Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations 23659

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (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. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

98–09–24 Diamond Aircraft Industries:

Amendment 39–10505; Docket No. 97–

CE–134–AD.

Applicability: The following sailplane

models and serial numbers, certificated in

any category:

Model H–36 ‘‘Dimona’’ sailplanes, all

serial numbers; and

Model H 36 R ‘‘Super Dimona’’ sailplanes,

serial numbers 36301 through 36414.

Note 1: This AD applies to each sailplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

sailplanes that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (e) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated in the

body of this AD, unless already

accomplished.

To prevent failure of either the shoulder

harness fittings, elevator rib, or the wheel

axle to steel support attachment, which could

result in passenger injury caused by an

inadequate restraint system; reduced

sailplane controllability caused by structural

damage to the elevator; and/or reduced

sailplane controllability during takeoff,

landing, and ground operations caused by the

installation of incorrect wheel axle screws,

accomplish the following:

(a) Within the next 3 calendar months after

the effective date of this AD, accomplish the

following:

(1) For the Model H–36 ‘‘Dimona’’

sailplanes, all serial numbers; and the Model

HK 36 R ‘‘Super Dimona’’ sailplanes, serial

numbers 36301 through 36414, inspect the

elevator rib area for damage. Accomplish this

inspection in accordance with Diamond

Work Instruction No. 21, dated March 20,

1996, as referenced in Diamond Service

Bulletin No. 51, dated March 30, 1996.

(2) For the Model HK 36 R ‘‘Super

Dimona’’ sailplanes, serial numbers 36301

through 36327, replace the M6 screws that

attach the wheel axle to steel support with

M8 screws. Accomplish this replacement in

accordance with Hoffman Work Instruction

No. 10, dated May 29, 1991, as referenced in

Hoffman Service Bulletin No. 27, dated May

31, 1991.

(3) For the Model H–36 ‘‘Dimona’’

sailplanes, serial numbers 3501 through 3539

and 3601 through 36143, inspect the

shoulder harness fittings for improper

bonding. Accomplish this inspection in

accordance with Hoffman Service Bulletin

17, dated January 20, 1987.

(b) Prior to further flight after the

inspections required by paragraphs (a)(1) and

(a)(3) of this AD, accomplish the following:

(1) If any damage is found in the elevator

rib area on any sailplane affected by

paragraph (a)(1) of this AD, replace the

elevator ribs in accordance with Diamond

Work Instruction No. 21, dated March 20,

1996, as referenced in Diamond Service

Bulletin No. 51, dated March 30, 1996.

(2) If an improper bonding is found on the

shoulder harness fittings on any sailplane

affected by paragraph (a)(3) of this AD, repair

the shoulder harness fittings in accordance

with Hoffman Service Bulletin 17, dated

January 20, 1987.

(c) For the Model H–36 ‘‘Dimona’’

sailplanes, all serial numbers; and the Model

HK 36 R ‘‘Super Dimona’’ sailplanes, serial

numbers 36301 through 36414, within the

next 3,000 hours time-in-service (TIS) after

the effective date of this AD, replace the

elevator ribs, unless already accomplished as

required by paragraph (b)(1) of this AD.

Accomplish this replacement in accordance

with Diamond Work Instruction No. 21,

dated March 20, 1996, as referenced in

Diamond Service Bulletin No. 51, dated

March 30, 1996.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the sailplane

to a location where the requirements of this

AD can be accomplished.

(e) An alternative method of compliance or

adjustment of the compliance times that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, FAA, 1201 Walnut, suite 900,

Kansas City, Missouri 64106. The request

shall be forwarded through an appropriate

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(f) Questions or technical information

related to the service information referenced

in this AD should be directed to Diamond

Aircraft Industries, G.m.b.H., N.A. OttoStrabe 5, A–2700, Wiener Neustadt, Austria.

This service information may be examined at

the FAA, Central Region, Office of the

Regional Counsel, Room 1558, 601 E. 12th

Street, Kansas City, Missouri 64106.

(g) The inspections, replacements, and

repair required by this AD shall be done in

accordance with Diamond Work Instruction

No. 21, dated March 20, 1996, as referenced

in Diamond Service Bulletin No. 51, dated

March 30, 1996; Hoffman Work Instruction

No. 10, dated May 29, 1991, as referenced in

Hoffman Service Bulletin No. 27, dated May

31, 1991; and Hoffman Service Bulletin 17,

dated January 20, 1987. This incorporation

by reference was approved by the Director of

the Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR part 51. Copies may

be obtained from Diamond Aircraft

Industries, G.m.b.H., N.A. Otto-Strabe 5, A–

2700, Wiener Neustadt, Austria. Copies may

be inspected at the FAA, Central Region,

Office of the Regional Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri, or

at the Office of the Federal Register, 800

North Capitol Street, NW, suite 700,

Washington, DC.

Note 3: The subject of this AD is addressed

in Austrian AD No. 85, dated May 29, 1996,

for the elevator condition; Austrian AD No.

63, not dated, for the wheel axle screws

condition; and Austrian AD No. 54, not

dated, for the shoulder harness fittings

condition.

(h) This amendment becomes effective on

June 15, 1998.

Issued in Kansas City, Missouri, on April

21, 1998.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–11162 Filed 4–29–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–130–AD; Amendment

39–10507; AD 98–09–26]

RIN 2120–AA64

Airworthiness Directives; Dassault

Model Falcon 2000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Dassault Model

Falcon 2000 series airplanes. This

action requires revising the Airplane

Flight Manual (AFM) to provide the

flightcrew with procedures for

monitoring and properly setting the fuel

booster pump pressure; and repetitive

visual inspections of the fuel lines to

detect fatigue cracking and fuel leakage.

This action also requires a one-time

inspection of the fuel lines to detect

cracking, replacement of any discrepant

part with a new part, and installation of

new brackets between the pressure
23660 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations

switch and the fuel pump of the

numbers 1 and 2 engines, which

constitutes terminating action for the

repetitive inspections and the AFM

revision. This amendment is prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified in this AD are

intended to prevent fatigue cracking of

the fuel line at the pressure switch

pickoff point, which could result in fuel

leakage and potential engine fire.

DATES: Effective May 15, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 15,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

June 1, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

130–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Dassault

Falcon Jet, P.O. Box 2000, South

Hackensack, New Jersey 07606. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: The

Direction Ge ́ne ́rale de l’Aviation Civile

(DGAC), which is the airworthiness

authority for France, notified the FAA

that an unsafe condition may exist on

certain Dassault Model Falcon 2000

series airplanes. The DGAC advises that

it has received several reports of leakage

of fuel from the engine fuel pressure

switch line on the number 1 engine. The

cause of the leaking was determined to

be fatigue cracks caused by excessive

vibrations of the pressure switch. Such

fatigue cracking, if not corrected, could

result in fuel leakage and potential

engine fire.

Explanation of Relevant Service

Information

Dassault Aviation has issued Service

Bulletin F2000–123 (F2000–28–7),

dated November 14, 1997, which

describes procedures for a one-time dye

penetrant inspection for fatigue cracking

in the fuel lines; replacement of

discrepant parts with new parts; and

installation of new brackets between the

pressure switch and the fuel pump of

the numbers 1 and 2 engines.

Installation of new brackets, when

accomplished, eliminates the need for

the AFM revision. Accomplishment of

the actions specified in the service

bulletin is intended to adequately

address the identified unsafe condition.

The DGAC classified this service

information as mandatory and issued

French airworthiness directive 98–020–

005(B), dated January 28, 1998, in order

to assure the continued airworthiness of

these airplanes in France.

FAA’s Conclusions

This airplane model is manufactured

in France and is type certificated for

operation in the United States under the

provisions of section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the DGAC has kept the FAA informed

of the situation described above. The

FAA has examined the findings of the

DGAC, reviewed all available

information, and determined that AD

action is necessary for products of this

type design that are certificated for

operation in the United States.

Explanation of Requirements of Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, this AD is being issued to

prevent fatigue cracking of the fuel line

at the pressure switch pickoff point,

which could result in fuel leakage and

potential engine fire. This AD requires:

—Revising the Limitations and

Abnormal Procedures Sections of the

AFM to provide the flightcrew with

procedures for monitoring and

properly setting the fuel booster pump

pressure;

—Repetitive visual inspections of the

fuel lines to detect fatigue cracking

and fuel leakage, in accordance with

the airplane maintenance manual; and

—a one-time dye penetrant inspection

of the fuel lines to detect cracking;

replacement of the fuel lines, if

necessary; and installation of new

brackets between the pressure switch

and the fuel pump of the number 1

and 2 engines; in accordance with the

service bulletin described previously.

Accomplishment of the installation

terminates the AFM revision and

repetitive inspections.

Differences Between the Rule, Service

Bulletin, and French Airworthiness

Directive

Operators should note that the service

bulletin recommends accomplishing the

one-time dye penetrant inspection and

the installation ‘‘at the first

opportunity.’’ The French airworthiness

directive requires revising the AFM

prior to further flight, and the one-time

inspection and installation of brackets

within 60 days. However, this AD

differs from the service bulletin and

French airworthiness directive in that it

requires revising the AFM within 5

days, and accomplishing the one-time

inspection and installation within 45

days.

In developing appropriate compliance

times for this AD, the FAA considered

not only the recommendations of the

manufacturer and the DGAC, but the

degree of urgency associated with

addressing the subject unsafe condition,

the average utilization of the affected

fleet, and the time necessary to perform

the AFM revision, dye penetrant

inspection, and installation. In light of

all of these factors, the FAA finds a 5-

day compliance time for accomplishing

the AFM revision, and a 45-day

compliance time for initiating the

required dye penetrant inspection and

installation of new brackets to be

warranted, in that those times represent

appropriate intervals of time allowable

for affected airplanes to continue to

operate without compromising safety.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations 23661

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98–NM–130–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (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. Section 39.13 is amended by

adding the following new airworthiness

directive:

98–09–26 Dassault Aviation: Amendment

39–10507. Docket 98–NM–130–AD.

Applicability: Model Falcon 2000 series

airplanes; serial numbers 2 through 49

inclusive, and 51; certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent fatigue cracking of the fuel line

at the pressure switch pickoff point, which

could result in fuel leakage and potential

engine fire, accomplish the following:

(a) Within 5 days after the effective date of

this AD, revise the Limitations and Abnormal

Procedures Sections of the FAA-approved

Airplane Flight Manual (AFM) to include the

following procedures, which will enable the

flightcrew to monitor and properly set the

fuel booster pump pressure. This may be

accomplished by inserting a copy of this AD

in the AFM.

‘‘FILING INSTRUCTIONS

Insert this page adjacent to page 3–160–1.

FUEL—LOW BOOSTER PUMP PRESSURE

Until compliance with SB F2000–123, the

paragraph ‘‘If FUEL.. light remains on:’’ is

modified as follows:

llll If FUEL.. light remains

on:

• X–BP rotary switch ............ Closed

• X–BP light ........................... OutChecked

• Associated fuel quantity indicator.Monitored

• ESS/RH bus tie rotary

switch.

Tied

• Associated engine power

lever.

IDLE detent

• Associated engine FUEL

ENG switch.

OFF

• Associated engine FUEL

SHUT–OFF switch.

Actuated

• Associated ENG ANTI-ICE

switch.

Off

• Associated GEN switch ...... Off

llll If engine 2 is shutdown, complete the above

procedure with:

• HYDR 2 ISOL switch ......... OPEN’’

Note 2: The revision of the AFM required

by this paragraph may be accomplished by

inserting a copy of Falcon 2000 AFM

Temporary Change No. 65 in the AFM. When

this temporary change has been incorporated

into general revisions of the AFM, the general

revisions may be inserted in the AFM,

provided the information contained in the

general revision is identical to that specified

in Falcon 2000 AFM Temporary Change No.

65.

(b) Within 5 days after the effective date of

this AD, perform a visual inspection of the

fuel lines to detect fatigue cracking and fuel

leakage, in accordance with Procedure 05.100

of Chapter 5.40 of Revision 4 of the Dassault

Aviation Falcon 2000 Airplane Maintenance

Manual.

(1) If no discrepancy is detected, repeat the

visual inspection daily thereafter until the

requirements of paragraph (c) of this AD have

been accomplished.

(2) If any discrepancy is detected, prior to

further flight, accomplish the requirements of

paragraph (c) of this AD.

(c) Within 45 days after the effective date

of this AD, accomplish the actions specified

in paragraphs (c)(1) and (c)(2) of this AD, in

accordance with Dassault Aviation Service

Bulletin F2000–123 (F2000–28–7), dated

November 14, 1997.

(1) Perform a one-time dye penetrant

inspection of the fuel lines to detect cracking.

If any cracking is detected, prior to further

flight, replace the discrepant part with a new

part, in accordance with the service bulletin.

And

(2) Install new brackets between the

pressure switch and the fuel pump of each

engine in accordance with the service

bulletin. Accomplishment of this installation

constitutes terminating action for the

requirements of paragraphs (a) and (b) of this

AD. Following accomplishment of paragraph

(c) of this AD, the AFM revision required by

paragraph (a) may be removed from the AFM.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR
23662 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(f) Except as required by paragraph (b) of

this AD, the actions shall be done in

accordance with Dassault Aviation Service

Bulletin F2000–123 (F2000–28–7), dated

November 14, 1997. This incorporation by

reference was approved by the Director of the

Federal Register in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Copies may be

obtained from Dassault Falcon Jet, P.O. Box

2000, South Hackensack, New Jersey 07606.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 4: The subject of this AD is addressed

in French airworthiness directive 98–020–

005(B), dated January 28, 1998.

(g) This amendment becomes effective on

May 15, 1998.

Issued in Renton, Washington, on April 22,

1998.

Gary L. Killion,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–11315 Filed 4–29–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD01 97–017]

RIN 2115–AA98

Special Anchorage Area: Special

Anchorage, Hudson River, at Hyde

Park, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

disestablishing the special anchorage

located at Hyde Park, NY. The

Poughkeepsie Yacht Club requested the

disestablishment of this special

anchorage because it is unsuitable for its

intended purpose. Any vessels seeking

to anchor in this area will be required

to exhibit anchorage lights in

accordance with the Rules of the Road.

DATES: This final rule is effective June

1, 1998.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the Waterways

Oversight Branch, Coast Guard

Activities New York, 212 Coast Guard

Drive, Staten Island, New York, 10305,

between 9:30 a.m. and 2 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 718–354–

4195.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Alma P.

Kenneally, (718) 354–4195.

SUPPLEMENTARY INFORMATION:

Regulatory History

On July 18, 1997 the Coast Guard

published a notice of proposed

rulemaking entitled Special Anchorage

Area: Special Anchorage, Hudson River,

at Hyde Park, NY in the Federal

Register (62 FR 38511). Interested

persons were requested to submit

comments on or before September 16,

1997. The Coast Guard received no

comments on this proposal. A public

hearing was not requested and one was

not held. The Coast Guard is

promulgating the final rule as proposed.

Background and Purpose

The Poughkeepsie Yacht Club

requested the disestablishment of the

special anchorage located at mile 72.7

on the east bank of the Hudson River,

at Hyde Park, NY. This special

anchorage is described in 33 CFR

110.60, paragraph (p-3). Special

anchorages are areas of water in which

vessels of not more than 65 feet in

length may anchor without exhibiting

anchor lights. The Poughkeepsie Yacht

Club lies adjacent to this special

anchorage and is its principal user.

However, the Poughkeepsie Yacht Club

requested disestablishment for the

following reasons:

(1) The Special anchorage is a

hindrance to yacht club activities, many

of which occur within the limited area

available which is not encumbered by

the seasonal weed bed or the shallow

water depth at mean low water;

(2) The special anchorage is not used

in the winter. All yacht club moorings

and docks must be removed annually in

this reach of the Hudson River due to

the substantial ice build up; and

(3) Transient vessels anchor

approximately 1500 feet north of the

special anchorage to use Esopus Island

as a breakwater to block wake action

caused by commercial shipping which

transits west of the island.

Discussion of Comments and Changes

No comments were received and

therefore no changes were considered.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

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

Order. It has not been reviewed by the

Office of Management and Budget under

that Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecesary. The principal users of this

special anchorage are the members of

the Poughkeepsie Yacht Club who fully

understand the impact of their request.

Additionally, the Coast Guard is

unaware of any boaters other than the

members of the Poughkeepsie Yacht

Club who anchor or use moorings in

this special anchorage.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

For the reasons discussed in the

Regulatory Evaluation section above, the

Coast Guard certifies under Section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. et seq.) that this final rule will

not have a significant economic impact

on a substantial number of small

entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that it does not have

sufficient implications for federalism to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under 2.B.2.b(34)(f) of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket for inspection or copying where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 110

Anchorage grounds.