed rulemaking (NPRM)

Agency: Federal Aviation Administration (FAA), Department of Transportation (DOT)
Action: Notice of proposed rulemaking (NPRM)
Citation: FR Doc. 06-5507 · RIN 2120-AA64 · Docket No. FAA-2006-24955; Directorate Identifier 2006-CE-31-AD · 14 CFR 39

Summary

We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. The proposed AD would require actions that are intended to address an unsafe condition described in the MCAI.

Dates

We must receive comments on this proposed AD by July 19, 2006.

Supplementary Information

Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. We are prototyping this process and specifically request your comments on its use. You can find more information in FAA draft Order 8040.2, “Airworthiness Directive Process for Mandatory Continuing Airworthiness Information” which is currently open for comments at http://www.faa.gov/aircraft/draft_docs. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all existing AD issuance processes to meet legal, economic, Administrative Procedure Act, and Federal Register requirements. We also continue to follow our technical decision-making processes in all aspects to meet our responsibilities to determine and correct unsafe conditions on U.S.-certificated products. This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles. The comment period for this proposed AD is open for 30 days to allow time for comment on both the process and the AD content. In the future, ADs using this process will have a 15-day comment period. The comment period is reduced because the airworthiness authority and manufacturer have already published the documents on which we based our decision, making a longer comment period unnecessary. Comments Invited We invite you to send any written data, views, or arguments regarding this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number, “FAA-2006-24955; Directorate Identifier 2006-CE-31-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We are also inviting comments, views, or arguments on the new MCAI process. We will consider all comments received by the closing date and may amend this proposed AD in light of those comments. We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive concerning this proposed AD. Discussion The Civil Aviation Safety Authority (CASA), which is the airworthiness authority for Australia, has issued Australian AD No. AD/GA8/4, effective April 13, 2006, (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states that the aircraft manufacturer has identified the current location of the pilot and second occupant seat stops is such that, at either seat's most forward position, aft movement of the control column can be restricted by the seat structure. If not corrected, this condition could lead to reduced controllability of the airplane in certain conditions. The MCAI requires relocating the seat stop to eliminate this condition. You may obtain further information by examining the MCAI in the docket. Relevant Service Information Gippsland Aeronautics has issued Mandatory Service Bulletin SB-GA8-2005-29, Issue 2, dated February 14, 2006. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This Proposed AD This product is manufactured outside the United States and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral agreement. Pursuant to this bilateral airworthiness agreement, the State of Design's airworthiness authority has notified us of the unsafe condition described in the MCAI and service information referenced above. We have examined the airworthiness authority's findings, evaluated all pertinent information, and determined an unsafe condition exists and is likely to exist or develop on all products of this type design. We are issuing this proposed AD to correct the unsafe condition. Differences Between This Proposed AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable in a U.S. court of law. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this proposed AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of this proposed AD. These proposed requirements, if ultimately adopted, will take precedence over the actions copied from the MCAI. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 22 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to do the action and that the average labor rate is $80 per work-hour. Required parts would cost about $20 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $7,920, or $360 per product ($180 per seat assembly). Authority for This Rulemaking Title 49 of the United States Code specifies FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD 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. For the reasons discussed above, I certify that the 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. 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. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket that contains the proposed AD, the regulatory evaluation, any comments received, and other information on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone (800) 647-5227) is located at the street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 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. The FAA amends § 39.13 by adding the following new AD: Gippsland Aeronautics Pty. Ltd. : FAA-2006-24955; Directorate Identifier 2006-CE-31-AD Comments Due Date (a) We must receive comments on this proposed airworthiness directive (AD) by July 19, 2006. Affected ADs (b) None. Applicability (c) This AD applies to Model GA8 airplanes, all serial numbers through GA8-05-088, that are certificated in any U.S. category. Reason (d) The mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Australia states that the aircraft manufacturer has determined that the current location of the pilot and second occupant seat stops is such that, at either seat's most forward position, aft movement of the control column can be restricted by the seat structure. If not corrected, this condition could lead to reduced controllability of the airplane in certain conditions. The MCAI requires relocating the seat stop to eliminate this condition. Actions and Compliance (e) Unless already done, do the following except as stated in paragraph (f) below: (1) At the next regularly scheduled maintenance inspection (e.g. 100 hour or annual) that occurs 30 days after the effective date of this AD, modify the pilot and second occupant seat track rails to add a new stop location. (2) Do the modification following Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2005-29, Issue 2, dated February 14, 2006. FAA AD Differences (f) None. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Staff, FAA, ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; facsimile: (816) 329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. (2) Return to Airworthiness: When complying with this AD, perform FAA-approved corrective actions before returning the product to an airworthy condition. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information (h) This AD is related to MCAI Australian AD No. AD/GA8/4, effective April 13, 2006, which references Gippsland Aeronautics Mandatory Service Bulletin SB-GA8-2005-29, Issue 2, dated February 14, 2006. Issued in Kansas City, Missouri, on June 12, 2006. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-9560 Filed 6-16-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-23714; Airspace Docket No. 06-AAL-07] Proposed Revision of Class E Airspace; Barter Island, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. SUMMARY: This action proposes to revise Class E airspace at Barter Island, AK. Two new Standard Instrument Approach Procedures (SIAPs) are being developed and one SIAP is being amended for the Barter Island Airport. Adoption of this proposal would result in amending Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Barter Island, AK. DATES: Comments must be received on or before August 3, 2006. ADDRESSES: Send comments on the proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-2006-23714/Airspace Docket No. 06-AAL-07, at the beginning of your comments. You may also submit comments on the Internet at http://dms.dot.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. An informal docket may also be examined during normal business hours at the office of the Manager, Safety, Alaska Flight Service Operations, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587. FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number (907) 271-5898; fax: (907) 271-2850; e-mail: gary.ctr.rolf@faa.gov. Internet address: http://www.alaska.faa.gov/at. SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2006-23714/Airspace Docket No. 06-AAL-07.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of Notice of Proposed Rulemaking's (NPRM's) An electronic copy of this document may be downloaded through the Internet at http://dms.dot.gov. Recently published rulemaking documents can also be accessed through the FAA's Web page at http://www.faa.gov or the Superintendent of Document's Web page at http://www.access.gpo.gov/nara. Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW., Washington, DC 20591 or by calling (202) 267-8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, to request a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal The FAA is considering an amendment to the Code of Federal Regulations (14 CFR part 71), which would revise Class E airspace at Barter Island, AK. The intended effect of this proposal is to revise Class E airspace upward from 700 ft. and 1,200 ft. above the surface to contain Instrument Flight Rules (IFR) operations at Barter Island, AK. The FAA Instrument Flight Procedures Production and Maintenance Branch has developed two new SIAPs, and amended one SIAP for the Barter Island Airport. The new approaches are (1) Area Navigation (Global Positioning System) (RNAV (GPS)) RWY 07, Original and (2) RNAV (GPS) RWY 25, Original. The amended approach is the Non Directional Beacon (NDB) RWY 07, Amendment 1. This action would revise Class E controlled airspace extending upward from 700 ft. and 1,200 ft. above the surface near the Barter Island Airport. The proposed airspace is sufficient in size to contain aircraft executing instrument procedures at the Barter Island Airport. The area would be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1200 foot transition areas are published in paragraph 6005 in FAA Order 7400.9N, Airspace Designations and Reporting Points, dated September 1, 2005, and effective September 15, 2005, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) Is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it proposes to create Class E airspace sufficient in size to contain aircraft executing instrument procedures at Barter Island Airport and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9N, Airspace Designations and Reporting Points, dated September 1, 2005, and effective September 15, 2005, is to be amended as follows: Paragraph 6005 Class E airspace extending upward from 700 feet or more above the surface of the earth. AAL AK E5 Barter Island, AK [Revised] Barter Island Airport, AK (Lat. 70°08′02″ N., long. 143°34′55″ W.) That airspace extending upward from 700 feet above the surface within a 4.7-mile radius of the Barter Island Airport; and that airspace extending upward from 1,200 feet above the surface within a 83-mile radius of Barter Island Airport, excluding that airspace east of 141° West Longitude. Issued in Anchorage, AK, on June 8, 2006. Anthony M. Wylie, Director, Flight Service Information Office (AK). [FR Doc. E6-9589 Filed 6-16-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 260 [Docket No. RM06-18-000] Revision of Regulations To Require Reporting of Damage to Natural Gas Pipeline Facilities Issued June 9, 2006. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice of proposed rulemaking. SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes to amend its regulations requiring the reporting of natural gas pipeline service interruptions to add a requirement that jurisdictional natural gas pipelines report damage to pipeline facilities that results in loss of or reduction in service through such facilities, and when service through such facilities has been restored. The Commission also proposes to amend its regulations to eliminate references to reporting by telegraph and to require reporting by e-mail or, as currently provided, by facsimile. The Commission further proposes to amend its regulations to change, from 20 to 30 days, the time by which a company must file with the Commission a copy of any incident report required by the U.S. Department of Transportation. The Commission invites public comments on these proposed revisions, which the Commission has determined are needed to ensure timely identification of damage to the nation's natural gas infrastructure as the result of hurricanes or other causes. DATES: Comments are due July 19, 2006. ADDRESSES: Comments may be filed electronically via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission encourages electronic filing. Commenters unable to file comments electronically must send an original and 14 copies of their comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426. Refer to the Comment Procedures section of the preamble for additional information on how to file comments. FOR FURTHER INFORMATION CONTACT: Berne Mosley, Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. berne.mosley@ferc.gov. (202) 502-8625. Howard Wheeler, Office of Energy Projects, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. howard.wheeler@ferc.gov. (202) 502-8688. William Blome, Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. william.blome@ferc.gov. (202) 502-8462. SUPPLEMENTARY INFORMATION: I. Introduction 1. The Federal Energy Regulatory Commission is proposing to amend section 260.9 of its regulations. 1 Currently, section 260.9 requires that a natural gas company submit a report only when it experiences a serious service interruption involving facilities operated under certificate authority granted by the Commission under the Natural Gas Act (Act). 2 However, in situations where natural gas pipeline facilities are damaged, service interruptions can sometimes be avoided by rerouting gas supplies through other facilities or by means of other delivery arrangements. In these situations, section 260.9 does not presently require that companies report the damage to their pipeline facilities. 1 18 CFR 260.9 (2005). 2 15 U.S.C. 717-717z (2006). 2. Even when arrangements can be made to avoid service interruptions as the result of damage to specific pipeline facilities, such damage can nevertheless place a strain on the nation's natural gas infrastructure. Widespread, severe damage can seriously threaten the stability of the infrastructure. The damage done by Hurricanes Katrina and Rita in the Gulf Coast area in late summer 2005 was widespread and severe. Offshore energy production was shut-in; pipelines, power lines, and other means of energy transportation were seriously damaged; and other important parts of the energy infrastructure system, such as natural gas processing plants, were closed. Hurricane recovery efforts are still ongoing. 3 3 As of May 3, 2006, shut-in gas production in the Gulf of Mexico from the two hurricanes was equivalent to 12.95% of current daily gas production. Hurricane Katrina/Hurricane Rita Evacuation and Production Shut-in Statistics Report as of Wednesday, May 3, 2006 [Final Report], U.S. Department of the Interior, Minerals Management Service (May 3, 2006). 3. Before, during, and after the hurricanes, the U.S. Department of Energy led the federal effort to collect energy infrastructure information in accordance with the National Response Plan. 4 As a participant in this effort, the Commission became aware that, while jurisdictional companies had kept the Commission informed of service interruptions as required by section 260.9 of the regulations, vital information regarding the physical condition of facilities affecting operation of the pipeline grid remained unknown to the Commission. This was generally attributable to the following factors: (1) Only interruptions of firm service lasting more than three hours were required to be reported; (2) service requirements are generally lower during the “shoulder” months of September through November; (3) pipelines and shippers were able to adjust nomination schedules; and (4) pipelines were able to make operational changes to meet firm service obligations, such as by rerouting flows and drawing upon storage volumes. The Commission took ad hoc steps at that time to collect information regarding the operational status of natural gas pipeline facilities, including informally requesting pipeline companies to report on all damaged facilities and service interruptions, and requesting industry groups, such as the Interstate Natural Gas Association of America (INGAA) and the American Gas Association (AGA), to report on the condition of infrastructure. 4 Homeland Security Presidential Directive (HSPD)-5, issued February 28, 2003, directed the Secretary of Homeland Security to develop a National Response Plan establishing a comprehensive all-hazards approach to enhance the ability of the United States to manage domestic incidents. The National Response Plan issued in December 2004 includes protocols to help protect and restore critical infrastructure and key resources. Further information is provided on Homeland Security Web site at http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0566.xml. 4. In order to encourage rapid restoration of service, the Commission took a number of actions, including temporarily raising cost limits and including mainline facilities within the definition of eligible facilities that may be constructed by natural gas companies under their part 157, subpart F blanket certificates; 5 granting waivers on a case-by-case basis 6 of the 120-day limit and other conditions in the part 284, subpart L emergency regulations; 7 and granting waivers of tariff provisions to allow delivery of gas at alternative points when the usual delivery points were out of service from hurricane damage. 8 5 Expediting Infrastructure Construction to Speed Hurricane Recovery, 113 FERC ¶ 61,169 (2005). On February 22, 2006, the Commission extended until February 28, 2007, the time by which blanket certificate facilities constructed pursuant to these waivers must be placed into service. 114 FERC ¶ 61,186 (2006). The Commission's regulations governing Part 157 blanket certificate activities are set forth at 18 CFR 157.201 et seq. (2005). 6 See, e.g., Discovery Gas Transmission, LLC, 113 FERC ¶ 61,025 (2005). 7 18 CFR 284.261 et seq. (2005). 8 Southern Natural Gas Company, 113 FERC ¶ 61,218 (2005). 5. As described above, the Commission has regulations in place and can grant appropriate waivers for natural gas companies to undertake necessary construction activities in crisis situations. However, the Commission's current reporting requirements are not adequate to permit a reliable “snapshot” of the natural gas infrastructure at any given time. 9 This inadequacy can be addressed by amending section 260.9 to require that jurisdictional companies report any damage to facilities that limits service through those facilities, regardless whether service can be maintained by rerouting gas supplies through other facilities or by other means. The approaching hurricane season or other events such an earthquake or terrorist attack could result in damage to essential natural gas facilities or make it necessary to evacuate the pipeline personnel essential to the operation of such facilities. The Commission needs to ensure that it will have adequate information to assess the status of the nation's gas infrastructure at any given time and communicate such information to other agencies, such as the U.S. Department of Energy and U.S. Department of Transportation. Accordingly, the Commission is proposing to revise its reporting requirements in section 260.9 of the regulations, as described below. 9 In particular, a pipeline is only required to make an annual report of its construction activities under the automatic provisions of the blanket certificate regulations in part 157, subpart F. Section 157.207 of the regulations requires that a pipeline file this annual report on or before May 1 of each year. See 18 CFR 157.207 (2005). Since June 1 is the official start of the hurricane season, almost an entire year can pass before a pipeline is required by section 157.207 to report construction activities in response to hurricane damage under its part 157 blanket certificate. Further, the information provided in these annual reports is not sufficient to determine whether a particular blanket certificate construction was undertaken due to damage to facilities resulting from a hurricane or other cause. In addition, while the emergency regulations in part 284, subpart, 18 CFR 284.261 et seq , require that the commencement of an emergency transportation, sale or exchange transaction be reported within 48 hours, the emergency regulations do not require the reporting of damage to facilities that may have made the emergency transaction necessary or reporting regarding facilities constructed to address the emergency. Thus, even if permanent authority to operate emergency facilities is later sought either under the temporary certificate provisions of section 157.17 or under the part 157 blanket certificate prior notice provisions, as suggested under the definition of “emergency facilities” in section 284.262, information regarding any damaged facilities may be inadequate or not known for some time. II. Summary of Proposed Regulations 6. Section 260.9(a) currently requires that natural gas companies report serious service interruptions. The proposed regulations would add a new requirement that natural gas companies report (1) damage to certificated natural gas facilities that results in loss of or reduction in service through such facilities, and (2) when service through such facilities has been restored. 7. Section 260.9(b) would be amended to remove the reference to “telegraph” and to require that natural gas companies make required reports of interruptions to service or damage to facilities by e-mail or, as currently provided for in section 260.9(b), facsimile transmission. 10 All reports shall be due at the earliest feasible time after an interruption of service or damage to pipeline facilities for which a report is required. 10 On May 27, 2005, the Commission issued a notice of proposed rulemaking in Docket No. RM05-12-000 which proposed, inter alia, to remove references to “telegraph” from section 260.9. See Modification of Natural Gas Reporting Regulations, 111 FERC ¶ 61,280 (2005). Adoption of this notice of proposed rulemaking's proposal to remove references to “telegraph” would supersede the proposal in Docket No. RM05-12-000 to revise section 260.9. 8. The information requirement of section 260.9(b) also would be revised to reflect the addition of the proposed new requirement that natural gas companies report damage to facilities and subsequently report when full service through such facilities has been restored. As revised, section 260.9(b) would require that a report of service interruption or damage to natural gas facilities state: (1) The location and cause of the service interruption or damage to pipeline or other certificated natural gas facilities; (2) The nature of any damage to natural gas facilities; (3) Specific identification of any natural gas facilities damaged; (4) The time the service interruption or damage to natural gas facilities occurred; (5) The customers affected by the service interruption or damage to natural gas facilities; (6) Emergency actions taken to maintain service; and (7) Company contact and telephone number. 9. Section 260.9(b) also would be revised to require that a company make a subsequent report stating when full service through damaged natural gas facilities has been restored. 10. Section 260.9(d) would be revised to change, from 20 days to 30 days following a service interruption or damage to facilities, the time within which a natural gas pipeline company must furnish to the Commission a copy of any incident report required by the U.S. Department of Transportation's reporting requirements under the Natural Gas Pipeline Safety Act of 1968. 11 This revision is proposed because the U.S. Department of Transportation provides up to 30 days for incident reports to be made. 11 49 U.S.C. 60101 et seq. 11. Section 260.9(e) currently requires that a company send copies of reports of service interruptions to state commissions. Section 260.9(e) would be revised by adding a new requirement that a company also must send state commissions copies of required reports of damage to facilities. III. Environmental Analysis 12. The Commission is required to prepare an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) for any action that may have a significant adverse effect on the human environment. 12 No environmental consideration is raised by the promulgation of a rule that is procedural in nature or does not substantially change the effect of legislation or regulations being amended. 13 12 Order No. 486, Regulations Implementing the National Environmental Policy Act, 52 FR 47897 (December 17, 1987), FERC Stats. & Regs. Preambles 1986-1990 ¶ 30,783 (1987). 13 18 CFR 380.4(a)(2)(ii) (2005). 13. The regulations proposed herein would make relatively minor changes to the type of information to be provided to the Commission by pipeline companies and the way in which it is provided, and would slightly alter the timeframe (by giving the companies more time) in which the copy of the incident report required to be filed with the U.S. Department of Transportation must be filed with the Commission. The modified procedures would not substantially change the regulatory requirements to which the pipeline companies are currently subject. Accordingly, preparation of an environmental document is not required. IV. Regulatory Flexibility Act Statement 14. The Regulatory Flexibility Act of 1980 (RFA) 14 generally requires a description and analysis of final rules that will have significant economic impact on a substantial number of small entities. The Commission is not required to make such an analysis if proposed regulations would not have such an effect. Under the industry standards used for the RFA, a natural gas pipeline company qualifies as “a small entity” if it has annual receipts of $6.5 million or less. 14 5 U.S.C. 601-612. 15. Most companies regulated by the Commission do not fall within the RFA's definition of a small entity. 15 Approximately 114 natural gas companies are potentially subject to the additional requirements proposed by this notice. For the year 2004 (the most recent year for which information is available), 32 of these companies had annual revenues of less than $6.5 million. Of these 32 companies, 23 were non-major gas companies. 15 5 U.S.C. 601(3), citing section 3 of the Small Business Act, 15 U.S.C. 623. Section 3 of the SBA defines a “small business concern” as a business which is independently owned and operated and which is not dominant in its field of operation. The Small Business Size Standards component of the North American Industry Classification System (NAICS) defines a small natural gas pipeline company as one that transports natural gas and whose annual receipts (total income plus cost of goods sold) did not exceed $6.5 million for the preceding year. 13 CFR 121.201. 16. As discussed above, section 260.9 of the regulations already requires natural gas companies to report serious service interruptions. Frequently, service interruptions are due to damage to facilities. Thus, the proposed new reporting requirements will only increase the number of reports that a company is required to file to the extent that damage to facilities does not result in a loss of or reduction in service. Further, the required information will already be known and identified by companies and can be submitted either by e-mail or facsimile. 17. In view of these considerations, the Commission hereby certifies that this notice's proposed amendments to the regulations, if promulgated, will not have a significant impact on a substantial number of small entities. V. Information Collection Statement 18. The Office of Management and Budget (OMB) regulations require that OMB approve certain reporting, record keeping, and public disclosure (collections of information) requirements imposed by federal agencies. 16 Pursuant to OMB regulations, the Commission is providing notice of its proposed information collection to OMB for review under section 3507(d) of the Paperwork Reduction Act of 1995 (PRA). 17 16 5 CFR 1320.11 (2005). 17 44 U.S.C. 3507(d) (2005). 19. As stated above, section 260.9 of the regulations already requires natural gas companies to report serious service interruptions. Frequently, service interruptions are due to damage to facilities. Thus, while the proposed new requirements will require reports of damage to facilities and subsequent reports of restoration of service, the proposed regulations will only increase the number of reports that a company is required to file to the extent that damage to facilities does not result in a loss of or reduction in service. 20. Further, information regarding damage to facilities will be readily ascertainable by companies and can be submitted either by e-mail or facsimile. The current provisions of section 260.9 provide for reports only by telegraph or facsimile. Telegraph is no longer a feasible option. Therefore, the proposed regulations require the companies to provide reports by facsimile or e-mail. Such electronic submission of information will reduce the number of data entry errors, permit Commission staff to conduct analysis in a timely manner, and provide for the storage of information on digital storage media. 21. Electronic filing saves time and resources for all parties since electronic filings require fewer personnel than paper filings by avoiding the need for paper processing and mailing. The integrity of the information should increase because jurisdictional entities and the Commission will be able to correct errors more promptly. 22. The Commission also expects that the requirements prescribed here will reduce the burden on the industry of reporting similar or identical information to multiple sources, since information collected by the Commission can be requested from the Commission by other agencies with a need for such information. For example, as discussed above, following Hurricanes Katrina and Rita, the Commission was called upon the U. S. Department of Energy for assistance in collecting energy infrastructure information in accordance with the National Response Plan. 23. FERC-576, “Report of Service Interruptions,” identifies the Commission's information collection relating to part 260, “Statements and Reports (Schedules),” of the regulations which apply to natural gas pipeline companies having facilities subject to the Commission's jurisdiction under the Natural Gas Act. The instant notice of proposed rulemaking would require natural gas pipeline companies to report damage to jurisdictional facilities and restoration of service, in addition to the service interruptions already required to be reported. The proposed regulations also would require a company to submit a copy of a damage report to the relevant state agency and to submit to the Commission any incident report required by the U.S. Department of Transportation pursuant to the Natural Gas Pipeline Safety Act of 1968. 18 18 49 U.S.C. Chapter 601. 23. Comments are solicited on the Commission's need for this information, whether the information will have practical utility, the accuracy of the burden estimates provided herein, ways to enhance the quality, utility and clarity of the information to be collected, and any suggested methods for minimizing respondents' burden, including the use of automated information technologies. 24. The proposed new reporting requirements require a company to (1) make a report of damage to facilities that results in a loss or reduction of service through those particular facilities; (2) send a copy of the damage report to the relevant state commission; (3) make a follow-up report when full service has been restored through the damaged facilities; and (4) submit a copy of any incident report required by the Department of Transportation's regulations. 25. The current provisions of section 260.9 allow for significantly damaged facilities to remain unreported when an interruption to service can be avoided. The Commission estimates that the new reporting requirements to fill this gap will result in 15 companies (respondents) being required to make at least one damage report. The Commission further estimates that the new reporting requirements will result in the submission of 35 damage reports. The Commission estimates that a company will need 75 minutes to prepare and submit a damage report; 15 minutes to submit a copy of the damage report to the relevant state commission; 15 minutes to prepare and submit a follow-up restoration of service report; and 15 minutes to submit a copy of a USDOT incident report. For purposes of preparing burden estimates for this rulemaking, the Commission treats all four of these requirements as one response, with the total time required being two hours. 26. In view of the above, the burden estimates for complying with the additional filing requirements of this rule pursuant to the procedures in proposed amended section 260.9 of the Commission's regulations are as set forth below: Data collection Number of respondents Number of responses Hours per response Total hours FERC-576 15 35 2 70 Total Annual Hours for Collection: 70. These are mandatory information collection requirements. Information Collection Costs: Because of the regional differences and the various staffing levels that will be involved in preparing the documentation (legal, technical and support) the Commission is using an hourly rate of $150 to estimate the costs for filing and other administrative processes (reviewing instructions, searching data sources, completing and transmitting the collection of information). The estimated cost is anticipated to be $10,500 (70 hours × $150). Title: FERC 576 “Report of Service Interruptions.” Action: Proposed Information Collection. OMB Control No.: 1902-0004. Respondents: Natural gas companies/business or other for-profit. Frequency of Responses: On occasion. Necessity of Information: The proposed amended regulation will revise the reporting requirements for service interruptions and damage to facilities involving natural gas pipeline facilities subject to the Federal Energy Regulatory Commission's jurisdiction. The information filed with the Commission informs it of serious pipeline service interruptions and also of damage to the nation's natural gas infrastructure. The proposed amendment would enhance this information by requiring filers to describe specifically which facilities have been damaged and how the damage occurred. Internal Review: The Commission has assured itself, by means of internal review, that there is specific, objective support for the burden estimates associated with this information requirement. The revisions will provide more complete, effective and useful information to the Commission without significantly increasing the burden to the regulated industry. 27. Interested persons may obtain information on the information requirements by contacting the following: The Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 (Attention: Michael Miller, Office of the Executive Director, Phone (202) 502-8415; FAX (202) 273-0873; e-mail Michael.miller@ferc.gov ). 28. For submitting comments concerning the collection of information and the associated burden estimate(s), including suggestions for reducing this burden, please send your comments to the contact listed above and to the Office of Management and Budget, Office of Administrative and Regulatory Affairs, Washington, DC 20503 (Attention: Desk Officer for the Federal Energy Regulatory Commission, Phone (202) 395-4650; FAX (202) 395-7285). VI. Comment Procedures 29. The Commission invites interested persons to submit comments on the matters and issues proposed in this notice to be adopted, including any related matters or alternative proposals that commenters may wish to discuss. Comments are due 30 days after publication of this notice of proposed rulemaking in the Federal Register . Comments must refer to Docket No. RM06-18-000, and must include the commenters' names, the organization they represent, if applicable, and their address in their comments. Comments may be filed either in electronic or paper format. The Commission encourages electronic filing. 30. Comments may be filed electronically via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing formats and commenters may attach additional files with supporting information in certain other file formats. Commenters filing electronically do not need to make a paper filing. Commenters unable to file comments electronically must send an original and 14 copies of their comments to: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street, NE., Washington, DC 20426. 31. All comments will be placed in our public files and may be viewed, printed, or downloaded remotely as described in the Document Availability section below. Commenters are not required to serve copies of their comments on other commenters. VII. Document Availability 32. In addition to publishing the full text of this document in the Federal Register , the Commission provides all interested persons an opportunity to view and print the contents of this document via the Internet through FERC's Home Page ( http://www.ferc.gov ) and in FERC's Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426. 33. From FERC's Home Page on the Internet, this information is available in the Commission's document management system, eLibrary. The full text of this document is available in eLibrary in PDF and Microsoft Word format for viewing, printing, and downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. 34. User assistance is available for eLibrary and the FERC's Web site during normal business hours from our Help line at (202) 502-8222 or the Public Reference Room at (202) 502-8371 Press 0, TTY (202) 502-8659. E-mail the Public Reference Room at public.referenceroom@ferc.gov. List of Subjects in 18 CFR Part 260 Natural gas, Reporting and recordkeeping requirements. By direction of the Commission. Magalie R. Salas, Secretary. In consideration of the foregoing, the Commission proposes to amend part 260 of Chapter I, Title 18, Code of Federal Regulations, as follows: PART 260—STATEMENTS AND REPORTS (SCHEDULES) 1. The authority citation for part 260 continues to read as follows: Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352. 2. Section 260.9 is amended by revising the section heading and paragraphs (a), (b), (d), and (e) to read as follows: § 260.9 Reports by natural gas pipeline companies on service interruptions and damage to facilities. (a) Every natural gas company must report to the Director, Division of Pipeline Certificates, at the earliest feasible time: (1) Damage to any pipeline or other natural gas facilities operated under certificate authorization from the Commission that results in loss of or reduction of service through those facilities; and (2) Serious interruptions of service to any shipper involving facilities operated under certificate authorization from the Commission. Such serious interruptions of service shall include interruptions of service to communities, major government installations and large industrial plants outside of communities or any other interruptions which are significant in the judgment of the pipeline company. Interruptible service interrupted in accordance with the provisions of filed tariffs, interruptions of service resulting from planned maintenance or construction and interruptions of service of less than three hours duration need not be reported. (b) Any report of service interruption or damage to facilities required by paragraph (a) of this section must be submitted by the natural gas company by e-mail to pipelineoutage@ferc.gov or by facsimile transmission to the Director, Division of Pipeline Certificates, Office of Energy Projects at FAX number (202) 208-2853. (1) Reports shall be made at the earliest feasible time after an interruption of service or damage to pipeline facilities for which a report is required, and must state: (i) The location and cause of the service interruption or damage to pipeline or other natural gas facilities; (ii) The nature of any damage to natural gas facilities; (iii) Specific identification of any facilities damaged; (iv) The time the service interruption or damage to facilities occurred; (v) The customers affected by the service interruption or damage to facilities; (vi) Emergency actions taken to maintain service; and (vii) Company contact and telephone number. (2) Following a report of damage to natural gas facilities resulting in loss of or reduction of service through those facilities, the natural gas company shall report to the Director, Division of Pipeline Certificates, at the earliest feasible time when full service has been restored. (d) Natural gas companies shall submit to the Director, Division of Pipeline Certificates, within 30 days of each interruption of service involving failure of facilities or of damage to any facilities on any part of the natural gas pipeline system operated under certificate authorization from the Commission a copy of any incident or damage reports required by Department of Transportation reporting requirements under the Natural Gas Pipeline Safety Act of 1968. (e) A copy of an e-mail or facsimile report pursuant to paragraph (b) of this section on interruption of service or damage to facilities must be sent to the State commission in those States where service has been or might be affected. [FR Doc. E6-9419 Filed 6-16-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP San Diego 06-025] RIN 1625-AA00 Safety Zone; Fireworks, Lower Colorado River, Laughlin, NV AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes to establish a temporary safety zone on the navigable waters of the Lower Colorado River, Laughlin, Nevada, in support of the Laughlin Independence Day fireworks display to be held near the AVI Resort and Casino. This temporary safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels and other vessels and users of the waterway. Persons and vessels will be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. DATES: Comments and related material must reach the Coast Guard on or before July 19, 2006. ADDRESSES: You may mail comments and related material to the Office of Waterways Management, U.S. Coast Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101-1028. The Office of Waterways Management, U.S. Coast Guard Sector San Diego 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 (COTP San Diego 06-025) and are available for inspection or copying at the Office of Waterways Management, Coast Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101-1028 between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Eric Carroll, USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619) 278-7277. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. If you do so, please include your name and address, identify the docket number for this rulemaking (COTP San Diego 06-025), 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 8 1/2 by 11 inches, suitable for copying. If you would like to know that your submission reached us, please enclose a stamped, 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 the Office of Waterway Management 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 AVI Resort and Casino is sponsoring the Independence Day Fireworks Display, which will be held in the vicinity of AVI Resort and Casino on the Lower Colorado River, Laughlin, Nevada. The fireworks will be fired from an anchored firing barge. The proposed safety zone will be set at a 980-foot radius around the anchored firing barge. This proposed temporary safety zone is necessary to provide for the safety of the show's crew, spectators, participants of the event, participating vessels and other vessels and users of the waterway. Discussion of Proposed Rule The Coast Guard proposes to establish one safety zone that will be enforced from 7:45 p.m. Mountain Standard Time (MST) through 9:45 p.m. (MST) on July 2, 2006. The event involves one anchored barge, which will be used as a platform for launching of fireworks. The safety zone is required because the barge's planned firing location is in the navigation channel. The limits of this temporary safety zone include all areas within 980 feet of the firing location adjacent to the AVI Resort and Casino centered in the navigational channel between Laughlin Bridge and the northwest point of the AVI Resort and Casino Cove in position: 35°00′45″ N, 114°38′16″ W. This safety zone is necessary to provide for the safety of the crews, spectators, and participants of the regatta and to protect other vessels and users of the waterway. Persons and vessels will be prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. U.S. Coast Guard personnel will enforce this safety zone. The Coast Guard may be assisted by other Federal, State, or local agencies, including the Coast Guard Auxiliary. Section 165.23 of Title 33, Code of Federal Regulations, prohibits any unauthorized person or vessel from entering or remaining in a safety zone. Regulatory Evaluation 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 this rule under that Order. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This determination is based on the size and location of the safety zone. The safety zone will be of a limited duration, and will be limited to a relatively small geographic area. The entities most likely to be affected are pleasure craft engaged in recreational activities and sightseeing. A Patrol Commander will be on-scene and will authorize recreational traffic to transit the safety zone if and when vessel movement is safe. 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 proposed rule would affect the following entities, some of which might be small entities: The owners or operators of pleasure craft engaged in recreational activities and sightseeing in a portion of the Lower Colorado River, Laughlin, Nevada in the vicinity of the AVI Resort and Casino from 7:45 p.m. to 9:45 p.m. (MST) on July 2, 2006. This safety zone would not have a significant economic impact on a substantial number of small entities for the following reasons: The proposed zone will be in effect for only two hours. The safety zone only encompasses a small portion of the waterway, and the Captain of the Port may authorize entry into the zone, if necessary. 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 proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Chief Petty Officer Eric Carroll, U.S. Coast Guard Sector San Diego at (619) 278-7277. 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 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 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 affect 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 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. We invite your comments on how this proposed rule might impact tribal governments, even if that impact may not constitute a “tribal implication” under the Order. 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 system 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 Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, 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 there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, we believe that this rule should be categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from further environmental documentation. Paragraph (34)(g) of the Instruction applies because this rule establishes a safety zone. A preliminary “Environmental Analysis Check List” is available in the docket where indicated under ADDRESSES . Comments on this section will be considered before we make the final decision on whether the rule should be categorically excluded from further environmental review. 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; 50 U.S.C. 191; 33 CFR 1.05-1(g), 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 temporary § 165.T11-096 to read as follows: § 165.T11-096 Safety Zone; Fireworks, Lower Colorado River, Laughlin, NV. (a) Location. The following area is a safety zone: All areas within 980 feet of the firing location adjacent to the AVI Resort and Casino centered in the navigational channel between Laughlin Bridge and the northwest point of the AVI Resort and Casino Cove in position 35°00′45″ N, 114°38′16″ W. (b) Effective Period. This section is effective from 7:45 p.m. (MST) through 9:45 p.m. (MST) on July 2, 2006. If the need for the safety zone ends before the scheduled termination time, the Captain of the Port will cease enforcement of this safety zone. (c) Regulations. In accordance with the general regulations in § 165.23 of this part, entry into, transit through, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port San Diego or his designated on-scene representative. Mariners requesting permission to transit through the safety zone may request authorization to do so from the Patrol Commander (PATCOM). The Patrol Commander may be contacted on VHF-FM Channel 16. (d) Enforcement. All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene patrol personnel. Patrol personnel can be comprised of commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels. Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. The Coast Guard may be assisted by other federal, state, or local agencies. Dated: May 31, 2006. C.V. Strangfeld, Captain, U.S. Coast Guard, Captain of the Port, Sector San Diego. [FR Doc. E6-9588 Filed 6-16-06; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R10-OAR-2006-0316; FRL-8175-8] Approval and Promulgation of Air Quality Implementation Plans; Medford-Ashland PM10 Attainment Plan, Maintenance Plan and Redesignation Request AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve a PM10 State Implementation Plan (SIP) attainment plan and maintenance plan for the Medford-Ashland, Oregon nonattainment area (Medford-Ashland NAA) and to redesignate the area from nonattattainment to attainment for PM10. In addition, EPA is proposing to approve revisions to Oregon's statewide industrial source rules for new and modified major industrial sources of PM10 and revisions to the area-specific industrial source rules that apply in the Medford-Ashland NAA. EPA is proposing to approve the SIP revision and redesignation request because the State adequately demonstrates that the control measures being implemented in the Medford-Ashland nonattainment area result in attainment and maintenance of the PM10 National Ambient Air Quality Standards and all other requirements of the Clean Air Act for redesignation to attainment are met. DATES: Comments must be received on or before July 19, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-OAR-2006-0316, by one of the following methods: • Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Gina Bonifacino, Office of Air, Waste and Toxics, AWT-107 EPA, Region 10, 1200 Sixth Ave., Seattle, Washington 98101. • Hand Delivery: EPA, Region 10 Mail Room, 9th Floor, 1200 Sixth Ave., Seattle, Washington 98101. Attention: Gina Bonifacino, Office of Air, Waste and Toxics, OAWT-107. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Gina Bonifacino at telephone number: (206) 553-2970, e-mail address: bonifacino.gina@epa.gov, fax number: (206) 553-0110, or the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: For further information, please see the direct final action, of the same title, which is located in the Rules section of this Federal Register . EPA is approving the State's SIP revision as a direct final rule without prior proposal because EPA views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. Dated: May 16, 2006. L. Michael Bogert, Regional Administrator, Region 10. [FR Doc. 06-5507 Filed 6-16-06; 8:45 am]