Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62571

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD. See the ADDRESSES section for 

a location to examine the regulatory 

evaluation.

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 airworthiness 

directive:

2004–22–02 Raytheon Aircraft Company 

(Formerly Beech): Amendment 39–

13830. Docket No. FAA–2004–18660; 

Directorate Identifier 2003–NM–161–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective December 1, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Raytheon (Beech) 

Model MU–300–10, 400, 400A, and 400T 

series airplanes; and Raytheon (Mitsubishi) 

Model Beech MU–300 airplanes; certificated 

in any category; as listed in Raytheon Service 

Bulletin SB 53–3486, dated June, 2003. 

Unsafe Condition 

(d) This AD was prompted by a report of 

fuel leaking from components in the spoiler 

mixer bay of several Raytheon (Beech) Model 

400A series airplanes. We are issuing this AD 

to prevent the accumulation of fuel and/or 

fuel vapor in the spoiler mixer bay and/or the 

aft fuselage compartment, which could result 

in a fire in the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspections and Corrective Actions 

(f) Within 400 flight hours or 12 months 

after the effective date of this AD, whichever 

occurs first, do the actions in paragraphs 

(f)(1) and (f)(2) of this AD. Do all actions in 

accordance with the Accomplishment 

Instructions of Raytheon Service Bulletin SB 

53–3486, dated June 2003. 

(1) Do a one-time general visual inspection 

of the spoiler mixer bay panels to determine 

the presence of drain holes. Before further 

flight after doing this inspection, drill at least 

one new drain hole, and any additional drain 

holes needed to make a total of five, at the 

places in each mixer bay panel specified in 

the service bulletin. 

(2) Do a one-time general visual inspection 

for discrepancies of the sealant on the relief 

cutout on the aft pressure bulkhead, and of 

the small triangular-shaped baffles at left butt 

line (BL) 19.13 and right BL 10.43. Before 

further flight after doing this inspection, do 

any applicable corrective actions.

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to enhance visual access to 

all exposed surfaces in the inspection area. 

This level of inspection is made under 

normally available lighting conditions such 

as daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Parts Installation 

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

person may install on any airplane a spoiler 

mixer bay panel that has a part number listed 

in paragraph 3.B., ‘‘Spares,’’ of the 

Accomplishment Instructions of Raytheon 

Service Bulletin SB 53–3486, dated June 

2003, unless the panel has been inspected 

and modified in accordance with paragraph 

(f)(1) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, Wichita Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

Material Incorporated by Reference 

(i) You must use Raytheon Service Bulletin 

SB 53–3486, dated June 2003, to perform the 

actions that are required by this AD, unless 

the AD specifies otherwise. The Director of 

the Federal Register approves the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. For copies of the service information, 

contact Raytheon Aircraft Company, 

Department 62, P.O. Box 85, Wichita, Kansas 

67201–0085. For information on the 

availability of this material at the National 

Archives and Records Administration 

(NARA), call (202) 741–6030, or go to http:

//www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html. You may view the AD 

docket at the Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW, room PL–401, Nassif 

Building, Washington, DC.

Issued in Renton, Washington, on October 

18, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–23926 Filed 10–26–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NE–43–AD; Amendment 

39–13835; AD 2004–22–07] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company (GE) CF6–80C2 

Turbofan Engines

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for GE 

CF6–80C2 turbofan engines with certain 

part number (P/N) high pressure turbine 

stage 2 nozzle guide vanes (HPT S2 

NGVs) installed. This AD requires flex 

borescope inspections of HPT S2 NGVs 

installed in CF6–80C2 turbofan engines. 

This AD results from an uncontained 

engine failure due to HPT S2 NGV 

distress. We are issuing this AD to 

prevent blade separation from HPT S2 

NGV distress, which could result in an 

uncontained engine failure.

DATES: This AD becomes effective 

December 1, 2004. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulations as 

of December 1, 2004.

ADDRESSES: You can get the service 

information identified in this AD from 

General Electric Company via Lockheed 

Martin Technology Services, 10525 

Chester Road, suite C, Cincinnati, Ohio 

45215, telephone (513) 672–8400; fax 

(513) 672–8422. 

You may examine the AD docket at 

the FAA, New England Region, Office of 

the Regional Counsel, 12 New England 

Executive Park, Burlington, MA. You 

may examine the service information, at 

the FAA, New England Region, Office of 

the Regional Counsel, 12 New England 

Executive Park, Burlington, MA; 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.

62572 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT:

Eugene Triozzi, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, 

MA; telephone (781) 238–7148; fax 

(781) 238–7199.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed AD. The proposed AD 

applies to GE CF6–80C2 turbofan 

engines with certain P/N HPT S2 NGVs 

installed. We published the proposed 

AD in the Federal Register on 

November 18, 2003 (68 FR 65000). That 

action proposed to require flex 

borescope inspections of certain P/N 

HPT S2 NGVs installed in CF6–80C2A1, 

–80C2A2, –80C2A3, –80C2A5, 

–80C2A5F, –80C2A8, –80C2B1, 

–80C2B1F, –80C2B2, –80C2B2F, 

–80C2B4, –80C2B4F, –80C2B5F, 

–80C2B6, –80C2B6F, –80C2B6FA, 

–80C2B7F, and –80C2D1F turbofan 

engines.

Examining the AD Docket: You may 

examine the AD Docket (including any 

comments and service information), by 

appointment, between 8 a.m. and 4:30 

p.m., Monday through Friday, except 

Federal holidays. See ADDRESSES for the 

location. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Requests To Limit the Required 

Inspections 

Seven commenters ask that we limit 

the inspections required by the 

proposed AD to those parts listed in 

paragraph 1.C.(6) of GE Service Bulletin 

(SB) No. CF6–80C2 S/B 72–0952, 

Revision 6, dated May 5, 2003, and that 

we revise Table 1 of the proposed AD 

to clarify the affected parts. The 

commenters state that those parts are 

the population recommended by the 

Manufacturer. We agree. We revised the 

applicability paragraph and Table 1 of 

the final rule for consistency with GE 

SB No. CF6–80C2 S/B 72–0952, 

Revision 6, dated May 5, 2003. We also 

clarified the applicability of certain P/

Ns in Table 1 by adding, ‘‘Insert, P/N 

1957M40G01 or P/N 1957M40G02, was 

installed during modification or repair,’’

to those parts. 

Six commenters ask that we limit the 

inspections required by the proposed 

AD to areas of critical stress such as the 

leading edge and outer fillet areas of the 

HPT nozzle airfoil as specified in 

Paragraph 3.B.(3) of GE SB No. CF6–

80C2 S/B 72–0952, Revision 6, dated 

May 5, 2003. The commenters feel that 

the proposed AD requires inspecting 

HPT blades as well as the nozzles, but 

that the cracking of the nozzles is the 

primary cause of failure of the HPT 

blade. The commenters feel that the 

proposed AD requires inspecting 

noncritical areas of nozzles. We agree. 

We revised paragraph (f) of the final rule 

to state ‘‘Flex-borescope inspect the 

NGVs following paragraphs 3.B.(3) 

through 3.B.(5) of the * * *.’’ We also 

deleted paragraphs (f)(1) through 

(f)(3)(ii) because they applied to HPT S2 

NGVs that have not been repaired. 

Requests for a Drawdown Allowance 

and Credit for Inspections Already 

Done 

Five commenters ask that we provide 

an appropriate drawdown allowance for 

engines that have exceeded the 

threshold for the initial inspection, or 

provide credit for inspections that have 

already been done. The commenters feel 

that some engines might have already 

exceeded the initial limits. We agree 

that credit should be given for 

inspections that were performed before 

the effective date of the final rule, 

however, the proposed AD already 

provides for that credit by stating in 

paragraph (e) of the proposed AD ‘‘You 

are responsible for having the actions 

required by this AD performed within 

the compliance times specified, unless 

the actions have already been done’’. 

We changed paragraph (f)(2) of the final 

rule to state ‘‘For engines listed in 

paragraphs (f)(1)(i) and (f)(1)(ii) of this 

AD that are already beyond the initial 

inspection thresholds, inspect at or 

before accumulating an additional 200 

CSO after the effective date of this AD.’’

Request To Add CF6–80C2B8F to the 

Applicability 

Two commenters ask us to add the 

CF6–80C2B8F engine model to the 

Applicability. The commenters state 

that the engine model was in the SB 

before we issued the NPRM. We agree. 

We have added the CF6–80C2B8F 

engine model to the Applicability of the 

final rule. 

Request To Withdraw the NPRM 

Two commenters ask us to withdraw 

the NPRM because they do not feel there 

is an issue with safety of flight. One 

commenter states that they have not 

removed any engines for this cause. The 

other commenter states that the engine 

fragments that exited the engine via 

holes in the low pressure turbine case 

were small and caused only minor 

damage to the airplane. We do not agree. 

We identified an unsafe condition after 

an uncontained engine failure. We 

provided a discussion of the cause of 

the uncontained engine failure and how 

the condition could affect other engines 

of the same type design. We are issuing 

this AD to prevent future occurrences of 

the same unsafe condition. 

Request To Change Blade Failure to 

Blade Separation 

One commenter asks us to change 

‘‘blade failure’’ to ‘‘blade separation.’’

The commenter states this is consistent 

with using the term failure when the 

failure of the part is the primary cause. 

We agree. We have changed ‘‘blade 

failure’’ to ‘‘blade separation’’ in the 

final rule. 

Request To Change CSO to CSN 

One commenter asks us to state the 

inspection compliance times for new 

nozzles in paragraph (f)(2)(i) through 

(iii) in terms of ‘‘CSN.’’ The commenter 

feels this will clarify the requirements. 

We agree that the change would have 

clarified the requirements of the original 

NPRM. However, based on previous 

comments, the final rule will apply only 

to repaired or modified nozzles and the 

paragraphs that the commenter asks us 

to change will not be included in the 

final rule. 

Requests To Limit Reinspection 

Requirements 

Two commenters ask us to limit the 

reinspection requirements in paragraph 

(g) for the outer fillet to Figure 5, sheets 

1 and 2 of GE SB No. CF6–80C2 S/B 72–

0952, Revision 6, dated May 5, 2003. 

The commenters state that those sheets 

are the specific inspection requirements 

for cracking in the outer fillet. We agree. 

We added ‘‘Sheets 1 and 2’’ to 

paragraph (g) of the final rule. 

Requests To Change the Reinspection 

intervals 

Several commenters ask us to change 

the reinspection intervals that are 

incorporated by reference in paragraph 

(g). The commenters feel that the 

requirement to ‘‘reinspect at the next 

regular S2 Blade Inspection’’ as stated in 

Figure 5 of GE SB No. CF6–80C2 S/B 

72–0952, Revision 6, dated May 5, 2003, 

might be misleading. Although the next 

regular S2 Blade Inspection should 

coincide with 250 cycles-since-lastinspection (CSLI) for CF6–80C2D1F 

engines with 5.0 or more cycles per 

flight leg and 400 CSLI for all other 

engines, the lack of specific cyclic limits 

might cause confusion. We agree. We 

added new paragraphs (h), (h)(1), and 

(h)(2) to the final rule to define the next 

regular S2 Blade Inspection as cyclic 

limits of 250 and 400 CSLI respectively. 

Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 62573

Request To Delete or Change the 

Paragraph Relating To Operation as 

More Than One Engine Configuration 

Two commenters ask us to delete or 

change paragraph (h) of this AD, 

‘‘Engines Operated as More than One 

Engine Model Configuration (Thrust 

Level).’’ Both commenters feel that we 

should delete paragraph (h) because the 

inspections are limited to repaired 

nozzles. One commenter also feels that 

we need a provision for engines that 

have operated at different thrust levels 

(i.e., reconfigured from one model to 

another model) before the initial 

inspection. We agree. We changed 

paragraph (i) of the final rule to require 

performing the initial inspection at the 

lowest applicable inspection threshold, 

and reinspection intervals associated 

with the current engine model 

configuration.

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the changes described 

previously. We have determined that 

these changes will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

There are about 1,100 GE CF6–80C2 

turbofan engines of the affected design 

in the worldwide fleet. We estimate that 

this AD will affect 300 of these engines 

installed on airplanes of U.S. registry. 

We also estimate that it will take about 

2 work hours per engine to perform the 

inspections on engines that exhibit no 

damage, and therefore require no 

mapping of damage, and that the 

average labor rate is $65 per work hour. 

Based on these figures, we estimate the 

total cost of this AD to U.S. operators to 

be $39,000. 

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 this AD: 

(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) 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 summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES. 

Include ‘‘AD Docket No. 2003–NE–43–

AD’’ in your request.

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 Federal Aviation Administration 

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 airworthiness 

directive:

2004–22–07 General Electric Company:

Amendment 39–13835. Docket No. 

2003–NE–43–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective December 1, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to General Electric 

Company (GE) CF6–80C2A1, –80C2A2, 

–80C2A3, –80C2A5, –80C2A5F, –80C2A8, 

–80C2B1, –80C2B1F, –80C2B2, –80C2B2F, 

–80C2B4, –80C2B4F, –80C2B5F, –80C2B6, 

–80C2B6F, –80C2B6FA, –80C2B7F, 

–80C2B8F, and –80C2D1F turbofan engines, 

with the part numbers (P/Ns) of high 

pressure turbine (HPT) stage 2 nozzle guide 

vanes (HPT S2 NGVs) listed in the following 

Table 1, installed:

TABLE 1.—AFFECTED HPT S2 NGVS

HPT S2 NGV: Provided that: 

P/N 1347M66G03, P/N 1347M66G04, and P/Ns 1815M81G01 through 

1815M81G07.

Insert, P/N 1957M40G01 or P/N 1957M40G02, was installed during repair. 

P/Ns 9373M80G07 through 9373M80G22, and P/Ns 9373M80G25 

through 9373M80G32.

Insert, P/N 1957M40G01 or P/N 1957M40G02, was installed during repair, or NGV was repaired by GE between April 1, 1998 through 

September 30, 1999. 

P/Ns 9373M80G33 through 9373M80G36 ............................................... Part was repaired. 

P/Ns 2080M38G01 through 2080M38G16, and P/Ns 2080M38G19 

through 2080M38G24.

Insert, P/N 1957M40G01 or P/N 1957M40G02, was installed during 

modification or repair. 

P/Ns 2080M19G01 through 2080M19G04, P/Ns 2080M19G07 through 

2080M19G16, P/Ns 2080M19G19 through 2080M19G46, P/Ns 

2080M19G49 through 2080M19G70, and P/Ns 2080M19G73 through 

2080M19G80.

Insert, P/N 1957M40G01 or P/N 1957M40G02, was installed during 

modification or repair. 

These engines are installed on, but not 

limited to, Airbus A300, Airbus A310, Boeing 

747, Boeing 767, and McDonnell Douglas 

MD–11 airplanes.

Unsafe Condition 

(d) This AD results from an uncontained 

engine failure due to HPT S2 NGV distress. 

We are issuing this AD to prevent blade 

separation from HPT S2 NGV distress, which 

could result in an uncontained engine 

failure. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Initial Flex Borescope Inspection of NGVs 

(f) Flex-borescope inspect the NGVs 

following paragraph 3.B.(3) through 3.B.(5) of 

Accomplishment Instructions of GE Service 

Bulletin (SB) No. CF6–80C2 S/B 72–0952, 

Revision 6, dated May 5, 2003, as follows: 

62574 Federal Register / Vol. 69, No. 207 / Wednesday, October 27, 2004 / Rules and Regulations 

Initial Inspection Thresholds 

(1) For all P/N NGVs, initial-inspect after 

the effective date of this AD at the following 

applicable initial inspection thresholds: 

(i) For CF6–80C2A2, –80C2B2, and 

–80C2B2F engines, inspect at or before 

accumulating 1,600 HPT cycles-sinceoverhaul (CSO). 

(ii) For CF6–80C2A1, –80C2A3, –80C2A5, 

–80C2A5F, –80C2A8, –80C2B1, –80C2B1F, 

–80C2B4, –80C2B4F, –80C2B5F, –80C2B6, 

–80C2B6F, –80C2B6FA, –80C2B7F, 

–80C2B8F, and –80C2D1F engines, inspect at 

or before accumulating 800 CSO. 

(2) For engines listed in paragraphs (f)(1)(i) 

and (f)(1)(ii) of this AD that are already 

beyond the initial inspection thresholds, 

inspect at or before accumulating an 

additional 200 CSO after the effective date of 

this AD. 

Reinspection 

(g) Reinspect or remove from service NGVs 

following the Conditions and Reinspection 

intervals listed in the ‘‘Inspection Table for 

Cracking in the Airfoil Outer Fillet’’, Figure 

5, Sheets 1 and 2, of GE SB No. CF6–80C2 

S/B 72–0952, Revision 6, dated May 5, 2003. 

(h) If the recommendation contained in 

Figure 5, Sheets 1 and 2, of GE SB No. CF6–

80C2 S/B 72–0952, Revision 6, dated May 5, 

2003, states ‘‘reinspect at next regular S2 

Blade inspection,’’ then for the purposes of 

this AD, the next regular S2 Blade Inspection 

must be within the following intervals: 

(1) For CF6–80C2D1F engines with 5.0 or 

more cycles per flight leg, the next regular S2 

Blade inspection means within 250 cyclessince-last-inspection (CSLI). 

(2) For all other engines listed in paragraph 

(c) of this AD, the next regular S2 Blade 

inspection means within 400 CSLI. 

Engines Operated as More Than One Engine 

Model Configuration (Thrust Level) 

(i) For NGVs installed in engines operated 

as more than one engine model configuration 

(thrust level), use the lowest applicable 

initial inspection threshold, and use the 

reinspection intervals associated with the 

current engine model. 

Alternative Methods of Compliance 

(j) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Material Incorporated by Reference 

(k) You must use GE Service Bulletin No. 

CF6–80C2 S/B 72–0952, Revision 6, dated 

May 5, 2003, to perform the inspections and 

removals required by this AD. The Director 

of the Federal Register approved the 

incorporation by reference of this service 

bulletin in accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51. You can get a copy from 

General Electric Company via Lockheed 

Martin Technology Services, 10525 Chester 

Road, suite C, Cincinnati, Ohio 45215, 

telephone (513) 672–8400; fax (513) 672–

8422. You can review copies at the FAA, 

New England Region, Office of the Regional 

Counsel, 12 New England Executive Park, 

Burlington, MA; 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.

Related Information 

(l) None.

Issued in Burlington, Massachusetts, on 

October 20, 2004. 

Francis A. Favara, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service.

[FR Doc. 04–23929 Filed 10–26–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165

[USCG–2004–19416] 

Quarterly Listings; Safety Zones, 

Security Zones, Special Local 

Regulations and Regulated Navigation 

Areas

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary rules 

issued. 

SUMMARY: This document provides 

required notice of substantive rules 

issued by the Coast Guard and 

temporarily effective between July 1, 

2004, and September 30, 2004, that were 

not published in the Federal Register. 

This quarterly notice lists temporary 

special local regulations, security zones, 

safety zones, and regulated navigation 

areas, all of limited duration and for 

which timely publication in the Federal 

Register was not possible.

DATES: This document lists temporary 

Coast Guard rules that became effective 

and were terminated between July 1, 

2004, and September 30, 2004.

ADDRESSES: The Docket Management 

Facility maintains the public docket for 

this notice. Documents indicated in this 

notice will be available for inspection or 

copying at the Docket Management 

Facility, U.S. Department of 

Transportation, Room PL–401, 400 

Seventh Street, SW., Washington, DC 

20593–0001 between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. You may electronically access 

the public docket for this notice on the 

Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For 

questions on this notice contact LT Jeff 

Bray, Office of Regulations and 

Administrative Law, telephone (202) 

267–2830. For questions on viewing, or 

on submitting material to the docket, 

contact Andrea M. Jenkins, Program 

Manager, Docket Operations, telephone 

202–366–0271.

SUPPLEMENTARY INFORMATION: Coast 

Guard District Commanders and 

Captains of the Port (COTP) must be 

immediately responsive to the safety 

and security needs within their 

jurisdiction; therefore, District 

Commanders and COTPs have been 

delegated the authority to issue certain 

regulations. Safety zones may be 

established for safety or environmental 

purposes. A safety zone may be 

stationary and described by fixed limits 

or it may be described as a zone around 

a vessel in motion. Security zones limit 

access to prevent injury or damage to 

vessels, ports, or waterfront facilities 

and may also describe a zone around a 

vessel in motion. Special local 

regulations are issued to enhance the 

safety of participants and spectators at 

regattas and other marine events. 

Regulated navigation areas establish 

regulations for vessels navigating within 

the area. Timely publication of these 

rules in the Federal Register is often 

precluded when a rule responds to an 

emergency, or when an event occurs 

without sufficient advance notice. The 

affected public is, however, informed of 

these rules through Local Notices to 

Mariners, press releases, and other 

means. Moreover, actual notification is 

provided by Coast Guard patrol vessels 

enforcing the restrictions imposed by 

the rule. Because Federal Register

publication was not possible before the 

beginning of the effective period, 

mariners were personally notified of the 

contents of these special local 

regulations, security zones, safety zones 

or regulated navigation areas by Coast 

Guard officials; on-scene prior to any 

enforcement action. However, the Coast 

Guard, by law, must publish in the 

Federal Register notice of substantive 

rules adopted. To meet this obligation 

without imposing undue expense on the 

public, the Coast Guard periodically 

publishes a list of these temporary 

special local regulations, security zones, 

safety zones and regulated navigation 

areas. Permanent rules are not included 

in this list because they are published 

in their entirety in the Federal Register. 

Temporary rules are also published in 

their entirety if sufficient time is 

available to do so before they are placed 

in effect or terminated. The safety zones, 

special local regulations, security zones 

and regulated navigation areas listed in 

this notice have been exempted from 

review under Executive Order 12866, 

Regulatory Planning and Review, 

because of their emergency nature, or