24838 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 

Service Bulletin 767–57A0117, dated October 

1, 2009. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), 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 manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

Aircraft Certification Office (ACO) to make 

those findings. For a repair method to be 

approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(k) Related Information 

For more information about this AD, 

contact Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: 425–917–6577; fax: 425–917– 

6590; email: berhane.alazar@faa.gov. Or, 

email information to 9–ANM–Seattle-ACO– 

AMOC–Requests@faa.gov. 

(l) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(i) Boeing Alert Service Bulletin 767– 

57A0117, Revision 1, dated March 2, 2011. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; email me.boecom@boeing.com; Internet 

https://www.myboeingfleet.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/ 

cfr/ibr_locations.html. 

Issued in Renton, Washington, on April 11, 

2012. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–9949 Filed 4–25–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0001] 

RIN 1625–AA00 

Safety Zone; Magothy River, Sillery 

Bay, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone in certain 

waters of the Magothy River, in Sillery 

Bay, Maryland. This safety zone is 

necessary to provide for the safety of 

life, property and the environment. This 

safety zone restricts the movement of 

vessels throughout the regulated area 

during The Bumper Bash, held annually 

on the fourth Saturday of July. 

DATES: This rule is effective May 29, 

2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2012–0001 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2012–0001 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

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 rule, call or 

email Mr. Ronald Houck, Sector 

Baltimore Waterways Management 

Division, Coast Guard; telephone 410– 

576–2674, email 

Ronald.L.Houck@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 

On February 27, 2012, we published 

a notice of proposed rulemaking 

(NPRM) entitled ‘‘Safety Zone; Magothy 

River, Sillery Bay, MD’’ in the Federal 

Register (77 FR 11423). We received no 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

Basis and Purpose 

Each year, on the fourth Saturday in 

July, hundreds of recreational boaters 

meet in Sillery Bay at Dobbins Island, 

Maryland for a gathering called ‘‘The 

Bumper Bash.’’ The activity began in 

2007. Due to the growing presence of 

boaters in recent years, the annual 

gathering has become increasingly 

congested. In recent years, an estimated 

700 recreational boats were anchored or 

moored alongside other boats (rafted). 

The crowds of persons on recreational 

vessels or other water craft create large 

lines of rafted boats filling in the 

beachfront area of Dobbins Island. The 

persons and vessels exceeded a safe 

limit. Accidental drownings, personnel 

injuries, boat fires, boat capsizings and 

sinkings, and boating collisions are 

safety concerns during such 

overcrowded events. Access on the 

water for emergency response to the 

beach area is critical. The Coast Guard 

has the authority to impose appropriate 

controls on activities that may pose a 

threat to persons, vessels and facilities 

under its jurisdiction. The Coast Guard 

sees the need for a permanent safety 

zone that will be enforced annually on 

the fourth Saturday in July, during a 

gathering of persons on recreational 

vessels and other water craft held in the 

Magothy River, in Sillery Bay, 

Maryland. The zone is needed to control 

movement within a waterway that is 

expected to be populated by persons 

and vessels seeking to attend The 

Bumper Bash activity. 

Background 

The Coast Guard anticipates a large 

recreational boating fleet in the Magothy 

River, in Sillery Bay, during The 

Bumper Bash at Dobbins Island, 

Maryland annually on the fourth 

Saturday in July. Due to the need to 

provide for the safety of persons and 

vessels within the regulated area vessel 

traffic will be restricted during the 

activity. 

The purpose of this rule is to promote 

maritime safety, and to protect the 

environment and mariners transiting the 

area from the potential hazards 

associated with a large gathering of 

recreational vessels and other watercraft 

along a confined beachfront area with 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 24839 

swimmers and others present. This rule 

establishes a safety zone in all waters of 

the Magothy River, in Sillery Bay, 

contained within lines connecting the 

following positions: From position 

latitude 39°04′40′′ N, longitude 

076°27′44′′ W; thence to position 

latitude 39°04′48′′ N, longitude 

076°27′19′′ W; thence to position 

latitude 39°04′59′′ N, longitude 

076°27′45′′ W; thence to position 

latitude 39°04′59′′ N, longitude 

076°28′01′′ W; thence to position 

latitude 39°04′41′′ N, longitude 

076°27′51′′ W; thence to the point of 

origin at position latitude 39°04′40′′ N, 

longitude 076°27′44′′ W. All coordinates 

reference Datum NAD 1983. The rule 

will impact the movement of all persons 

and vessels in the regulated area, and 

will limit the density of vessels and 

other watercraft operating, remaining or 

anchoring within the regulated area at 

the discretion of the Captain of the Port 

Baltimore, to ensure an open water 

route remains accessible to law 

enforcement and emergency personnel 

during the effective period. Public 

vessels located within the regulated area 

will not contribute to the density 

determination. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments in response to the NPRM. No 

public meeting was requested and none 

was held. 

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. The effect of this regulation will 

not be significant due to the limited size 

and duration that the regulated area will 

be in effect and vessels transiting the 

Magothy River may proceed safely 

around the zone. In addition, 

notifications will be made to the 

maritime community via marine 

information broadcasts so mariners may 

adjust their plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this 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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to operate, remain or 

anchor within the safety zone, from 8 

a.m. until 10 p.m. on the fourth 

Saturday in July annually. This safety 

zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. Traffic would be 

allowed to pass within the safety zone 

with the permission of the Captain of 

the Port Baltimore. Vessels transiting 

the Magothy River may proceed safely 

around the zone. Also, the Coast Guard 

will issue maritime advisories widely 

available to users of the waterway before 

the effective period. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

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 rule calls 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 direct cost of 

compliance on them. We have analyzed 

this 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 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause 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 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 rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

mstockstill on DSK4VPTVN1PROD with RULES

24840 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 

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 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves certain regulations for vessels 

navigating the waters of the Magothy 

River, in Sillery Bay, and fits within the 

category in paragraph 34(g) because it 

establishes a safety zone. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 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 § 165.513 to read as follows: 

§ 165.513 Safety Zone; Magothy River, 

Sillery Bay, MD. 

(a) Regulated area. The following area 

is a safety zone: All waters of the 

Magothy River, in Sillery Bay, contained 

within lines connecting the following 

positions: From position latitude 

39°04′40′′ N, longitude 076°27′44′′ W; 

thence to position latitude 39°04′48′′ N, 

longitude 076°27′19′′ W; thence to 

position latitude 39°04′59′′ N, longitude 

076°27′45′′ W; thence to position 

latitude 39°04′59′′ N, longitude 

076°28′01′′ W; thence to position 

latitude 39°04′41′′ N, longitude 

076°27′51′′ W; thence to the point of 

origin at position latitude 39°04′40′′ N, 

longitude 076°27′44′′ W. All coordinates 

reference Datum NAD 1983. 

(b) Definitions. As used in this 

section: 

(1) Captain of the Port Baltimore 

means the Commander, U.S. Coast 

Guard Sector Baltimore, Maryland. 

(2) Designated representative means 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Baltimore to assist in enforcing the 

safety zone described in paragraph (a) of 

this section. 

(c) Regulations. (1) All persons are 

required to comply with the general 

regulations governing safety zones 

found in 33 CFR 165.23. 

(2) All vessels and persons are 

prohibited from entering and accessing 

this safety zone, except as authorized by 

the Captain of the Port Baltimore or his 

or her designated representative. 

(3) Persons or vessels requiring entry 

into or passage within the safety zone 

must request authorization from the 

Captain of the Port Baltimore or his or 

her designated representative, by 

telephone at (410) 576–2693 or by 

marine band radio on VHF–FM Channel 

16 (156.8 MHz), from 8 a.m. until 

10 p.m. on the fourth Saturday in July 

annually. All Coast Guard vessels 

enforcing this safety zone can be 

contacted on marine band radio VHF– 

FM Channel 16 (156.8 MHz). 

(4) All vessels and persons must 

comply with instructions of the Captain 

of the Port Baltimore or his or her 

designated representative. 

(5) The operator of any vessel entering 

or located within this safety zone shall: 

(i) Travel at no-wake speed, 

(ii) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign, and 

(iii) Proceed as directed by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by any 

Federal, State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 8 a.m. until 10 

p.m. on the fourth Saturday in July 

annually. 

Dated: April 4, 2012. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2012–10020 Filed 4–25–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0190] 

RIN 1625–AA00 

Safety Zone; Crowley Barge 750–2, 

Bayou Casotte, Pascagoula, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the specified waters of Bayou Casotte, 

Pascagoula, Mississippi. This action is 

necessary for the protection of persons 

and vessels on navigable waters during 

the launch of the Crowley Barge 750–2, 

particularly small craft in the area that 

risk being swamped. Entry into, 

transiting or anchoring in this zone is 

prohibited to all vessels, mariners, and 

persons unless specifically authorized 

by the Captain of the Port (COTP) 

Mobile or a designated representative. 

DATES: Effective Date: this rule is 

effective in the CFR from April 26, 2012 

until 11:59 p.m. April 30, 2012. This 

rule is effective with actual notice for 

purposes of enforcement beginning 

12:01 a.m. April 22, 2012. 

mstockstill on DSK4VPTVN1PROD with RULES