Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 24835 

instructions in Airbus All Operators Telex 

A310–29A2101, Revision 01, dated April 12, 

2011 (for airplanes equipped with EATON 

(formerly VICKERS) hydraulic EMPs); or 

Airbus All Operators Telex A310–29A2102, 

dated April 12, 2011 (for airplanes equipped 

with PARKER (formerly ABEX) hydraulic 

EMPs). 

(2) Revise the Limitations section of the 

applicable AFM to prohibit the in-flight use 

of the green EMPs. This may be 

accomplished by inserting a copy of this AD 

into the Limitations section of the AFM. 

(h) Inspecting for Damage and Chafing 

Within 500 flight hours or 4 months after 

the effective date of this AD, whichever 

occurs first, do a one-time general visual 

inspection for correct condition (i.e., no 

damage and no chafing) and correct 

installation of the hydraulic pressure hoses, 

electrical conduits, feeder cables, and 

associated clamping devices at frame 54, as 

well as the electrical conduits and feeder 

cables underneath the clamps (including 

removal of the concerned clamps), in 

accordance with the instructions in Airbus 

All Operators Telex A310–29A2101, Revision 

01, dated April 12, 2011 (for airplanes 

equipped with EATON (formerly VICKERS) 

hydraulic EMPs); or Airbus All Operators 

Telex A310–29A2102, dated April 12, 2011 

(for airplanes equipped with PARKER 

(formerly ABEX) hydraulic EMPs). If any 

incorrect installation is found, before further 

flight, install the affected parts correctly, in 

accordance with Airbus All Operators Telex 

A310–29A2101, Revision 01, dated April 12, 

2011 (for airplanes equipped with EATON 

(formerly VICKERS) hydraulic EMPs); or 

Airbus All Operators Telex A310–29A2102, 

dated April 12, 2011 (for airplanes equipped 

with PARKER (formerly ABEX) hydraulic 

EMPs). 

(1) If any damage or chafing marks are 

found during the inspection required by 

paragraph (h) of this AD, before further flight, 

replace or repair the affected parts (hydraulic 

pressure hoses, electrical conduits, feeder 

cables, clamps, and spacer, if installed), in 

accordance with the instructions in Airbus 

All Operators Telex A310–29A2101, Revision 

01, dated April 12, 2011 (for airplanes 

equipped with EATON (formerly VICKERS) 

hydraulic EMPs); or Airbus All Operators 

Telex A310–29A2102, dated April 12, 2011 

(for airplanes equipped with PARKER 

(formerly ABEX) hydraulic EMPs). 

(2) Before further flight after compliance 

with the requirements of paragraph (h) of this 

AD, as applicable, remove the placard 

required by paragraph (g)(1) of this AD; and 

remove the revision of the Limitations 

section of the AFM, as required by paragraph 

(g)(2) of this AD; from the airplane and the 

AFM, respectively. 

(i) 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: 

Dan Rodina, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; telephone (425) 227–2125; 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. 

(j) Related Information 

Refer to MCAI EASA Airworthiness 

Directive 2011–0071, dated April 18, 2011; 

Airbus All Operators Telex A310–29A2101, 

Revision 01, dated April 12, 2011; and 

Airbus All Operators Telex A310–29A2102, 

dated April 12, 2011; for related information. 

(k) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51: 

(i) Airbus All Operators Telex A310– 

29A2101, Revision 01, dated April 12, 2011. 

The document number, revision level, and 

issue date of this document is specified only 

on the first page of the document. 

(ii) Airbus All Operators Telex A310– 

29A2102, dated April 12, 2011. The 

document number, revision level, and issue 

date of this document is specified only on the 

first page of the document. 

(2) For service information identified in 

this AD, contact Airbus SAS—EAW 

(Airworthiness Office), 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.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on April 12, 

2012. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–9475 Filed 4–25–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0277; Directorate 

Identifier 2009–NM–217–AD; Amendment 

39–17031; AD 2012–08–14] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 767 

airplanes. This AD was prompted by 

reports of cracking in the upper wing 

skin at the fastener holes common to the 

pitch load fittings of the inboard and 

outboard front spar, which could result 

in the loss of the strut-to-wing upper 

link load path and possible separation 

of a strut and engine from the airplane 

during flight. This AD requires 

repetitive inspections to detect fatigue 

cracking in the wing skin, and 

corrective actions if necessary. We are 

issuing this AD to correct the unsafe 

condition on these products. 

DATES: This AD is effective May 31, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of May 31, 2012. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; email 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

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24836 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 

www.regulations.gov; 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 

Document 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: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office 

(ACO), 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: 425– 

917–6577; fax: 425–917–6590; email: 

berhane.alazar@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (SNPRM) to 

amend 14 CFR part 39 to include an AD 

that would apply to the specified 

products. That SNPRM was published 

in the Federal Register on October 11, 

2011 (76 FR 62663). The original NPRM 

(75 FR 15357, March 29, 2010) proposed 

to require repetitive inspections to 

detect fatigue cracking in the upper 

wing skin at the fastener holes common 

to the pitch load fittings of the inboard 

and outboard front spar, and corrective 

actions if necessary. The SNPRM 

proposed to revise that NPRM by 

reducing compliance times. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the SNPRM (76 FR 62663, 

October 11, 2011) and the FAA’s 

response to each comment. 

Supportive Comment 

Boeing concurs with the contents of 

the SNPRM (76 FR 62663, October 11, 

2011). 

Request for Relief From Alternative 

Methods of Compliance (AMOC) 

Requirement 

Aviation Partners Boeing (APB) 

requested that we revise the SNPRM (76 

FR 62663, October 11, 2011) to state that 

supplemental type certificate (STC) 

ST01920SE (http://rgl.faa.gov/

Regulatory_and_Guidance_Library/

rgstc.nsf/0/082838ee177dbf6286257

6a4005cdfc0/$FILE/ST01920SE.pdf), 

has no impact on the inspection 

intervals and corrective actions. APB 

stated that structural analysis shows 

that the inspection intervals and 

required corrective actions in the 

SNPRM are unaffected by the 

installation of the APB winglets; 

therefore, there is no need for an AMOC. 

We agree with the request. We must 

receive a request for approval of an 

AMOC, as required by 14 CFR 39.17 

(Section 39.17 of the Federal Aviation 

Regulations), if a change in a product 

affects the ability to accomplish the 

actions required by the AD. We agree 

that the referenced STC does not affect 

accomplishment of the requirements of 

this AD, and an AMOC is not necessary 

for a ‘‘change in product’’ AMOC 

approval request. We have therefore 

added this provision in new Note 1 to 

paragraph (c) of this AD. 

Request To Revise Paragraph (g) of the 

SNPRM (76 FR 62663, October 11, 

2011) 

Delta requested that we revise 

paragraph (g) of the SNPRM (76 FR 

62663, October 11, 2011) to include the 

following statement: 

If, during opening for access to perform 

Part 2 inspection [of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–57A0117, Revision 1, dated March 2, 

2011], a freeze plug is found in the upper 

skin at any fastener location included in the 

service bulletin, then the inspections per Part 

2 must be discontinued, and Part 1 

inspections must be used for that wing for 

that visit and for all subsequent repeat 

inspections. 

Delta stated that since open-hole eddy 

current inspections of any freeze plug 

would not detect cracks, the 

requirement to use Part 2 inspections 

should not be applied to any freeze plug 

including previously accomplished 

repairs. 

Although we agree with the 

commenter’s characterization of the 

requirements, we disagree that it is 

necessary to make this distinction in the 

AD. Boeing Alert Service Bulletin 767– 

57A0117, Revision 1, dated March 2, 

2011, clearly states which inspection 

must be done, but we have added ‘‘as 

applicable’’ in the first sentence of 

paragraph (g) of this AD, to clarify that 

only the actions that apply to the 

individual airplane are required. 

Additional Changes to This Final Rule 

We have revised the heading and 

wording for paragraph (i) of this AD. 

These changes do not affect the intent 

of this AD. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the 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 SNPRM (76 FR 

62663, October 11, 2011) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the SNPRM (76 FR 62663, 

October 11, 2011). 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of the AD. 

Costs of Compliance 

We estimate that this AD affects 417 

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 .......... 10 work-hours × $85 per hour = $850 per inspection cycle ........................ $28,836 $29,686 $12,379,062 

We estimate the following costs to do 

any necessary repairs that would be 

required based on the results of the 

inspection. We have no way of 

determining the number of aircraft that 

might need these repairs: 

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Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 24837 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product 

Hole repair ...................................... 1 work-hour per hole × maximum 48 holes per airplane × $85 per hour 

= up to $4,080 per airplane.

$0 Up to $4,080. 

Fastener replacement ..................... 1 work-hour per hole × maximum 48 holes per airplane × $85 per hour 

= up to $4,080 per airplane.

0 Up to $4,080. 

Freeze plug repair .......................... 1 work-hour per hole × maximum 48 holes per airplane × $85 per hour 

= up to $4,080 per airplane.

0 Up to $4,080. 

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, 

(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): 

2012–08–14 The Boeing Company: 

Amendment 39–17031; Docket No. 

FAA–2010–0277; Directorate Identifier 

2009–NM–217–AD. 

(a) Effective Date 

This AD is effective May 31, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 767–200, –300, –300F, and –400ER 

series airplanes; certificated in any category; 

as identified in Boeing Alert Service Bulletin 

767–57A0117, Revision 1, dated March 2, 

2011. 

Note 1 to paragraph (c) of this AD: 

Supplemental Type Certificate (STC) 

ST01920SE (http://rgl.faa.gov/ 

Regulatory_and_Guidance_Library/rgstc.nsf/ 

0/082838ee177dbf62862576a4005cdfc0/ 

$FILE/ST01920SE.pdf) does not affect the 

ability to accomplish the actions required by 

this AD. Therefore, for airplanes on which 

STC ST01920SE is installed, a ‘‘change in 

product’’ alternative method of compliance 

(AMOC) approval request is not necessary to 

comply with the requirements of 14 CFR 

39.17. For all other AMOC requests, the 

operator must request approval for an AMOC 

according to paragraph (j) of this AD. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by reports of 

cracking in the upper wing skin at the 

fastener holes common to the pitch load 

fittings of the inboard and outboard front 

spar. We are issuing this AD to detect and 

correct fatigue cracking in the upper surface 

of the upper wing skin at the fastener holes 

common to the pitch load fittings of the 

inboard and outboard front spar, which could 

result in the loss of the strut-to-wing upper 

link load path and possible separation of a 

strut and engine from the airplane during 

flight. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Initial and Repetitive Inspections 

Except as provided by paragraph (h) of this 

AD, at the applicable time specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 767–57A0117, 

Revision 1, dated March 2, 2011: Do detailed 

and ultrasonic inspections, or do an openhole high-frequency eddy current inspection, 

as applicable, to detect cracking in the upper 

surface of the upper wing skin at the fastener 

holes common to the pitch load fittings of the 

inboard and outboard front spar; and do all 

applicable corrective actions; in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin 767–57A0117, 

Revision 1, dated March 2, 2011, except as 

required by paragraph (h) of this AD. Do all 

applicable corrective actions before further 

flight. Repeat the applicable inspections 

thereafter at intervals not to exceed the 

applicable time specified in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 767–57A0117, Revision 1, dated 

March 2, 2011. 

(h) Exceptions to the Service Bulletin 

(1) If any cracking is found during any 

inspection required by this AD, and Boeing 

Alert Service Bulletin 767–57A0117, 

Revision 1, dated March 2, 2011, specifies to 

contact Boeing for additional instructions: 

Before further flight, repair the cracking 

using a method approved in accordance with 

the procedures specified in paragraph (j) of 

this AD. 

(2) Where Boeing Alert Service Bulletin 

767–57A0117, Revision 1, dated March 2, 

2011, specifies a compliance time after the 

date of the original issue of Boeing Alert 

Service Bulletin 767–57A0117, dated October 

1, 2009: This AD requires compliance within 

the specified compliance time after the 

effective date of this AD. 

(i) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using Boeing Alert 

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

Service Bulletin 767–57A0117, dated October 

1, 2009. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

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

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

Aircraft Certification Office (ACO) to make 

those findings. For a repair method to be 

approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(k) Related Information 

For more information about this AD, 

contact Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 Lind 

Avenue SW., Renton, Washington 98057– 

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

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

email information to 9–ANM–Seattle-ACO– 

AMOC–Requests@faa.gov. 

(l) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(i) Boeing Alert Service Bulletin 767– 

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

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

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

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

https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr_locations.html. 

Issued in Renton, Washington, on April 11, 

2012. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

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

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0001] 

RIN 1625–AA00 

Safety Zone; Magothy River, Sillery 

Bay, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone in certain 

waters of the Magothy River, in Sillery 

Bay, Maryland. This safety zone is 

necessary to provide for the safety of 

life, property and the environment. This 

safety zone restricts the movement of 

vessels throughout the regulated area 

during The Bumper Bash, held annually 

on the fourth Saturday of July. 

DATES: This rule is effective May 29, 

2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2012–0001 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

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

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Ronald Houck, Sector 

Baltimore Waterways Management 

Division, Coast Guard; telephone 410– 

576–2674, email 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On February 27, 2012, we published 

a notice of proposed rulemaking 

(NPRM) entitled ‘‘Safety Zone; Magothy 

River, Sillery Bay, MD’’ in the Federal 

Register (77 FR 11423). We received no 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

Basis and Purpose 

Each year, on the fourth Saturday in 

July, hundreds of recreational boaters 

meet in Sillery Bay at Dobbins Island, 

Maryland for a gathering called ‘‘The 

Bumper Bash.’’ The activity began in 

2007. Due to the growing presence of 

boaters in recent years, the annual 

gathering has become increasingly 

congested. In recent years, an estimated 

700 recreational boats were anchored or 

moored alongside other boats (rafted). 

The crowds of persons on recreational 

vessels or other water craft create large 

lines of rafted boats filling in the 

beachfront area of Dobbins Island. The 

persons and vessels exceeded a safe 

limit. Accidental drownings, personnel 

injuries, boat fires, boat capsizings and 

sinkings, and boating collisions are 

safety concerns during such 

overcrowded events. Access on the 

water for emergency response to the 

beach area is critical. The Coast Guard 

has the authority to impose appropriate 

controls on activities that may pose a 

threat to persons, vessels and facilities 

under its jurisdiction. The Coast Guard 

sees the need for a permanent safety 

zone that will be enforced annually on 

the fourth Saturday in July, during a 

gathering of persons on recreational 

vessels and other water craft held in the 

Magothy River, in Sillery Bay, 

Maryland. The zone is needed to control 

movement within a waterway that is 

expected to be populated by persons 

and vessels seeking to attend The 

Bumper Bash activity. 

Background 

The Coast Guard anticipates a large 

recreational boating fleet in the Magothy 

River, in Sillery Bay, during The 

Bumper Bash at Dobbins Island, 

Maryland annually on the fourth 

Saturday in July. Due to the need to 

provide for the safety of persons and 

vessels within the regulated area vessel 

traffic will be restricted during the 

activity. 

The purpose of this rule is to promote 

maritime safety, and to protect the 

environment and mariners transiting the 

area from the potential hazards 

associated with a large gathering of 

recreational vessels and other watercraft 

along a confined beachfront area with 

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