48972 Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations 

B) of Bombardier Repair Drawing 8/4–32– 

0160, Issue 6, dated June 27, 2012; and install 

the repaired cam assembly in accordance 

with paragraph C) of Bombardier Repair 

Drawing 8/4–32–0160, Issue 6, dated June 27, 

2012. 

(ii) Install a new or serviceable cam 

assembly, in accordance with paragraph C) of 

Bombardier Repair Drawing 8/4–32–0160, 

Issue 6, dated June 27, 2012. 

(3) If the cam mechanism is found 

damaged or inoperative during the repair 

specified in paragraph (h)(2)(i) of this AD; or 

if any discrepancies are found and 

Bombardier Repair Drawing 8/4–32–0160, 

Issue 6, dated June 27, 2012, does not specify 

repairs for those discrepancies; or repairs 

specified in paragraph (h)(2)(i) of this AD 

cannot be accomplished: Before further 

flight, do the applicable actions required by 

paragraph (h)(3)(i) or (h)(3)(ii) of this AD. 

(i) Repair and reinstall using a method 

approved by the Manager, ANE–170, New 

York ACO, FAA, or TCCA; or Bombardier, 

Inc.’s TCCA Design Approval Organization 

(DAO). If approved by the DAO, the approval 

must include the DAO-authorized signature. 

(ii) Install a new or serviceable cam 

assembly, in accordance with paragraph C) of 

Bombardier Repair Drawing 8/4–32–0160, 

Issue 6, dated June 27, 2012. 

(i) New Credit for Previous Actions for 

Paragraphs (g) and (h) of This AD 

This paragraph provides credit for actions 

required by paragraphs (g) and (h) of this AD, 

if those actions were performed before the 

effective date of this AD using Bombardier 

Repair Drawing 8/4–32–0160, Issue 5, dated 

June 6, 2012, which is not incorporated by 

reference in this AD. 

(j) New Terminating Action 

Within 6,000 flight hours or 36 months 

after the effective date of this AD, whichever 

occurs first, replace any MLG AES cam 

mechanism assembly having P/N 48510–1 or 

P/N 48510–3 with a new MLG AES cam 

mechanism assembly having P/N 48510–5, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–32–100, Revision A, dated August 30, 

2012. Accomplishing this replacement 

terminates the repetitive inspections required 

by this AD. 

(k) New Credit for Previous Actions for 

Paragraph (j) of This AD 

This paragraph provides credit for actions 

required by paragraph (j) of this AD, if those 

actions were performed before the effective 

date of this AD using Bombardier Service 

Bulletin 84–32–100, dated August 15, 2012, 

which is not incorporated by reference in this 

AD. 

(l) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, 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. ATTN: Program 

Manager, Continuing Operational Safety, 

FAA, New York ACO, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone 

516–228–7300; fax 516–794–5531. 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) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, New York ACO, ANE–170, 

Engine and Propeller Directorate, FAA; or 

TCCA; or Bombardier, Inc.’s TCCA Design 

Approval Organization (DAO). If approved by 

the DAO, the approval must include the 

DAO-authorized signature. 

(m) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

Airworthiness Directive CF–2011–01R2, 

dated May 21, 2013, for related information. 

You may examine the MCAI in the AD 

docket on the Internet at http://

www.regulations.gov/#!docketDetail;D=FAA2014-0129. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (n)(5) and (n)(6) of this AD. 

(n) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on September 23, 2014. 

(i) Bombardier Repair Drawing 8/4–32– 

0160, Issue 6, dated June 27, 2012. The issue 

dates for this document are identified only 

on sheets 1 and 1A of this document. 

(ii) Bombardier Service Bulletin 84–32– 

100, Revision A, dated August 30, 2012. 

(4) The following service information was 

approved for IBR on August 2, 2011 (76 FR 

42033, July 18, 2011). 

(i) Bombardier Repair Drawing 8/4–32– 

0160, Issue 3, dated February 15, 2011. The 

issue dates for this document are identified 

only on the first page of this document. 

(ii) Reserved. 

(5) For service information identified in 

this AD, contact Bombardier, Inc., Q-Series 

Technical Help Desk, 123 Garratt Boulevard, 

Toronto, Ontario M3K 1Y5, Canada; 

telephone 416–375–4000; fax 416–375–4539; 

email thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.com. 

(6) You may view this service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(7) You may view this 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/ibrlocations.html. 

Issued in Renton, Washington, on July 30, 

2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–19150 Filed 8–18–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0250; Directorate 

Identifier 2013–NM–165–AD; Amendment 

39–17930; AD 2014–16–06] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model CL–600–2B16 

(CL–604 Variant) airplanes. This AD 

was prompted by reports of in-flight 

uncommanded rudder movements. This 

AD requires revising the airplane flight 

manual (AFM) to incorporate an 

uncommanded yaw motion procedure. 

We are issuing this AD to prevent inflight uncommanded rudder 

movements, which could lead to 

structural failure and subsequent loss of 

the airplane. 

DATES: This AD becomes effective 

September 23, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of September 23, 2014. 

ADDRESSES: You may examine the AD 

docket on the Internet at http://

www.regulations.gov/

#!docketDetail;D=FAA-2014-0250 or in 

person at the Docket Management 

Facility, U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC. 

For service information identified in 

this AD, contact Bombardier, Inc., 400 

Coˆte-Vertu Road West, Dorval, Que ́bec 

H4S 1Y9, Canada; telephone 514–855– 

5000; fax 514–855–7401; email thd.crj@

aero.bombardier.com; Internet http://


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations 48973 

www.bombardier.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

FOR FURTHER INFORMATION CONTACT: 

Luke Walker, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office (ACO), 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone 516–228–7363; fax 

516–794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Bombardier, Inc. Model 

CL–600–2B16 (CL–604 Variant) 

airplanes. The NPRM published in the 

Federal Register on April 21, 2014 (79 

FR 22069). The NPRM was prompted by 

reports of in-flight uncommanded 

rudder movements. The NPRM 

proposed to require revising the AFM to 

incorporate an uncommanded yaw 

motion procedure. We are issuing this 

AD to prevent in-flight uncommanded 

rudder movements, which could lead to 

structural failure and subsequent loss of 

the airplane. 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2013–22, 

dated August 12, 2013 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for certain Bombardier, Inc. Model CL– 

600–2B16 (CL–604 Variant) airplanes. 

The MCAI states: 

There have been several reported incidents 

where Bombardier Regional Jet aeroplanes 

experienced in-flight uncommanded rudder 

movements. Investigation revealed that a 

failure of the voltage regulator inside the yaw 

damper actuator could lead to uncommanded 

yaw movement. If not corrected, this 

condition could lead to structural failure and 

the subsequent loss of the aeroplane. 

Since the Challenger 604 aeroplanes have 

the same system, and can also experience a 

similar problem of uncommanded yaw 

movement, Transport Canada is issuing this 

[Canadian] AD that mandates the 

introduction of an emergency procedure to 

the Aeroplane Flight Manual (AFM) to 

address the above-mentioned unsafe 

condition. 

You may examine the MCAI in the 

AD docket on the Internet at http://

www.regulations.gov/

#!documentDetail;D=FAA-2014-0250- 

0002. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (79 

FR 22069, April 21, 2014) or on the 

determination of the cost to the public. 

‘‘Contacting the Manufacturer’’ 

Paragraph in This AD 

Since late 2006, we have included a 

standard paragraph titled ‘‘Airworthy 

Product’’ in all MCAI ADs in which the 

FAA develops an AD based on a foreign 

authority’s AD. 

We have become aware that some 

operators have misunderstood or 

misinterpreted the Airworthy Product 

paragraph to allow the owner/operator 

to use messages provided by the 

manufacturer as approval of deviations 

during the accomplishment of an ADmandated action. The Airworthy 

Product paragraph does not approve 

messages or other information provided 

by the manufacturer for deviations to 

the requirements of the AD-mandated 

actions. The Airworthy Product 

paragraph only addresses the 

requirement to contact the manufacturer 

for corrective actions for the identified 

unsafe condition and does not cover 

deviations from other AD requirements. 

However, deviations to AD-required 

actions are addressed in 14 CFR 39.17, 

and anyone may request the approval 

for an alternative method of compliance 

to the AD-required actions using the 

procedures found in 14 CFR 39.19. 

To address this misunderstanding and 

misinterpretation of the Airworthy 

Product paragraph, we have changed the 

paragraph and retitled it ‘‘Contacting the 

Manufacturer.’’ This paragraph now 

clarifies that for any requirement in this 

AD to obtain corrective actions from a 

manufacturer, the actions must be 

accomplished using a method approved 

by the FAA, TCCA, or Bombardier, 

Inc.’s TCCA Design Approval 

Organization (DAO). 

The Contacting the Manufacturer 

paragraph also clarifies that, if approved 

by the DAO, the approval must include 

the DAO-authorized signature. The DAO 

signature indicates that the data and 

information contained in the document 

are TCCA-approved, which is also FAAapproved. Messages and other 

information provided by the 

manufacturer that do not contain the 

DAO-authorized signature approval are 

not TCCA-approved, unless TCCA 

directly approves the manufacturer’s 

message or other information. 

This clarification does not remove 

flexibility previously afforded by the 

Airworthy Product paragraph. 

Consistent with long-standing FAA 

policy, such flexibility was never 

intended for required actions. This is 

also consistent with the 

recommendation of the Airworthiness 

Directive Implementation Aviation 

Rulemaking Committee to increase 

flexibility in complying with ADs by 

identifying those actions in 

manufacturers’ service instructions that 

are ‘‘Required for Compliance’’ with 

ADs. We continue to work with 

manufacturers to implement this 

recommendation. But once we 

determine that an action is required, any 

deviation from the requirement must be 

approved as an alternative method of 

compliance. 

We also have decided not to include 

a generic reference to either the 

‘‘delegated agent’’ or ‘‘design approval 

holder (DAH) with State of Design 

Authority design organization 

approval,’’ but instead we have 

provided the specific delegation 

approval granted by the State of Design 

Authority for the DAH throughout this 

AD. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting this AD 

with the changes described previously 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (79 FR 

22069, April 21, 2014) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (79 FR 22069, 

April 21, 2014). 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Costs of Compliance 

We estimate that this AD affects 116 

airplanes of U.S. registry. 

We also estimate that it will take 

about 1 work-hour per product to 

comply with the basic requirements of 

this AD. The average labor rate is $85 

per work-hour. Required parts will cost 

about $0 per product. Based on these 

figures, we estimate the cost of this AD 

on U.S. operators to be $9,860, or $85 

per product. 

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 


wreier-aviles on DSK5TPTVN1PROD with RULES
48974 Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations 

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. 

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); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://www.regulations. 

gov/#!docketDetail;D=FAA-2014-0250; 

or in person at the Docket Management 

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

Monday through Friday, except Federal 

holidays. The AD docket contains this 

AD, 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. 

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 (AD): 

2014–16–06 Bombardier, Inc.: Amendment 

39–17930. Docket No. FAA–2014–0250; 

Directorate Identifier 2013–NM–165–AD. 

(a) Effective Date 

This AD becomes effective September 23, 

2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

CL–600–2B16 (CL–604 Variant) airplanes, 

certificated in any category, serial numbers 

(S/Ns) 5301 through 5665 inclusive, and 

5701 and subsequent. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 22, Autopilot System; and 

Code 27, Rudder Actuator. 

(e) Reason 

This AD was prompted by reports of inflight uncommanded rudder movements. We 

are issuing this AD to prevent in-flight 

uncommanded rudder movements, which 

could lead to structural failure and 

subsequent loss of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Airplane Flight Manual (AFM) Revision 

Within 30 days after the effective date of 

this AD, revise the Emergency Procedures 

Section of the applicable Bombardier AFM to 

incorporate the uncommanded yaw motion 

procedure specified in paragraph (g)(1) or 

(g)(2) of this AD, as applicable. 

(1) For Model CL–600–2B16 (CL–604 

Variant) airplanes having S/Ns 5301 through 

5665 inclusive: Procedure 1.C., 

Uncommanded Yaw Motion, of Section 03– 

06, Automatic Flight Control System, of 

Chapter 3—Emergency Procedures, of the 

Bombardier Challenger CL–604 AFM, PSP 

604–1, Revision 89, dated July 8, 2013. 

(2) For Model CL–600–2B16 (CL–604 

Variant) airplanes having S/Ns 5701 and 

subsequent: Procedure 1.C., Uncommanded 

Yaw Motion, of Section 03–06, Automatic 

Flight Control System, of Chapter 3— 

Emergency Procedures, of the Bombardier 

Challenger CL–605 AFM, PSP 605–1, 

Revision 25, dated July 8, 2013. 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, FAA, New York 

Aircraft Certification Office (ACO), ANE–170, 

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 New York ACO, send it to 

ATTN: Program Manager, Continuing 

Operational Safety, FAA, New York ACO, 

1600 Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone 516–228–7300; fax 

516–794–5531. 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) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, New York ACO, ANE–170, 

Engine and Propeller Directorate, FAA; or 

Transport Canada Civil Aviation (TCCA); or 

Bombardier, Inc.’s TCCA Design Approval 

Organization (DAO). If approved by the DAO, 

the approval must include the DAOauthorized signature. 

(i) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

Airworthiness Directive CF–2013–22, dated 

August 12, 2013, for related information. 

This MCAI may be found in the AD docket 

on the Internet at http://www.regulations. 

gov/#!documentDetail; D=FAA-2014-0250- 

0002. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Procedure 1.C., Uncommanded Yaw 

Motion, of Section 03–06, Automatic Flight 

Control System, of Chapter 3—Emergency 

Procedures, of the Bombardier Challenger 

CL–604 Airplane Flight Manual, PSP 604–1, 

Revision 89, dated July 8, 2013. 

(ii) Procedure 1.C., Uncommanded Yaw 

Motion, of Section 03–06, Automatic Flight 

Control System, of Chapter 3—Emergency 

Procedures, of the Bombardier Challenger 

CL–605 Airplane Flight Manual, PSP 605–1, 

Revision 25, dated July 8, 2013. 

(3) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; email thd.crj@

aero.bombardier.com; Internet http://

www.bombardier.com. 

(4) You may view this service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations 48975 

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/ibrlocations.html. 

Issued in Renton, Washington, on July 30, 

2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–19152 Filed 8–18–14; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 240, 241, and 250 

[Release No. 34–72472; File No. S7–02–13] 

RIN 3235–AL25 

Application of ‘‘Security-Based Swap 

Dealer’’ and ‘‘Major Security-Based 

Swap Participant’’ Definitions to 

Cross-Border Security-Based Swap 

Activities; Republication 

Correction 

In rule document R1–2014–15337 

beginning on page 47278 in the issue of 

Tuesday, August 12, 2014, make the 

following correction: 

On page 47278, in the first column, in 

the eleventh through seventeenth lines, 

and on page 47372, in the third column, 

in the eighth through fourteenth lines, 

the editorial notes should read as 

follows: 

Editorial Note: Rule document 2014– 

15337 was originally published on pages 

39067 through 39162 in the issue of 

Wednesday, July 9, 2014. In that publication 

the footnotes contained erroneous entries. 

The corrected document is republished in its 

entirety. 

[FR Doc. C1–2014–15337 Filed 8–18–14; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2014–0705] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events, Atlantic Ocean; Ocean City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

date of the special local regulation for 

the recurring air show event known as 

the Ocean City Air Show, held over the 

waters of the Atlantic Ocean, adjacent to 

Ocean City, New Jersey. The change of 

enforcement date for the special local 

regulation is necessary to provide for 

the safety of life on navigable waters 

during the event. This action will 

restrict vessel traffic in the waters of the 

Atlantic Ocean adjacent to Ocean City, 

New Jersey, during the event. 

DATES: This rule is effective August 19, 

2014 until 2:30 p.m. on September 14, 

2014, and will be enforced from 11:00 

a.m. to 2:30 p.m. on September 14, 

2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–0705]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 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 email Lieutenant Brennan 

Dougherty, U.S. Coast Guard, Sector 

Delaware Bay, Chief Waterways 

Management Division, Coast Guard; 

telephone (215) 271–4851, email 

Brennan.P.Dougherty@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The regulation for this marine event 

may be found at 33 CFR 100.501, Table 

to § 100.501, section (a), line ‘‘13’’. 

The Coast Guard is issuing this final 

rule pursuant to authority under section 

4(a) of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b) and (d)(3)), 

which authorizes an agency to issue a 

rule without prior notice and 

opportunity to comment, and to take 

effect in less than 30 days, when the 

agency for good cause finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is needed to minimize 

potential danger to the public during the 

event. The potential dangers posed by 

air shows make this change to the 

special local regulation necessary to 

provide for the safety of participants, 

spectator craft, and other vessels 

transiting the event area. For the safety 

concerns noted, it is in the public 

interest to have this regulation in effect 

during the event. The Coast Guard will 

issue broadcast notice to mariners to 

advise vessel operators of navigational 

restrictions. On scene Coast Guard and 

local law enforcement vessels will also 

provide actual notice to mariners. For 

the same reasons, the Coast Guard finds 

that good cause exists for making this 

rule effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date would be 

contrary to the public interest, because 

immediate action is needed to ensure 

the safety of the event. However, 

notifications will be made to users of 

the affected area near Ocean City, NJ, 

via marine information broadcasts and a 

local notice to mariners. 

B. Basis and Purpose 

The legal basis and authorities for this 

rulemaking establishing a special local 

regulation are found in 33 U.S.C. 1233, 

which authorize the Coast Guard to 

establish and define special local 

regulations. The Captain of the Port 

Delaware Bay is establishing a special 

local regulation for the waters of the 

Atlantic Ocean, near Ocean City, NJ, to 

protect event participants, spectators 

and transiting vessels. Entry into this 

area is prohibited unless specifically 

authorized by the Captain of the Port 

Delaware Bay or designated 

representative. 

C. Discussion of the Final Rule 

The City of Ocean City sponsors an 

annual Air Show usually held on the 

third Sunday in September over the 

waters of the Atlantic Ocean adjacent to 

Ocean City, New Jersey. 

The regulation listing annual marine 

events within the Fifth Coast Guard 

District and special local regulation 

locations is 33 CFR 100.501. The Table 

to § 100.501 identifies special local 

regulations by COTP zone, with the 

COTP Delaware Bay zone listed in 

section ‘‘(a.)’’ of the Table. The Table to 

§ 100.501, at section (a.) event Number 

‘‘13’’, describes the enforcement date 

and regulated location for this marine 

event. 


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