Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Rules and Regulations 70369 

(2) You must use this service 

information as applicable to do the 

actions required by this AD, unless the 

AD specifies otherwise. 

(i) Airbus Mandatory Service Bulletin 

A330–71–3024, Revision 01, excluding 

Appendices 01 through 03, dated 

September 27, 2011. 

(ii) Rolls-Royce Non-Modification 

Service Bulletin RB.211–71–AG419, 

Revision 1, including Appendix 1, dated 

May 10, 2011. 

(3) For Airbus service information 

identified in this AD, contact Airbus 

SAS—Airworthiness Office—EAL, 1 

Rond Point Maurice Bellonte, 31707 

Blagnac Cedex, France; telephone +33 5 

61 93 36 96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. For 

Rolls-Royce service information 

identified in this AD, contact RollsRoyce plc, P.O. Box 31, Derby, DE24 

8BJ, England; telephone 011 44 1332 

242424; fax 011 44 1332 249936; 

Internet https://www.aeromanager.com. 

(4) You may review copies of the 

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/ibr-locations.html. 

Issued in Renton, Washington, on October 

31, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–28422 Filed 11–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0676; Directorate 

Identifier 2011–NM–182–AD; Amendment 

39–17266; AD 2012–23–10] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Airbus Model A318, A319, A320, and 

A321 series airplanes. This AD was 

prompted by reports of the escape slide 

of the raft inflation system not 

deploying when activated due to the 

rotation of the cable guide in a direction 

which resulted in jamming of the 

inflation control cable. This AD requires 

modifying the affected slide rafts. We 

are issuing this AD to prevent nondeployment of the inflation system of 

the escape slide raft, which could result 

in delayed evacuation from the airplane 

during an emergency, and consequent 

injury to the passengers. 

DATES: This AD becomes effective 

December 31, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of December 31, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1405; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on July 2, 2012 (77 FR 39186). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The Mandatory Continuing 

Airworthiness Information (MCAI) 

states: 

Two occurrences on Airbus A320 

aeroplanes have been reported where the 

escape slide raft inflation system did not 

deploy when activated, due to the rotation of 

the cable guide in a direction which resulted 

in jamming of the inflation control cable. 

Additionally, there has been one reported 

case where the system did not deploy 

properly due to a cracked inflation hose 

fitting. 

Investigation conducted by the slide raft 

manufacturer showed that the hose fitting 

could be subject to a bending moment if 

improperly packed. Subsequently, the hose 

fitting could separate from the reservoir and 

the inflation of the slide raft may be 

impaired. 

This condition, if not corrected, could 

delay the evacuation from the aeroplane in 

case of emergency, possibly resulting in 

injury to the occupants. 

For the reasons described above, this 

[European Aviation Safety Agency (EASA)] 

AD requires modification of the affected slide 

rafts or [optional] replacement thereof with 

modified units. 

* * * * * 

The modification includes installing a 

cable guide adaptor, an anti-rotation 

bracket, and a new hose assembly. You 

may obtain further information by 

examining the MCAI in the AD. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

United Airlines (UAL) supports the 

compliance time of 36 months after the 

effective date of this AD. 

Request To Clarify Concurrent 

Requirements 

UAL requested we highlight that Air 

Cruisers Service Bulletin S.B.A320 004– 

25–85 has a concurrent requirement to 

accomplish Air Cruisers Service 

Bulletin S.B.A320 004–25–56. UAL 

stated that it would like to receive a 

confirmation that Air Cruisers Service 

Bulletin S.B.A320 004–25–56 must also 

be accomplished to comply with the 

proposed AD (77 FR 39186, July 2, 

2012). 

We agree with UAL’s comment. For 

the optional replacement in paragraph 

(h) of this final rule, we have clarified 

that the concurrent requirement 

specified in paragraph 1.B. of Air 

Cruisers Service Bulletin S.B. A320 

004–25–85, Revision 2, dated January 3, 

2012, is necessary. We have revised 

paragraphs (h), (j)(1), and (j)(2) in this 

final rule accordingly. 

Request To Remove the Parts 

Installation Limitation in Paragraph 

(j)(1) of the Proposed AD (77 FR 39186, 

July 2, 2012) 

UAL requested that the parts 

installation limitation in paragraph (j)(1) 

of the proposed AD (77 FR 39186, July 

2, 2012) be removed. UAL stated that 

the proposed requirement will remove 

the operator’s flexibility to replace a 

post-AD part number with a pre-AD part 

number prior to the AD limit. UAL 

stated that, after the proposed AD 

effective date, it agrees that any new 

slide-rafts released by the home shop 

should have the AD requirements 

incorporated to prevent unit on-wing 

installation beyond the AD limit, but 

not on the ones currently installed onwing. UAL stated that it believes the 

intent of the proposed AD is to 

eliminate pre-AD part numbers after 36 

months of the effective date. 

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70370 Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Rules and Regulations 

We disagree with UAL’s request to 

remove paragraph (j)(1) of this final rule. 

Paragraph (j)(1) of this final rule only 

applies to those airplanes that have 

accomplished the modification or 

replacement. The intent of this AD is to 

prevent installation of the unsafe escape 

slide rafts after accomplishing the 

required modification or replacement. 

Operators have a compliance time of 

within 36 months after the effective date 

of this AD to do the modification 

required by paragraph (g) of this AD, or 

the alternative action specified in 

paragraph (h) of this AD. We have not 

changed the AD in this regard. 

Request To Incorporate New Service 

Information 

Airbus requested that we revise the 

proposed AD (77 FR 39186, July 2, 

2012) to incorporate Air Cruisers 

Service Bulletin S.B.A320 004–25–85, 

Revision 1, dated September 30, 2011, 

and Revision 2, dated January 3, 2012; 

and to refer to EASA AD 2011–0160R1, 

dated March 15, 2012; into the proposed 

AD. 

We agree with Airbus’ request to 

reference the latest service information. 

We have revised this AD to reference 

Air Cruisers Service Bulletin S.B.A320 

004–25–85, Revision 2, dated January 3, 

2012, for the actions specified in 

paragraphs (h) and (j) of this AD. Air 

Cruisers Service Bulletin S.B.A320 004– 

25–85, Revision 2, dated January 3, 

2012, clarifies certain actions and 

figures. We have also added new 

paragraph (k) of this AD to provide 

credit for actions done using Air 

Cruisers Service Bulletin S.B.A320 004– 

25–85, dated November 30, 2010; or Air 

Cruisers Service Bulletin S.B.A320 004– 

25–85, Revision 1, dated September 30, 

2011; before the effective date of this 

AD. In addition, we have revised 

paragraph (m) of this AD to reference 

EASA AD 2011–0160R1, dated March 

15, 2012, which clarifies the parts 

installation limitations specified in that 

EASA AD. 

Conclusion 

We 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— 

except for minor editorial changes. We 

have determined that these changes: 

• Are consistent with the intent that 

was proposed in NPRM (77 FR 39186, 

July 2, 2012) for correcting the unsafe 

condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 39186, 

July 2, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

745 products of U.S. registry. We also 

estimate that it will take about 19 workhours 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 $341 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be $1,457,220, 

or $1,956 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 

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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains the NPRM (77 FR 39186, July 

2, 2012), the regulatory evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2012–23–10 Airbus: Amendment 39–17266. 

Docket No. FAA–2012–0676; Directorate 

Identifier 2011–NM–182–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective December 31, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Airbus Model A318– 

111, –112, –121, and –122 airplanes; Model 

A319–111, –112, –113, –114, –115, –131, 

–132, and –133 airplanes; Model A320–111, 

–211, –212, –214, –231, –232, and –233 

airplanes; and Model A321–111, –112, –131, 

–211, –212, –213, –231, and –232 airplanes; 

certificated in any category; all manufacturer 

serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 25: Equipment/Furnishings. 

(e) Reason 

This AD was prompted by reports of the 

escape slide of the raft inflation system not 

deploying when activated due to the rotation 

of the cable guide in a direction which 

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Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Rules and Regulations 70371 

resulted in jamming of the inflation control 

table. We are issuing this AD to prevent nondeployment of the inflation system of the 

escape slide raft, which could result in 

delayed evacuation from the airplane during 

an emergency, and consequent injury to the 

passengers. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Modification 

Except as provided by paragraph (i) of this 

AD, within 36 months after the effective date 

of this AD: Modify the escape slide rafts that 

have a part number (P/N) specified in table 

1 to paragraph (g) of this AD, in accordance 

with the Accomplishment Instructions of 

Airbus Service Bulletin A320–25–1723, 

dated December 17, 2010 (for Model A319, 

A320, and A321 series airplanes); or Airbus 

Service Bulletin A320–25–1724, dated 

December 17, 2010 (for Model A318 series 

airplanes). 

TABLE 1 TO PARAGRAPH (g) OF THIS

AD—ESCAPE SLIDE RAFT

Air Cruisers and Aerazur escape slide rafts 

part number if fitted with a reservoir and valve 

assembly P/N D18309–105 or P/N D18309– 

205 

D30664–105 

D30664–107 

D30664–109 

D30664–305 

D30664–307 

D30664–309 

D30664–311 

D30665–105 

D30665–107 

D30665–109 

D30665–305 

D30665–307 

D30665–309 

D30665–311 

(h) Replacement in Accordance With Air 

Cruisers Service Bulletin 

Replacement of all affected escape slide 

rafts on any affected airplane with slide rafts 

that have been modified in accordance with 

the Accomplishment Instructions of Air 

Cruisers Service Bulletin S.B.A320 004–25– 

85, Revision 2, dated January 3, 2012, is 

acceptable for compliance with the 

requirements of paragraph (g) of this AD, 

provided that prior to or concurrently with 

accomplishing the modification, the 

installation of the cable guide assembly is 

done in accordance with the 

Accomplishment Instructions of Air Cruisers 

Service Bulletin S.B.A320 004–25–56, dated 

November 12, 1999. 

(i) Airplanes Not Affected by Paragraph (g) 

of This AD 

Airplanes on which Airbus modification 

151459 or modification 151502 has been 

embodied in production, and on which no 

escape slide raft replacements have been 

made since first flight, are not affected by the 

requirement specified in paragraph (g) of this 

AD. 

(j) Parts Installation Limitations 

(1) For airplanes other than those 

identified in paragraph (i) of this AD: After 

accomplishment of the modification required 

by paragraph (g) of this AD or after 

accomplishment of the alternative 

modification specified in paragraph (h) of 

this AD, no person may install, on any 

airplane, an escape slide raft specified in 

table 1 to paragraph (g) of this AD, unless it 

has been modified in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–25–1723, dated 

December 17, 2010 (for Model A319, A320, 

and A321 series airplanes); Airbus Service 

Bulletin A320–25–1724, dated December 17, 

2010 (for Model A318 series airplanes); or 

Air Cruisers Service Bulletin S.B.A320 004– 

25–85, Revision 2, dated January 3, 2012 (for 

Model A318, A319, A320, and A321 series 

airplanes), including the installation of the 

cable guide assembly in accordance with the 

Accomplishment Instructions of Air Cruisers 

Service Bulletin S.B.A320 004–25–56, dated, 

November 12, 1999. 

(2) For airplanes identified in paragraph (i) 

of this AD: As the effective date of this AD, 

no person may install, on any airplane, an 

escape slide raft specified in table 1 to 

paragraph (g) of this AD, unless it has been 

modified in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–25–1723, dated 

December 17, 2010 (for Model A319, A320, 

and A321 series airplanes); Airbus Service 

Bulletin A320–25–1724, dated December 17, 

2010 (for Model A318 series airplanes); or 

Air Cruisers Service Bulletin S.B.A320 004– 

25–85, Revision 2, dated January 3, 2012 (for 

Model A318, A319, A320, and A321 series 

airplanes), including the installation of the 

cable guide assembly in accordance with the 

Accomplishment Instructions of Air Cruisers 

Service Bulletin S.B.A320 004–25–56, dated, 

November 12, 1999. 

(k) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraphs (h) and (j) of 

this AD, if those actions were performed 

before the effective date of this AD using Air 

Cruisers Service Bulletin S.B.A320 004–25– 

85, dated November 30, 2010; or Air Cruisers 

Service Bulletin S.B.A320 004–25–85, 

Revision 1, dated September 30, 2011; which 

are 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, International 

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

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–1405; fax (425) 

227–1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(m) Related Information 

(1) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2011– 

0160R1, dated March 15, 2012, and the 

service information specified in paragraphs 

(m)(1)(i) through (m)(1)(iv) of this AD, for 

related information. 

(i) Airbus Service Bulletin A320–25–1723, 

dated December 17, 2010. 

(ii) Airbus Service Bulletin A320–25–1724, 

dated December 17, 2010. 

(iii) Air Cruisers Service Bulletin S.B.A320 

004–25–85, Revision 2, dated January 3, 

2012. 

(iv) Air Cruisers Service Bulletin S.B.A320 

004–25–56, dated, November 12, 1999. 

(2) For Air Cruisers service information 

identified in this AD, contact Zodiac Services 

Americas, Cage Code 567V9, 4900 St. Joe 

Boulevard, Building 200, Suite 400, College 

Park, Georgia 30337; telephone 678–228– 

8153; fax 404–599–0041; email 

techpubs@zodiac.com; Internet http://www.

zodiacaerospace.com. 

(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 the AD specifies otherwise. 

(i) Airbus Service Bulletin A320–25–1723, 

dated December 17, 2010. 

(ii) Airbus Service Bulletin A320–25–1724, 

dated December 17, 2010. 

(iii) Air Cruisers Service Bulletin S.B.A320 

004–25–85, Revision 2, dated January 3, 

2012. 

(iv) Air Cruisers Service Bulletin S.B.A320 

004–25–56, dated, November 12, 1999. 

(3) For Airbus service information 

identified in this AD, contact Airbus, 

Airworthiness Office—EAS, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France; telephone +33 5 61 93 36 96; fax +33 

5 61 93 44 51; email account.airworth-eas@

airbus.com; Internet http://www.airbus.com. 

For Air Cruisers service information 

identified in this AD, contact Zodiac Services 

Americas, Cage Code 567V9, 4900 St. Joe 

Boulevard, Building 200, Suite 400, College 

Park, Georgia 30337; telephone 678–228– 

8153; fax 404–599–0041; email 

mstockstill on DSK4VPTVN1PROD with RULES

70372 Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Rules and Regulations 

techpubs@zodiac.com; Internet http:// 

www.zodiacaerospace.com. 

(4) You may review copies of the 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/ibr-locations.html. 

Issued in Renton, Washington, on 

November 13, 2012. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–28181 Filed 11–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–0930] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Shark River (South Channel), Avon 

Township, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation that governs the opening of 

the S35 Bridge, mile 0.9, across Shark 

River (South Channel) at Avon 

Township, NJ. The existing regulation 

contains a drawbridge operation 

schedule for the S35 Bridge. However, 

the existing bridge was modified in 

2006 from a movable bridge to a fixed 

bridge. Since the bridge is no longer a 

movable bridge, the regulation 

controlling the opening and closing of 

the bridge is no longer necessary. 

DATES: This rule is effective November 

26, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2012– 

0930 and are available by going to 

http://www.regulations.gov, inserting 

USCG–2012–0930 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 Jim Rousseau, Bridge 

Management Specialist, Fifth Coast 

Guard District; telephone 757–398– 

6557, email James.L.Rousseau2@uscg.

mil. If you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

§ Section Symbol 

U.S.C. United States Code 

A. Regulatory History and Information 

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)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the S35 

bridge that once required draw 

operations as outlined in 33 CFR 

117.751 was modified from a movable 

bridge to a fixed bridge. As such, the 

bridge no longer opens for the passage 

of vessels. Therefore, the regulation is 

no longer applicable and should 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 a 

restriction that has no further use or 

value. 

Under 5 U.S.C. 553(d)(1), a rule that 

relieves a restriction is not required to 

provide the 30 day notice period before 

its effective date. Since the purpose of 

this rule is to remove the S35 Bridge 

operation requirements under 33 CFR 

117.751, the Coast Guard is removing a 

regulatory restriction currently imposed 

on the public. As such, the Coast Guard 

finds that good cause exists for making 

this rule effective in less than 30 days 

after publication in the Federal 

Register. The bridge has been a fixed 

bridge for 6 years and this rule merely 

requires an administrative change to the 

Federal Register, in order to omit a 

regulatory requirement that is no longer 

applicable or necessary. The 

modification has already taken place 

and the removal of the regulation will 

not affect mariners currently operating 

on this waterway. 

B. Basis and Purpose 

On June 25, 1999, a Coast Guard 

Bridge Permit (1–99–5) was issued to 

the New Jersey Department of 

Transportation (NJDOT) to replace the 

existing bascule bridge, which carries 

S35 over Shark River (South Channel) at 

Avon Township NJ, with a new fixed 

bridge. NJDOT completed construction 

for a new fixed bridge in June 2006. The 

elimination of this drawbridge 

necessitates the removal of the 

drawbridge operation regulation, in 33 

CFR 117.751 that contains an operating 

schedule pertaining to the former 

drawbridge. 

C. Discussion of the Final Rule 

The Coast Guard is changing the 

regulation in 33 CFR part 117 without 

publishing an NPRM. The change 

removes the regulation governing a 

movable bridge that was modified to a 

fixed bridge. Specifically, this rule will 

remove the section of 33 CFR 117.751 

that refers to the S35 Bridge at mile 0.9, 

from the Code of Federal Regulations 

since it governs a bridge that is no 

longer able to be opened. 

D. Regulatory Planning and Review 

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 or 

executive orders. 

1. Regulatory Analysis 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13653, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of 

Order 12866 or under section 1 of 

Executive Order 13563. The Office of 

Management and Budget has not 

reviewed it under those Orders. We 

reached this conclusion based on the 

fact that a special operating regulation 

exists for movable bridges and as this 

bridge has been modified to a fixed 

bridge, the regulation is unnecessary. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

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