71540 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 

Office. The AMOC approval letter must 

specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(i) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency (EASA) 

Airworthiness Directive 2010–0013, dated 

January 26, 2010; and Airbus Mandatory 

Service Bulletin A340–28–5050, dated 

October 8, 2009; for related information. 

Material Incorporated by Reference 

(j) You must use Airbus Mandatory Service 

Bulletin A340–28–5050, including Appendix 

1, dated October 8, 2009, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus SAS—Airworthiness 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80; e-mail 

airworthiness.A330–A340@airbus.com; 

Internet http://www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/ibr_locations.

html. 

Issued in Renton, Washington, on 

November 2, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–28591 Filed 11–23–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1137; Directorate 

Identifier 2010–SW–079–AD; Amendment 

39–16523; AD 2010–19–51] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada Model 222, 

222B, 222U, 230, and 430 Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting Airworthiness Directive (AD) 

2010–19–51, which was sent previously 

to all known U.S. owners and operators 

of the specified model Bell Helicopter 

Textron Canada (Bell) helicopters by 

individual letters. This AD requires 

inspecting parts of the main rotor 

hydraulic servo actuator (servo actuator) 

for certain conditions and replacing any 

unairworthy parts before further flight. 

This AD is prompted by a collective 

servo actuator malfunction and a 

subsequent investigation that revealed 

the output piston rod assembly (piston 

rod) had fractured at the threaded end 

because of stress corrosion cracking. 

Also, during the investigation of that 

servo actuator malfunction, a 

nonconforming grind relief was 

discovered on a separate piston rod. The 

actions specified by this AD are 

intended to detect corrosion or a 

nonconforming piston rod that, if not 

detected and corrected, could result in 

failure of the piston rod, failure of the 

servo actuator, and subsequent loss of 

control of the helicopter. 

DATES: Effective December 9, 2010, to all 

persons except those persons to whom 

it was made immediately effective by 

Emergency AD 2010–19–51, issued on 

August 31, 2010, which contained the 

requirements of this amendment. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of December 

9, 2010. 

Comments for inclusion in the Rules 

Docket must be received on or before 

January 24, 2011. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

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

through Friday, except Federal holidays. 

You may get the service information 

identified in this AD from Bell 

Helicopter Textron Canada, 12,800 Rue 

de l’Avenir, Mirabel, Quebec J7J1R4, 

telephone (450) 437–2862 or (800) 363– 

8023, fax (450) 433–0272, or at http:// 

www.bellcustomer.com/files/. 

Examining the Docket: You may 

examine the docket that contains the 

AD, any comments, and other 

information on the Internet at http:// 

www.regulations.gov, or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The Docket 

Operations office (telephone (800) 647– 

5527) is located in Room W12–140 on 

the ground floor of the West Building at 

the street address stated in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: J.R. 

Holton, Jr., Aviation Safety Engineer, 

Rotorcraft Directorate, Safety 

Management Group, 2601 Meacham 

Blvd., Fort Worth, Texas 76137, 

telephone (817) 222–4964, fax (817) 

222–5961. 

SUPPLEMENTARY INFORMATION: On August 

31, 2010, the FAA issued Emergency AD 

2010–19–51 for the specified model 

helicopters, which requires inspecting 

parts of the servo actuator for certain 

conditions and replacing any 

unairworthy parts before further flight. 

That action was prompted by a 

collective servo actuator malfunction 

and a subsequent investigation that 

revealed the output piston rod assembly 

(piston rod) had fractured at the 

threaded end because of stress corrosion 

cracking. Also, during the investigation 

of that servo actuator malfunction, a 

nonconforming grind relief was 

discovered on a separate piston rod. 

This condition, if not detected and 

corrected, could result in failure of the 

piston rod, failure of the servo actuator, 

and subsequent loss of control of the 

helicopter. 

Transport Canada, the airworthiness 

authority for Canada, has issued 

Canadian AD No. CF–2010–29, dated 

August 26, 2010 to correct an unsafe 


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Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 71541 

condition for the Bell Model 222, 222B, 

222U, 230, and 430 helicopters. 

Transport Canada advises that it has 

been determined that the piston rods of 

the servo actuators ‘‘may be corroded 

and, consequently, prone for corrosion 

cracking.’’ Also, in one case, ‘‘an 

unapproved repair was found on the 

piston rod.’’ This situation, if not 

corrected, could result in loss of control 

of the helicopter. 

Bell has issued Alert Service Bulletin 

(ASB) No. 222–10–109 for the Model 

222 and 222B helicopters, ASB No. 

222U–10–80 for the Model 222U 

helicopters, ASB No. 230–10–41 for the 

Model 230 helicopters, and ASB No. 

430–10–44 for the Model 430 

helicopters. Each ASB is dated August 

18, 2010, and specifies a one-time 

inspection of all affected servo actuators 

to verify the condition of the piston rod. 

Woodward HRT also issued ASB No. 

141600–67–02, dated August 18, 2010, 

attached to each Bell ASB, which 

specifies inspecting the piston rod for 

corrosion and nonconforming grind 

relief. It also contains instructions for 

reworking and reassembling the unit for 

operation. Transport Canada classified 

the ASBs as mandatory and issued AD 

No. CF–2010–29, dated August 26, 

2010, to ensure the continued 

airworthiness of these helicopters. 

This AD differs from the Transport 

Canada AD in that we require the initial 

inspection before further flight rather 

than no later than 5 hours air time upon 

receiving the AD. Also, this AD requires 

replacing unairworthy parts with 

airworthy parts if certain conditions are 

found and this AD does not add a life 

limit for the servo actuator rod. Also, 

this AD does not require a one time 

rectification and a complete overhaul of 

the servo actuator after the initial 

inspection. This AD is an interim 

action. 

These helicopters have been approved 

by the aviation authority of Canada and 

are approved for operation in the United 

States. Pursuant to our bilateral 

agreement with Canada, they have 

notified us of the unsafe condition 

described in the Transport Canada AD. 

We are issuing this AD because we 

evaluated all information provided by 

Transport Canada and determined the 

unsafe condition exists and is likely to 

exist or develop on other helicopters of 

these same type designs. Therefore, this 

AD requires, before further flight: 

• Disassembling the actuator to gain 

access to the piston rod. 

• Cleaning the entire piston rod and 

nut using Acetone and a nylon bristle 

brush removing all contaminates to 

allow for inspection. 

• Inspecting the grind relief 

configuration for the piston rod and nut. 

If the grind relief is unacceptable, 

replacing the piston rod and the nut 

with airworthy parts. 

• Using a 10x or higher magnifying 

glass, visually inspecting the nut for 

corrosion or damage to the threads. If 

you find any corrosion or damage to the 

threads, replacing the nut with an 

airworthy nut. 

• Using a 10x or higher magnifying 

glass, visually inspecting the piston rod 

for any corrosion, visible lack of 

cadmium plate (gold or grey color), or 

damage to the piston rod. If you find 

any corrosion, visible lack of cadmium 

plate (gold or grey color), or damage to 

the piston rod in the ‘‘Critical Areas,’’ 

replacing the piston rod with an 

airworthy piston rod. 

• If you find any corrosion or visible 

lack of cadmium plate on the piston rod 

in areas that are not considered ‘‘Critical 

Areas,’’ reworking the piston rod by 

removing any surface corrosion that has 

not penetrated into the base material by 

lightly buffing with scotch-brite. 

Cleaning the part using Acetone and a 

nylon bristle brush to remove any 

residue. 

• If you find any corrosion that is red 

or orange in color, magnetic particle 

inspecting the piston rod for a crack. If 

you find a crack, replacing the piston 

rod with an airworthy piston rod. 

• Inspecting the portion of the piston 

rod for any bare base metal that is not 

coated with cadmium plate. If you find 

any bare base metal on the piston rod 

in this area, reworking the piston rod by 

applying brush cadmium plating to all 

bare and reworked areas. 

• Reassembling the servo actuator. 

• After reassembling the servo 

actuator, marking it with the letter ‘‘B’’ 

following the serial number on the name 

plate using a scribe or vibrating stylus. 

• Performing a hydraulic system check. 

These actions must be accomplished 

by following specified portions of the 

ASBs described previously. 

The short compliance time involved 

is required because the previously 

described critical unsafe condition can 

adversely affect the structural integrity 

and controllability of the helicopter. 

Therefore, inspecting parts of the servo 

actuator for certain conditions and 

replacing any unairworthy parts are 

required before further flight, and this 

AD must be issued immediately. 

Since it was found that immediate 

corrective action was required, notice 

and opportunity for prior public 

comment thereon were impracticable 

and contrary to the public interest, and 

good cause existed to make the AD 

effective immediately by individual 

letters issued on August 31, 2010 to all 

known U.S. owners and operators of 

Bell Helicopter Textron Canada Model 

222, 222B, 222U, 230, and 430 

helicopters. These conditions still exist, 

and the AD is hereby published in the 

Federal Register as an amendment to 14 

CFR 39.13 to make it effective to all 

persons. However, we have made a 

change to Note 1 of this AD, and we 

have also clarified that we are not 

adopting a reduced life limit for the 

piston rod assembly. We have 

determined that these changes will 

neither increase the economic burden 

on any operator nor increase the scope 

of the AD. 

We estimate that this AD will affect 

146 helicopters of U.S. registry. There 

are three servo actuators per helicopter. 

For a servo actuator that is inspected 

and does not require rework or repair, 

removing each servo actuator, 

performing the inspections, and reinstalling it will take approximately four 

work hours at an average labor rate of 

$85 per hour. For a servo actuator that 

is inspected and requires a servo 

actuator rod to be replaced, removing 

each servo actuator, performing the 

inspections, and re-installing an 

airworthy servo actuator rod will also 

take approximately four work hours. 

Each replacement servo actuator rod is 

estimated to cost $9,000. Based on these 

figures, we assume that the total cost 

impact of the AD on U.S. operators will 

be $289,020, assuming 10% of the fleet 

(15 helicopters) will need to replace one 

servo actuator rod per helicopter. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

written data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2010–1137; 

Directorate Identifier 2010–SW–079– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of our docket Web site, 


jlentini on DSKJ8SOYB1PROD with RULES
71542 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

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 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 an economic evaluation 

of the estimated costs to comply with 

this AD. See the AD docket to examine 

the economic evaluation. 

Authority for this Rulemaking 

Title 49 of the United States Code 

specifies the 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 the 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows: 

2010–19–51 Bell Helicopter Textron 

Canada: Amendment 39–16523. Docket 

No. FAA–2010–1137; Directorate 

Identifier 2010–SW–079–AD. 

Applicability: Model 222, 222B, 222U, 230, 

and 430 helicopters, with an installed main 

rotor hydraulic servo actuator, part number 

222–382–001–107 (servo actuator), 

manufactured by Woodward HRT, 

certificated in any category. 

Compliance: Before further flight, unless 

accomplished previously. To detect corrosion 

or a nonconforming grind relief on the output 

piston rod assembly (piston rod), to prevent 

failure of the piston rod, failure of the servo 

actuator, and subsequent loss of control of 

the helicopter, do the following: 

(a) Disassemble the actuator to gain access 

to the piston rod as shown in Figures 1 

through 5 and by following the 

Accomplishment Instructions, paragraph 

3.A., Part I., of Woodward HRT Alert Service 

Bulletin No. 141600–67–02, dated August 18, 

2010 (Woodward ASB). 

Note 1: Bell Helicopter Textron Canada 

(Bell) Alert Service Bulletin (ASB) No. 222– 

10–109 for the Models 222 and 222B, ASB 

No. 222U–10–80 for the Model 222U, ASB 

No. 230–10–41 for the Model 230, and ASB 

No. 430–10–44 for the Model 430 helicopters, 

all ASBs dated August 18, 2010, which are 

not incorporated by reference, contain 

additional information about the subject of 

this AD. 

(b) Clean the entire piston rod and nut 

using Acetone and a nylon bristle brush 

removing all contaminates to allow for 

inspection. Inspect the grind relief 

configuration for the piston rod and nut as 

shown in Figure 6 of the Woodward ASB. If 

the grind relief is unacceptable as shown in 

Figure 6, replace the piston rod and the nut 

with airworthy parts. 

(c) Using a 10x or higher magnifying glass, 

visually inspect the nut for any corrosion or 

any damage to the threads. If you find any 

corrosion or any damage to the threads, 

replace the nut with an airworthy nut. 

(d) Using a 10x or higher magnifying glass, 

visually inspect the piston rod as shown in 

Figure 7 of the Woodward ASB for any 

corrosion, visible lack of cadmium plate 

(gold or grey color), or damage to the piston 

rod. 

Note 2: For the purposes of this AD, 

damage to the piston rod is defined as 

pitting, a visible scratch, a crack, or a visible 

abrasion. 

(1) If you find any corrosion or visible lack 

of cadmium plate or any damage to the 

piston rod in the ‘‘Critical Areas,’’ replace the 

piston rod with an airworthy piston rod. 

(2) If you find any corrosion or visible lack 

of cadmium plate on the piston rod in areas 

that are not considered ‘‘Critical Areas,’’ 

rework the piston rod by removing any 

surface corrosion that has not penetrated into 

the base material by lightly buffing with 

scotch-brite. Clean the part using Acetone 

and a nylon bristle brush to remove any 

residue. 

(3) If you find any corrosion that is red or 

orange in color, magnetic particle inspect the 

piston rod for a crack. If you find a crack, 

replace the piston rod with an airworthy 

piston rod. 

(e) Inspect the portion of the piston rod for 

any bare base metal, as shown in Figure 7 of 

the Woodward ASB, which is coated with 

cadmium plate. If you find any bare base 

metal on the piston rod in this area, rework 

the piston rod by applying brush cadmium 

plating to all bare and reworked areas by 

following the Accomplishment Instructions, 

paragraph B., Part II, 4.5. and paragraph C., 

Part III, C.1.1.1. through C.1.1.3., of the 

Woodward ASB, except we are not adopting 

the life limit for the piston rod assembly as 

stated in paragraph B, Part II, 4.5. 

(f) Reassemble the servo actuator by 

following the Accomplishment Instructions, 

paragraph C, Part III, 1.1.4. through 3.3.4. of 

the Woodward ASB. 

(g) After reassembling the servo actuator, 

mark it with the letter ‘‘B’’ following the serial 

number on the name plate using a scribe or 

vibrating stylus. 

(h) Perform a hydraulic system check. 

(i) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Safety 

Management Group, FAA, ATTN: J. R. 

Holton, Jr., Aviation Safety Engineer, 

Rotorcraft Directorate, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone (817) 

222–4964, fax (817) 222–5961, for 

information about previously approved 

alternative methods of compliance. 

(j) The Joint Aircraft System/Component 

(JASC) Code is 6730: Rotorcraft Servo 

System. 

(k) The actions shall be done in accordance 

with the specified portions of Woodward 

HRT Alert Service Bulletin No. 141600–67– 

02, dated August 18, 2010. The Director of 

the Federal Register approved this 

incorporation by reference in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Copies may be obtained from Bell Helicopter 

Textron Canada, 12,800 Rue de l’Avenir, 

Mirabel, Quebec J7J1R4, telephone (450) 

437–2862 or (800) 363–8023, fax (450) 433– 

0272, or at http://www.bellcustomer.com/ 

files/. Copies may be inspected at the FAA, 

Office of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 663, Fort 

Worth, Texas or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. (l) This amendment 

becomes effective on December 9, 2010, to all 

persons except those persons to whom it was 


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made immediately effective by Emergency 

AD 2010–19–51, issued August 31, 2010, 

which contained the requirements of this 

amendment. 

Note 3: The subject of this AD is addressed 

in Transport Canada AD No. CF–2010–29, 

dated August 26, 2010. 

Issued in Fort Worth, Texas, on November 

9, 2010. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–29199 Filed 11–23–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0999] 

RIN 1625–AA00 

Safety Zone; Gulf Intracoastal 

Waterway, Mile Marker 49.0 to 50.0, 

west of Harvey Locks, Bank to Bank, 

Bayou Blue Pontoon Bridge, Lafourche 

Parish, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Gulf Intracoastal Waterway 

extending from Mile Marker 49.0 to 

Mile Marker 50.0, bank to bank, West of 

Harvey Locks, Lafourche Parish, LA. 

This Safety Zone is needed to protect 

the general public, vessels, and tows 

from destruction, loss, or injury due to 

repairs of the Bayou Blue Pontoon 

Bridge and associated hazards. 

DATES: This rule is effective in the CFR 

on November 24, 2010 through February 

28, 2011. This rule is effective with 

actual notice for purposes of 

enforcement on October 28, 2010. This 

rule will remain in effect until February 

28, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0999 and are available online by going 

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

USCG–2010–0999 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Lieutenant Junior 

Grade (LTJG) Barron Lacy, Coast Guard; 

telephone 985–857–8507 ext. 232, 

e-mail Barron.K.Lacy@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

publishing a NPRM would be 

impracticable, as immediate action is 

needed to protect the general public, 

vessel and tows from hazards associated 

with the repairs of the Bayou Blue 

Pontoon Bridge, Mile Marker 49.8, Gulf 

Intracoastal Waterway, West of Harvey 

Locks. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Publishing a NPRM and 

delaying its effective date would be 

impracticable, as immediate action is 

needed to protect the general public, 

vessel and tows from hazards associated 

with the repairs of the Bayou Blue 

Pontoon Bridge, Mile Marker 49.8, Gulf 

Intracoastal Waterway, West of Harvey 

Locks. 

Background and Purpose 

The Bayou Blue Pontoon Bridge on 

State Route 316 across the Gulf 

Intracoastal Waterway, Mile 49.8 West 

of Harvey Lock, near Bourg, Louisiana 

has been severely damaged as the result 

of a vessel allision. The pontoon barge 

has been secured along the north side of 

the waterway and protrudes 

approximately 30 feet into the 

navigational channel. Most of the fender 

system has been destroyed or has been 

seriously damaged. As a result, the 

bridge must be repaired, and the Coast 

Guard is establishing a safety zone to 

ensure the safety of persons and vessels 

due to the hazards during this time. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary Safety Zone in the Gulf 

Intracoastal Waterway from Mile Marker 

49.0 to 50.0, bank to bank, West of 

Harvey locks. The temporary Safety 

Zone will continue from November 1, 

2010 through February 28, 2011. Vessels 

and tows may not enter this zone unless 

authorized by the Captain of the Port 

Morgan City. 

In order to facilitate repairs, the 

following waterway closure schedule 

will be implemented Mondays through 

Fridays beginning November 1, 2010 

and continuing through the end of 

February, 2011, at the following times: 

6 a.m. to 10:30 a.m.—Complete 

closure with the exception of small tows 

less than 40 feet wide and small boats. 

10:30 a.m. to 1:30 p.m.—Open to all 

tows with eastbound traffic allowed to 

transit first, followed by westbound 

traffic. 

1:30 p.m. to 6 p.m.—Complete closure 

with the exception of small tows less 

than 40 feet and small boats. Outside of 

the above closure times and on 

weekends, mariners will be able to 

transit through the work zone 

unrestricted. Additionally, no waterway 

restrictions will occur during the 

following holidays: Thanksgiving 

holidays (November 25 through 28, 

2010); Christmas Holidays (December 24 

through 26, 2010) and New Year’s 

Holidays (December 31, 2010 through 

January 2, 2011). Diving operations will 

be conducted throughout the repair 

operation. All mariners are to contact 

the bridge on VHF–FM Channel 13 or at 

telephone 985–857–3666 in advance of 

arriving at the bridge for clearance and 

passing instructions. Mariners may also 

contact the attendant tug, M/V MISS 

DIXIE on VHF–FM Channel 13. Once 

cleared for passage, mariners should 

exercise extreme caution and transiting 

through the bridge at slowest safe speed. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

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

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 


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