Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations 22319 

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 Kansas City, Missouri on April 

13, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–9429 Filed 4–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1309; Directorate 

Identifier 2010–NM–060–AD; Amendment 

39–16662; AD 2011–08–12] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–300, A340–200, and A340–300 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Surface defects were visually detected on 

the rudder of one Airbus A319 and one A321 

in-service aeroplane. Investigation has 

determined that the defects reported on both 

rudders corresponded to areas that had been 

reworked in production. The investigation 

confirmed that the defects were the result of 

de-bonding between the skin and honeycomb 

core. Such reworks were also performed on 

some rudders fitted on A330–300 and A340– 

200/–300 aeroplanes. 

An extended de-bonding, if not detected 

and corrected, may degrade the structural 

integrity of the rudder. The loss of the rudder 

leads to degradation of the handling qualities 

and reduces the controllability of the 

aeroplane. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

26, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of May 26, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1138; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on January 13, 2011 (76 FR 

2284). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Surface defects were visually detected on 

the rudder of one Airbus A319 and one A321 

in-service aeroplane. Investigation has 

determined that the defects reported on both 

rudders corresponded to areas that had been 

reworked in production. The investigation 

confirmed that the defects were the result of 

de-bonding between the skin and honeycomb 

core. Such reworks were also performed on 

some rudders fitted on A330–300 and A340– 

200/–300 aeroplanes. 

An extended de-bonding, if not detected 

and corrected, may degrade the structural 

integrity of the rudder. The loss of the rudder 

leads to degradation of the handling qualities 

and reduces the controllability of the 

aeroplane. 

EASA AD 2009–0156 required inspections 

of specific areas and, depending on findings, 

the application of corrective actions for those 

rudders where production reworks have been 

identified. 

This AD retains the requirements of EASA 

AD 2009–0156, which is superseded, and in 

addition requires for the vacuum loss hole 

restoration: 

—A local ultrasonic inspection for reinforced 

area instead of the local thermography 

inspection, which is maintained for nonreinforced areas, and 

—An additional work for aeroplanes on 

which this thermography inspection has 

been performed in the reinforced area. 

The inspections include vacuum loss 

inspections and repetitive elasticity 

laminate checker inspections for defects 

including de-bonding between the skin 

and honeycomb core of the rudder, and 

ultrasonic inspections for defects on 

rudders on which temporary restoration 

with resin or permanent vacuum loss 

hole restoration has been performed. 

The corrective action is repair, if 

necessary. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This 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 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 required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a NOTE within the AD. 

Costs of Compliance 

Currently, there are no affected 

airplanes on the U.S. Register. However, 

if an affected airplane is imported and 

placed on the U.S. Register in the future, 

the required actions would take about 

21 work hours, at an average labor rate 

of $85 per work hour. Based on these 

figures, we estimate the cost of this AD 

to be $1,785 per airplane. 

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 

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22320 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We 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 this AD: 

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 AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket 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 AD docket 

contains the NPRM, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is 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, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2011–08–12 Airbus: Amendment 39–16662. 

Docket No. FAA–2010–1309; Directorate 

Identifier 2010–NM–060–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 26, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A330– 

301, –302, –303, –321, –322, –323, –341, 

–342, and –343 airplanes, Model A340–211, 

–212, and –213 airplanes; and Model A340– 

311, –312, and –313 airplanes; all 

manufacturer serial numbers; certificated in 

any category; equipped with carbon fiber 

reinforced plastic rudders having part 

numbers and serial numbers listed in table 1 

of this AD. 

TABLE 1—AFFECTED RUDDERS

Rudder Part No. Rudder 

Serial No. 

F554–70000–000–00 .............. TS–2013 

F554–70000–000–00 .............. TS–2015 

F554–70000–000–00 .............. TS–2016 

F554–70000–000–00 .............. TS–2017 

F554–70000–000–00 .............. TS–2018 

F554–70000–000–00 .............. TS–2020 

F554–70000–000–00 .............. TS–2021 

F554–70000–000–00 .............. TS–2024 

F554–70000–000–00 .............. TS–2026 

F554–70000–000–00 .............. TS–2035 

F554–70000–000–00 .............. TS–2036 

F554–70000–000–00 .............. TS–2040 

F554–70000–000–00 .............. TS–2042 

F554–70000–000–00 .............. TS–2055 

F554–70000–000–00 .............. TS–2056 

F554–70000–000–00 .............. TS–2058 

F554–70000–000–00 .............. TS–2059 

F554–70000–000–00 .............. TS–2061 

F554–70000–000–00 .............. TS–2062 

F554–70000–000–00 .............. TS–2063 

F554–70000–000–00 .............. TS–2065 

F554–70000–002–00 .............. TS–2074 

F554–71000–000–00 .............. TS–3003 

F554–71000–000–00 .............. TS–3004 

F554–71000–000–00 .............. TS–3005 

F554–71000–000–00 .............. TS–3006 

F554–71000–000–00 .............. TS–3007 

F554–71000–000–00 .............. TS–3008 

F554–71000–000–00 .............. TS–3011 

F554–71000–000–00 .............. TS–3015 

F554–71000–000–00 .............. TS–3033 

F554–71000–000–00 .............. TS–3061 

F554–71000–000–00 .............. TS–3064 

F554–71000–000–00 .............. TS–3066 

F554–71000–000–00 .............. TS–3071 

F554–71000–000–00 .............. TS–3072 

F554–71000–000–00 .............. TS–3075 

F554–71000–000–00 .............. TS–3079 

F554–71000–000–00 .............. TS–3084 

F554–71000–000–00 .............. TS–3087 

F554–70005–000–00 .............. TS–3100 

F554–70005–000–00 .............. TS–3106 

F554–70005–000–00 .............. TS–3107 

F554–70005–000–00 .............. TS–3119 

F554–70005–000–00 .............. TS–3124 

Subject 

(d) Air Transport Association (ATA) of 

America Code 55: Stabilizers. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Surface defects were visually detected on 

the rudder of one Airbus A319 and one A321 

in-service aeroplane. Investigation has 

determined that the defects reported on both 

rudders corresponded to areas that had been 

reworked in production. The investigation 

confirmed that the defects were the result of 

de-bonding between the skin and honeycomb 

core. Such reworks were also performed on 

some rudders fitted on A330–300 and A340– 

200/–300 aeroplanes. 

An extended de-bonding, if not detected 

and corrected, may degrade the structural 

integrity of the rudder. The loss of the rudder 

leads to degradation of the handling qualities 

and reduces the controllability of the 

aeroplane. 

* * * * * 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Do the actions required by paragraphs 

(g)(1) through (g)(8) of this AD, in accordance 

with the Instructions of Airbus All Operators 

Telex (AOT) A330–55A3040 or A340– 

55A4036, both Revision 02, both dated 

September 30, 2009, as applicable. 

(1) In the reinforced location of the rudder: 

Within 1,800 flight hours after the rudder has 

accumulated 13,000 total flight cycles since 

first installation, or within 1,800 flight hours 

after the effective date of this AD, whichever 

is later, do a vacuum loss inspection to detect 

defects, including de-bonding between the 

skin and honeycomb core of the rudder. 

(2) In the trailing edge location of the 

rudder: Within 21 months after the rudder 

has accumulated 13,000 total flight cycles 

since first installation, or within 21 months 

after the effective date of this AD, whichever 

is later, do an elasticity laminate checker 

inspection to detect defects, including debonding between the skin and honeycomb 

core of the rudder. If no defects are found, 

repeat the inspection two times at intervals 

not to exceed 4,500 flight cycles, but not 

fewer than 4,000 flight cycles from the most 

recent inspection. 

(3) In locations other than those identified 

in paragraphs (g)(1) and (g)(2) of this AD (e.g., 

lower rib, upper edge, leading edge, and 

other locations): Within 1,800 flight hours 

after the rudder has accumulated 13,000 total 

flight cycles since first installation, or within 

1,800 flight hours after the effective date of 

this AD, whichever is later, do an elasticity 

laminate checker inspection to detect defects, 

including de-bonding between the skin and 

honeycomb core of the rudder. Repeat the 

inspection thereafter at intervals not to 

exceed 1,800 flight hours. 

(4) If no defects are found during any 

inspection required by paragraph (g)(3) of 

this AD: Within 21 months after the rudder 

has accumulated 13,000 total flight cycles 

since first installation, or within 21 months 

after the effective date of this AD, whichever 

is later, do a vacuum loss inspection on the 

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Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations 22321 

other locations (e.g., lower rib, upper edge, 

leading edge, and other locations) to detect 

defects, including de-bonding between the 

skin and honeycomb core of the rudder. 

(5) Accomplishment of the inspection 

required by paragraph (g)(4) of this AD 

terminates the initial and repetitive 

inspections required by paragraph (g)(3) of 

this AD. 

(6) If any defect is found during any 

inspection required by this AD, before further 

flight, repair using a method approved by 

either the Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA; or the European Aviation Safety 

Agency Airworthiness (EASA) (or its 

delegated agent). 

(7) If no defects are found during any 

inspection required by paragraphs (g)(1) and 

(g)(4) of this AD, before further flight, restore 

the vacuum loss holes by doing a temporary 

restoration with self-adhesive patches, a 

temporary restoration with resin, or a 

permanent restoration. Do the applicable 

actions specified in paragraph (g)(7)(i) or 

(g)(7)(ii) of this AD. 

(i) For airplanes on which a temporary 

restoration with patch is done: Within 900 

flight hours after the restoration, do a 

detailed inspection for defects of the restored 

area and repeat the inspection thereafter at 

intervals not to exceed 900 flight hours until 

the permanent restoration is done. Do the 

permanent restoration within 21 months after 

the temporary restoration. 

(ii) For airplanes on which a temporary 

restoration with resin is done: Within 21 

months after doing the temporary restoration, 

do the permanent restoration. 

(8) If any defect is found during any initial 

inspection required by paragraphs (g)(1), 

(g)(3), and (g)(4) of this AD, at the applicable 

time in paragraph (g)(8)(i) or (g)(8)(ii) of this 

AD: Report the inspection results to Airbus 

SAS, SEER1/SEER2/SEER3, Customer 

Services, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; fax +33 (0) 5 

61 93 28 73; or e-mail to 

region1.StructureRepairSupport@airbus.com, 

region2.StructureRepairSupport@airbus.com, 

or 

region3.StructureRepairSupport@airbus.com. 

(i) Inspections done before the effective 

date of this AD: Within 30 days after the 

effective date of this AD. 

(ii) Inspections done on or after the 

effective date of this AD: Within 30 days after 

accomplishment of the inspection. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(h) Actions accomplished before the 

effective date of this AD in accordance with 

the service information identified in table 2 

of this AD, are considered acceptable for 

compliance with the corresponding actions 

specified in paragraphs (g)(1) through (g)(5) 

and paragraph (g)(7) of this AD for only the 

areas inspected. For all areas, the repetitive 

inspections required by this AD remain 

applicable. 

TABLE 2—CREDIT SERVICE INFORMATION

Document Revision Date 

Airbus AOT A330–55A3040 .................................................... Original .................................................................................... May 27, 2009. 

Airbus AOT A330–55A3040 .................................................... 01 ............................................................................................ July 8, 2009. 

Airbus AOT A340–55A4036 .................................................... Original .................................................................................... May 27, 2009. 

Airbus AOT A340–55A4036 .................................................... 01 ............................................................................................ July 8, 2009. 

(i) For rudders on which temporary 

vacuum loss hole restoration with resin or 

permanent vacuum loss hole restoration has 

been done, as required by paragraph (g)(7) of 

this AD, in accordance with the applicable 

AOT in table 2 of this AD before the effective 

date of this AD: Within 21 months after the 

restoration date, or within 3 months after the 

effective date of this AD, whichever occurs 

later, do an ultrasonic inspection for defects, 

including debonding of the reinforced area, 

in accordance with the Instructions of Airbus 

AOT A330–55A3040 or A340–55A4036, both 

Revision 02, both dated September 30, 2009, 

as applicable. If any defect is found, before 

further flight, repair using a method 

approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the EASA (or 

its delegated agent). 

(j) As of the effective date of this AD, no 

person may install any rudder identified in 

table 1 of this AD on any airplane, unless the 

rudder has been inspected and all applicable 

corrective actions have been done in 

accordance with paragraph (g) or (i) of this 

AD, as applicable. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(k) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–1138; fax (425) 

227–1149. Information may be e-mailed to: 

9–ANM–116–AMOC–REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district 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 FAAapproved 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: A federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(l) Refer to MCAI EASA Airworthiness 

Directive 2010–0021, dated February 9, 2010; 

and Airbus AOTs A330–55A3040 and A340– 

55A4036, both Revision 02, both dated 

September 30, 2009; for related information. 

Material Incorporated by Reference 

(m) You must use Airbus All Operators 

Telex A330–55A3040, Revision 02, dated 

September 30, 2009, or Airbus All Operators 

Telex A340–55A4036, Revision 02, dated 

September 30, 2009; as applicable; to do the 

actions required by this AD, unless the AD 

specifies otherwise. (The document number, 

revision level, and date of these documents 

are indicated only on the first page of these 

documents.) 

(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. 

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22322 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Rules and Regulations 

(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 April 4, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–8668 Filed 4–20–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 866 

[Docket No. FDA–2010–N–0026] 

Medical Devices; Immunology and 

Microbiology Devices; Classification of 

Ovarian Adnexal Mass Assessment 

Score Test System; Correction 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; correction. 

SUMMARY: The Food and Drug 

Administration (FDA) is correcting a 

final rule that appeared in the Federal 

Register of March 23, 2011 (76 FR 

16292). The document announced the 

classifying of ovarian adnexal mass 

assessment score test system into class 

II (special controls). The document was 

published with an incorrect docket 

number. This document corrects that 

error. 

DATES: Effective: April 22, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Strong, Office of Policy, Planning 

and Budget, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Bldg. 32, Rm. 3208, Silver Spring, 

MD 20993–0002, 301–796–9148. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2011–6620, appearing on page 16292, in 

the Federal Register of Wednesday, 

March 23, 2011, the following 

correction is made: 

1. On page 16292, in the first column, 

in the Docket No. heading, ‘‘[Docket No. 

FDA–2011–N–0026]’’ is corrected to 

read ‘‘[Docket No. FDA–2010–N–0026].’’ 

Dated: April 13, 2011. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2011–9649 Filed 4–20–11; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule; change. 

SUMMARY: The Department of the Navy 

(DoN) is amending its certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), to reflect the 

conversion of several Navy vessels from 

ballistic missile submarines (SSBN) to 

guided missile submarines (SSGN). The 

Deputy Assistant Judge Advocate 

General (DAJAG) (Admiralty and 

Maritime Law) has determined that 

certain vessels of the SSGN Class are 

vessels of the Navy which, due to their 

special construction and purpose, 

cannot fully comply with certain 

provisions of the 72 COLREGS without 

interfering with their special function as 

naval ships. The intended effect of this 

rule is to warn mariners in waters where 

72 COLREGS apply. 

DATES: This rule is effective April 21, 

2011 and is applicable beginning April 

13, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Jaewon Choi, JAGC, U.S. 

Navy, Admiralty Attorney, (Admiralty 

and Maritime Law), Office of the Judge 

Advocate General, Department of the 

Navy, 1322 Patterson Ave., SE., Suite 

3000, Washington Navy Yard, DC 

20374–5066, telephone number: 202– 

685–5040. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the DoN amends 32 CFR part 706. 

This amendment provides notice that 

the DAJAG (Admiralty and Maritime 

Law), under authority delegated by the 

Secretary of the Navy, has certified that 

USS OHIO (SSBN 726), USS MICHIGAN 

(SSBN 727), USS FLORIDA (SSBN 728), 

and USS GEROGIA (SSBN 729) are 

vessels of the Navy which, due to their 

special construction and purpose, 

cannot fully comply with specific 

provisions of 72 COLREGS without 

interfering with their special function as 

naval ships. The vessels have been 

converted from SSBN’s to SSGN’s and 

this amendment will edit the 

classification of the vessels to accurately 

reflect their new designation as SSGN’s. 

This amendment does not change the 

vessels’ previously noted deviations 

from 72 COLREGS. The DAJAG 

(Admiralty and Maritime Law) has also 

certified that the lights involved are 

located in closest possible compliance 

with the applicable 72 COLREGS 

requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on previous and unchanged 

technical findings that the placement of 

lights on these vessels in a manner 

differently from that prescribed herein 

will adversely affect the vessel’s ability 

to perform its military functions. 

Furthermore, this amendment merely 

changes the classification of these 

vessels and does not reflect any changes 

to the placement of lights on any of 

these vessels. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

For the reasons set forth in the 

preamble, amend part 706 of title 32 of 

the CFR as follows: 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read as follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended as 

follows: 

■ A. In Table One by amending, in 

alpha numerical order, by vessel 

number, the following entries for the 

SSBN Class; and 

■ B. In Table Three, by amending, in 

alpha numerical order, by vessel 

number, the following entries for the 

SSBN Class: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

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WReier-Aviles on DSKGBLS3C1PROD with RULES