Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations 15287 

Commercial Airplanes, Attention: 

Contractual & Data Services (C&DS), 2600 

Westminster Blvd., MC 110–SK57, Seal 

Beach, CA 90740–5600; telephone 562–797– 

1717; Internet https://

www.myboeingfleet.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 

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 March 

16, 2017. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2017–05768 Filed 3–27–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2016–3705; Directorate 

Identifier 2015–NM–168–AD; Amendment 

39–18837; AD 2017–06–13] 

RIN 2120–AA64 

Airworthiness Directives; Textron 

Aviation Inc. (Type Certificate 

Previously Held by Cessna Aircraft 

Company) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Textron Aviation Inc. (Textron) Model 

680 airplanes. This AD was prompted 

by Textron’s report of a manufacturing 

defect that affects the durability of the 

aft canted bulkhead metallic structure. 

This AD requires repetitive inspections 

of the aft canted bulkhead; repair if 

necessary; and a modification, which 

would terminate the repetitive 

inspections. We are issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective May 2, 2017. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of May 2, 2017. 

ADDRESSES: For service information 

identified in this final rule, contact 

Textron Aviation Inc., P.O. Box 7706, 

Wichita, KS 67277; telephone 316–517– 

6215; fax 316–517–5802; email 

citationpubs@txtav.com; Internet 

https://support.cessna.com/custsupt/ 

csupport/newlogin.jsp. You may review 

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. It is also available 

on the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2016– 

3705. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2016– 

3705; 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 address for the 

Docket Office (phone: 800–647–5527) is 

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 20590. 

FOR FURTHER INFORMATION CONTACT: 

Phuoc Le, Aerospace Engineer, Airframe 

Branch, ACE–118W, Wichita Aircraft 

Certification Office (ACO), FAA, 1801 

Airport Road, Room 100, Dwight D. 

Eisenhower Airport, Wichita, KS 67209; 

phone: 316–946–4195; fax: 316–946– 

4107; email: phuoc.le@faa.gov. 

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 Textron Aviation Inc. 

Model 680 airplanes. The NPRM 

published in the Federal Register on 

February 26, 2016 (81 FR 9790) (‘‘the 

NPRM’’). The NPRM was prompted by 

Textron’s report of a manufacturing 

defect that affects the durability of the 

aft canted bulkhead metallic structure. 

The manufacturing defect directly 

affects the bond integrity of the vertical 

and horizontal stiffeners on the aft 

canted bulkhead metallic structure. The 

NPRM proposed to require repetitive 

inspections of the aft canted bulkhead 

and repair if necessary. The NPRM also 

proposed to require a modification 

which would terminate the repetitive 

inspections. We are issuing this AD to 

prevent disbonding of the horizontal 

and vertical stiffeners on the aft canted 

bulkhead. Loss of bond integrity could 

result in a structural failure that could 

lead to separation of the cruciform tail 

and loss of control of the airplane. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Request To Limit Findings to 

‘‘Disbonding’’ 

NetJets Aviation, Inc. (NetJets) 

requested that we revise paragraph (h) 

of the proposed AD to remove ‘‘cracked 

paint’’ as a possible finding from the 

inspection. NetJets acknowledged that 

cracked paint, while not a safety 

concern on its own, should be 

investigated to ensure that it is not 

evidence of disbonding. NetJets 

indicated that the requirement for a 

disbond to be repaired per an alternative 

method of compliance (AMOC) is 

sufficient to ensure that the safety 

concern is addressed appropriately. 

We agree with the commenter that 

cracked paint may not be a safety 

concern on its own; however it is 

evidence that a disbond of the structure 

may have occurred and should be 

investigated further to ensure there is no 

evidence of disbonding. Thus, if cracked 

paint is found, operators must contact 

the FAA for procedures to determine 

whether the cracked paint was an 

indication of disbonding. We have 

revised paragraph (h) of this AD to 

clarify that operators must obtain 

instructions from the FAA and comply 

with those instructions. 

Request To Have Cessna Engineering 

Drawing Be Made Available 

NetJets indicated that paragraph (n)(2) 

of the proposed AD states that the 

required service information is available 

from Textron. However, Netjets stated 

that Textron does not provide owners/ 

operators with access to Cessna 

Engineering Drawing 6991115 

(‘‘Drawing 6991115’’), which is required 

for compliance with paragraph (i) of the 

proposed AD. NetJets added that the 

required service information is not 

available at the Federal Register and is 

not available to owners/operators 

through the source identified in the 

proposed AD. NetJets indicated that 

Cessna Service Bulletin SB680–53–08, 

dated September 28, 2015, states that 

only Textron-owned service centers can 

complete the modification and have 

access to Drawing 6991115. NetJets 

stated that access to Drawing 6991115 

should be made available to owners/ 

operators, and the proposed AD should 

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15288 Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations 

state that compliance at a Textronowned service center is not required by 

the AD. 

We acknowledge that Drawing 

6991115 is not available to owners/ 

operators. However, drawing 6991115 is 

only used for an airplane that is 

modified at a Textron-owned service 

center. Cessna Service Bulletin SB680– 

53–08, Revision 2, dated November 2, 

2016 (‘‘SB680–53–08, Revision 2’’) 

(issued after the NPRM was published), 

includes a reference to Cessna 

Engineering Drawing 6991119 

(‘‘Drawing 6991119’’), which should be 

available to owners/operators and 

contains approved data for owners/ 

operators who choose to modify their 

airplanes at a non-Textron-owned 

service center. We have revised 

paragraph (i) of this AD to refer to 

SB680–53–08, Revision 2. 

Request To Include the Revision Level 

for Cessna Engineering Drawing 

NetJets requested that the revision 

level for Drawing 6991115 be added to 

paragraph (i) of the proposed AD, and 

that paragraph (i) of the proposed AD 

allow later revisions to Drawing 

6991115. Paragraph (i) of the proposed 

AD would require compliance with 

Cessna Service Bulletin SB680–53–08, 

dated September 28, 2015, which 

contains a reference to the modification 

instructions contained in Drawing 

6991115. Because neither Cessna 

Service Bulletin SB680–53–08, dated 

September 28, 2015, nor paragraph (i) of 

the proposed AD specifies the revision 

level of Drawing 6991115 that would be 

required for compliance with the 

proposed AD, NetJets asserted that it is 

not possible for an owner/operator to 

comply with its responsibility to ensure 

that FAA approval was obtained. 

We partially agree that there is a need 

to specify acceptable revision levels of 

Drawing 6991115. However, with the 

release of SB680–53–08, Revision 2, 

Drawing 6991115 is no longer 

applicable for the owners/operators who 

elect to accomplish SB680–53–08, 

Revision 2, at a non-Textron facility. 

Instead, the revision levels of Drawing 

6991119 are now applicable for the 

owners/operators who will accomplish 

SB680–53–08, Revision 2, at a nonTextron facility. Although SB680–53– 

08, Revision 2, specifies using the latest 

revision of Drawing 6991119, this AD 

allows use of any revision level of that 

drawing. We have added paragraph (k) 

to this AD to specify this provision; 

subsequent paragraphs have been 

redesignated accordingly. We have 

reviewed all existing revisions of 

Drawing 6991119, and have found all to 

be acceptable. In addition, paragraph (i) 

of this AD has been revised to specify 

compliance with SB680–53–08, 

Revision 2. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, 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 for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Related Service Information Under 1 

CFR Part 51 

We reviewed the following Cessna 

service information. 

• Cessna Service Letter SL680–53–05, 

Revision 2, dated September 30, 2015. 

The service information describes 

procedures for a general visual 

inspection for disbonding and paint 

cracking around the edges of the 

stiffeners on the aft canted bulkhead. 

• Cessna Service Bulletin SB680–53– 

08, Revision 2, dated November 2, 2016. 

The service information describes 

procedures for modifying the airplane 

by installing additional stiffeners to the 

aft canted bulkhead. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

Costs of Compliance 

We estimate that this AD affects 123 

airplanes of U.S. registry. We estimate 

the following costs to comply with this 

AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Inspection ............... 1 work-hour × $85 per hour = $85 per inspection 

cycle.

$0 $85 per inspection cycle $10,455 per inspection 

cycle. 

Modification ............ 180 work-hours × $85 per hour = $15,300 ............ 3,190 18,490 ............................ 2,274,270. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this AD. 

According to the manufacturer, some 

of the costs of this AD may be covered 

under warranty, thereby reducing the 

cost impact on affected individuals. We 

do not control warranty coverage for 

affected individuals. As a result, we 

have included all costs in our cost 

estimate. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

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, 

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Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations 15289 

(2) Is not a ‘‘significant rule’’ under 

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. 

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): 

2017–06–13 Textron Aviation Inc. (Type 

Certificate Previously Held by Cessna 

Aircraft Company): Amendment 39– 

18837; Docket No. FAA–2016–3705; 

Directorate Identifier 2015–NM–168–AD. 

(a) Effective Date 

This AD is effective May 2, 2017. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Textron Aviation Inc. 

(Type Certificate previously held by Cessna 

Aircraft Company) Model 680 airplanes, 

certificated in any category, as identified in 

paragraphs (c)(1) and (c)(2) of this AD. 

(1) Model 680 Sovereign airplanes 

(commonly known as Citation Sovereign 

airplanes), having serial numbers: 680–0001, 

–0002, –0006, –0025, –0030, –0031, –0032, 

–0046, –0051, –0057, –0064, –0066, –0067, 

–0082, –0104, –0108, –0112, –0118, –0120, 

–0125, –0132, –0139, –0140, –0141, –0144, 

–0147, –0148, –0149, –0153, –0157, –0160, 

–0162, –0163, –0164, –0166, –0167, –0169, 

–0170, –0171, –0173, –0174, –0175, –0176, 

–0177, –0178, –0179, –0180, –0182, –0183, 

–0185, –0186, –0192, –0193, –0196, –0200, 

–0202, –0204, –0205, –0206, –0208, –0211, 

–0216, –0220, –0221, –0222, –0227, –0229, 

–0230, –0231, –0234, –0235, –0236, –0238, 

–0241, –0242, –0243, –0245, –0246, –0249, 

–0252, –0253, –0255, –0256, –0257, –0258, 

–0260, –0262, –0268, –0270, –0271, –0280, 

–0282, –0283, –0284, –0285, –0289, –0291, 

–0292, –0296, –0297, –0300, –0301, –0302, 

–0303, –0304, –0306, –0307, –0313, –0315, 

–0317, –0318, –0322, –0323, –0324, –0327, 

–0328, –0329, –0333, –0334, –0336, –0337, 

–0339, –0340, –0342, –0344, –0346, –0347, 

–0348, and –0349. 

(2) Model 680 Sovereign airplanes 

(commonly known as Citation Sovereign+ 

airplanes) having serial numbers: 680–0501, 

–0504, –0505, –0509, –0510, –0511, –0512, 

–0513, –0514, –0515, –0516, –0517, –0519, 

–0520, –0522, –0524, –0525, –0526, –0527, 

and –0531. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by Textron’s report 

of a manufacturing defect which affects the 

durability of the aft canted bulkhead metallic 

structure. The manufacturing defect directly 

affects the bond integrity of the vertical and 

horizontal stiffeners on the aft canted 

bulkhead metallic structure. We are issuing 

this AD to prevent disbonding of the 

horizontal and vertical stiffeners on the aft 

canted bulkhead. Loss of bond integrity 

could result in a structural failure that may 

lead to separation of the cruciform tail and 

loss of control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Repetitive Inspections 

Before the accumulation of 7,000 total 

flight hours, or within 100 flight hours after 

the effective date of this AD, whichever 

occurs later, perform a general visual 

inspection for disbonding and paint cracking 

around the edges of the stiffeners on the aft 

canted bulkhead, in accordance with the 

Accomplishment Instructions of Cessna 

Service Letter SL680–53–05, Revision 2, 

dated September 30, 2015. Repeat the general 

visual inspection thereafter at intervals not to 

exceed 100 flight hours, until the 

modification required by paragraph (i) of this 

AD is accomplished. 

(h) Repair 

If, during any inspection required by 

paragraph (g) of this AD, any disbonding or 

cracked paint is found, before further flight, 

obtain instructions approved by the Manager, 

Wichita Aircraft Certification Office (ACO), 

ACE–118W, FAA, and, within the 

compliance time specified in those 

instructions, accomplish the instructions 

accordingly. 

(i) Modification 

At the applicable compliance time 

specified in paragraph (i)(1) or (i)(2) of this 

AD, modify the airplane by installing 

additional stiffeners on the aft canted 

bulkhead, in accordance with the 

Accomplishment Instructions of Cessna 

Service Bulletin SB680–53–08, Revision 2, 

dated November 2, 2016, except as provided 

by paragraphs (k) and (l) of this AD. Doing 

this modification terminates the repetitive 

inspections required by paragraph (g) of this 

AD. 

(1) For airplanes that have accumulated 

7,000 or more total flight hours as of the 

effective date of this AD: Within 1,800 flight 

hours or 24 months, whichever occurs first, 

after the effective date of this AD. 

(2) For airplanes that have accumulated 

less than 7,000 total flight hours as of the 

effective date of this AD: Within 3,600 flight 

hours or 48 months, whichever occurs first, 

after the effective date of this AD. 

(j) Credit for Previous Actions 

(1) This paragraph provides credit for 

actions required by paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using Cessna Service 

Letter SL680–53–05, dated December 22, 

2014; or Cessna Service Letter SL680–53–05, 

Revision 1, dated March 12, 2015. 

(2) This paragraph provides credit for 

actions required by paragraph (i) of this AD, 

if those actions were performed before the 

effective date of this AD using Cessna Service 

Bulletin SB680–53–08, dated September 28, 

2015. 

(k) Exceptions to Service Information 

Specifications 

Although Cessna Service Bulletin SB680– 

53–08, Revision 2, dated November 2, 2016, 

specifies using the latest revision of Drawing 

6991119, this AD allows using any revision 

level of that drawing. 

(l) Provisions Regarding Reporting 

Although Cessna Service Bulletin SB680– 

53–08, Revision 2, dated November 2, 2016; 

and Cessna Service Letter SL680–53–05, 

Revision 2, dated September 30, 2015; 

specify to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(m) Special Flight Permit 

Special flight permits, as described in 

Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), are not allowed. 

(n) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Wichita ACO, ACE– 

118W, 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 

paragraph (o)(1) of this AD. 

(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. 

(o) Related Information 

(1) For more information about this AD, 

contact Phuoc Le, Aerospace Engineer, 

Airframe Branch, ACE–118W, Wichita 

Aircraft Certification Office (ACO), FAA, 

1801 Airport Road, Room 100, Dwight D. 

Eisenhower Airport, Wichita, KS 67209; 

phone: 316–946–4195; fax: 316–946–4107; 

email: phuoc.le@faa.gov. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

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15290 Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations 

available at the addresses specified in 

paragraphs (p)(3) and (p)(4) of this AD. 

(p) 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 the AD specifies otherwise. 

(i) Cessna Service Letter SL680–53–05, 

Revision 2, dated September 30, 2015. 

(ii) Cessna Service Bulletin SB680–53–08, 

Revision 2, dated November 2, 2016. 

(3) For service information identified in 

this AD, contact Textron Aviation Inc., P.O. 

Box 7706, Wichita, KS 67277; telephone 316– 

517–6215; fax 316–517–5802; email 

citationpubs@txtav.com; Internet https://

support.cessna.com/custsupt/csupport/ 

newlogin.jsp. 

(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 

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 March 

16, 2017. 

Dionne Palermo, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2017–05771 Filed 3–27–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0070] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Elizabeth River, Elizabeth, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulations for five bridges across the 

Elizabeth River. These bridges were 

either removed in their entirety or 

replaced with a fixed bridge, making the 

operating regulations no longer 

necessary. 

DATES: This rule is effective March 28, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0070 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Jeffrey Stieb, Project Officer, 

First Coast Guard District Bridge 

Program, telephone 617–223–8364, 

email Jeffrey.D.Stieb@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this final 

rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

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

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

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

553(b), the Coast Guard finds that good 

cause exists for not publishing an NPRM 

with respect to this rule because the 

New Jersey Transit Rail Operations 

railroad bridge, mile 0.7, the Baltic 

Street bridge, mile 0.9, the Summer 

Street bridge, mile 1.3, the South Street 

bridge, mile 1.8, and the Bridge Street 

bridge, mile 2.1 at the Elizabeth River 

that once required draw operations in 

33 CFR 117.718(b), have been removed 

in their entirety or converted to a fixed 

bridge. Therefore, the regulation is no 

longer necessary or applicable and shall 

be removed from publication. It is 

unnecessary to publish an NPRM 

because this regulatory action does not 

purport to place any restrictions on 

mariners but rather removes restrictions 

that have no further use or value. 

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

Guard finds that good cause exists for 

making this rule effective in less than 30 

days after publication in the FR. This 

rule merely requires an administrative 

change to the CFR in order to omit a 

regulatory requirement that is no longer 

applicable or necessary. The 

modifications have already taken place 

and the removal of the regulation will 

not affect mariners currently operating 

on this waterway. Therefore, a delayed 

effective date is unnecessary. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

The New Jersey Transit Rail 

Operations railroad bridge, mile 0.7, the 

Baltic Street bridge, mile 0.9, the 

Summer Street bridge, mile 1.3, the 

South Street bridge, mile 1.8, and the 

Bridge Street bridge, mile 2.1, at the 

Elizabeth River that once required draw 

operations in 33 CFR 117.718(b) were 

removed in their entirety or converted 

to fixed bridges over thirty years ago. It 

has come to the attention of the Coast 

Guard that the governing regulation for 

these drawbridges was never removed 

subsequent to the removal of the 

drawbridge or conversion to a fixed 

bridge. The elimination of these 

drawbridges necessitates the removal of 

the drawbridge operation regulation in 

33 CFR 117.718(b) that pertains to these 

former drawbridges. 

The purpose of this rule is to remove 

33 CFR 117.718(b), which refers to these 

bridges, from the CFR since the bridges 

are no longer able to be opened. 

IV. Discussion of Final Rule 

The Coast Guard is changing the 

regulation in 33 CFR 117.718 by 

removing restrictions related to the 

draw operations for bridges that are no 

longer drawbridges. The change 

removes paragraph (b) of the regulation 

governing these bridges. This change 

does not affect nor does it alter the 

operating schedule that is currently 

designated paragraph (a), which governs 

the remaining drawbridge on the 

Elizabeth River. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

executive orders, and we discuss First 

Amendment rights of protesters. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

designated a ‘‘significant regulatory 

action,’’ under Executive Order 12866. 

Accordingly, it has not been reviewed 

by the Office of Management and 

Budget. 

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