Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Proposed Rules 33457 

(2) For more information about this AD, 

contact Deep Gaurav, Aerospace Engineer, 

Airframe and Propulsion Section, FAA, New 

York ACO Branch, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone 

516–228–7300; email 9-avs-nyaco-cos@

faa.gov. 

(3) For service information identified in 

this AD, contact MHI RJ Aviation Group, 

Customer Response Center, 3655 Ave. des 

Grandes-Tourelles, Suite 110, Boisbriand, 

Que ́bec J7H 0E2 Canada; North America tollfree telephone 833–990–7272 or direct-dial 

telephone 450–990–7272; fax 514–855–8501; 

email thd.crj@mhirj.com; internet https://

mhirj.com. You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety Branch, 

2200 South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

Issued on May 24, 2022. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2022–11803 Filed 6–1–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0595; Project 

Identifier MCAI–2021–01180–T] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Defense and Space S.A. (Formerly 

Known as Construcciones 

Aeronauticas, S.A.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

AD 2021–16–07, which applies to 

certain Airbus Defense and Space S.A. 

Model C–212–CB, C–212–CC, C–212– 

CD, C–212–CE, C–212–CF, C–212–DE, 

and C–212–DF airplanes. AD 2021–16– 

07 requires repetitive inspections of the 

left-hand (LH) and right-hand (RH) side 

center wing fairings at a certain frame, 

around the wing leading edge for 

discrepancies (cracks), and repair if 

necessary. Since the FAA issued AD 

2021–16–07, a modification was 

developed to reinforce the structure in 

the affected area, providing an optional 

terminating action for the repetitive 

inspections required by AD 2021–16– 

07. This proposed AD would continue 

to require the actions in AD 2021–16– 

07 and would allow new optional 

terminating action for the repetitive 

inspections, as specified in a European 

Union Aviation Safety Agency (EASA) 

AD, which is proposed for incorporation 

by reference. The FAA is proposing this 

AD to address the unsafe condition on 

these products. 

DATES: The FAA must receive comments 

on this proposed AD by July 18, 2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, 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 material that will be incorporated 

by reference (IBR) in this AD, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this material on the EASA website 

at https://ad.easa.europa.eu. You may 

view this material at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0595. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0595; or in person at Docket 

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

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, the mandatory continuing 

airworthiness information (MCAI), any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Shahram Daneshmandi, Aerospace 

Engineer, Large Aircraft Section, FAA, 

International Validation Branch, 2200 

South 216th St., Des Moines, WA 98198; 

telephone 206–231–3220; email 

shahram.daneshmandi@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2022–0595; Project Identifier 

MCAI–2021–01180–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Shahram 

Daneshmandi, Aerospace Engineer, 

Large Aircraft Section, FAA, 

International Validation Branch, 2200 

South 216th St., Des Moines, WA 98198; 

telephone 206–231–3220; email 

shahram.daneshmandi@faa.gov. Any 

commentary that the FAA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

Background 

The FAA issued AD 2021–16–07, 

Amendment 39–21669 (86 FR 47210, 

August 24, 2021) (AD 2021–16–07), 

which applies to certain Airbus Defense 

and Space S.A. Model C–212–CB, C– 


jspears on DSK121TN23PROD with PROPOSALS1
33458 Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Proposed Rules 

212–CC, C–212–CD, C–212–CE, C–212– 

CF, C–212–DE, and C–212–DF 

airplanes. AD 2021–16–07 requires 

repetitive inspections of the LH and RH 

side center wing fairings at a certain 

frame, around the wing leading edge for 

discrepancies (cracks), and repair if 

necessary. The FAA issued AD 2021– 

16–07 to address cracks on the LH and 

RH side fuselage skin and on frame (FR) 

5 underneath the skin, near the leading 

edge of the wing, which could affect the 

structural integrity of the airplane. 

Actions Since AD 2021–16–07 Was 

Issued 

Since the FAA issued AD 2021–16– 

07, a modification was developed to 

reinforce the structure in the affected 

area, which is an optional terminating 

action for the repetitive inspections 

required by AD 2021–16–07. 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2020– 

0182R1, dated October 29, 2021 (EASA 

AD 2020–0182R1) (also referred to as 

the MCAI), to correct an unsafe 

condition for certain Airbus Defense 

and Space S.A. Model C–212–CB, C– 

212–CC, C–212–CD, C–212–CE, C–212– 

CF, C–212–DD, C–212–DE, C–212–DF, 

C–212–EE and C–212–VA airplanes. 

Model C–212–DD, C–212–EE, and C– 

212–VA airplanes are not certificated by 

the FAA and are not included on the 

U.S. type certificate data sheet; this AD 

therefore does not include those 

airplanes in the applicability. 

This proposed AD was prompted by 

a report of cracks on the LH and RH side 

fuselage skin and on a certain frame 

underneath the skin, near the leading 

edge of the wing, and the development 

of a modification to reinforce the 

structure in the affected area. The FAA 

is proposing this AD to address cracks 

on the LH and RH side fuselage skin and 

on FR 5 underneath the skin, near the 

leading edge of the wing, which could 

affect the structural integrity of the 

airplane. See the MCAI for additional 

background information. 

Explanation of Retained Requirements 

Although this proposed AD does not 

explicitly restate the requirements of AD 

2021–16–07, this proposed AD would 

retain all of the requirements of AD 

2021–16–07. Those requirements are 

referenced in EASA AD 2020–0182R1, 

which, in turn, is referenced in 

paragraph (g) of this proposed AD. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2020–0182R1 specifies 

procedures for repetitive detailed visual 

inspections of the LH and RH side 

center wing fairings at FR 5, around the 

wing leading edge for discrepancies 

(cracks) and repair, and for a 

modification to reinforce the structure 

in the affected area, which terminates 

the repetitive inspections. 

This material 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. 

FAA’s Determination 

These products have been approved 

by the aviation authority of another 

country and are approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the State 

of Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI referenced above. The FAA 

is issuing this NPRM after determining 

that the unsafe condition described 

previously is likely to exist or develop 

in other products of these same type 

designs. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

EASA AD 2020–0182R1 described 

previously, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, the FAA proposes to 

incorporate EASA AD 2020–0182R1 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with EASA AD 2020– 

0182R1 in its entirety through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

Using common terms that are the same 

as the heading of a particular section in 

EASA AD 2020–0182R1 does not mean 

that operators need comply only with 

that section. For example, where the AD 

requirement refers to ‘‘all required 

actions and compliance times,’’ 

compliance with this AD requirement is 

not limited to the section titled 

‘‘Required Action(s) and Compliance 

Time(s)’’ in EASA AD 2020–0182R1. 

Service information required by EASA 

AD 2020–0182R1 for compliance will be 

available at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2022–0595 after the FAA final 

rule is published. 

Costs of Compliance 

The FAA estimates that this proposed 

AD affects 45 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Retained actions from AD 2021–16– 

07.

3 work-hours × $85 per hour = $255 ............................ $0 $255 $11,475 

The FAA has received no definitive 

data on which to base the cost estimates 

for the on-condition repairs specified in 

this proposed AD. 

ESTIMATED COSTS FOR OPTIONAL ACTIONS

Labor cost Parts cost Cost per product 

Up to 29 work-hours × $85 per hour = $2,465 ............................................................................................... $14,464 Up to $16,929. 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Proposed Rules 33459 

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. 

The FAA is 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 

The FAA determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(3) Would 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

■ a. Removing Airworthiness Directive 

(AD) 2021–16–07, Amendment 39– 

21669 (86 FR 47210, August 24, 2021); 

and 

■ b. Adding the following new AD: 

Airbus Defense and Space S.A. (Formerly 

Known as Construcciones Aeronauticas, 

S.A.): Docket No. FAA–2022–0595; 

Project Identifier MCAI–2021–01180–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by July 18, 2022. 

(b) Affected ADs 

This AD replaces AD 2021–16–07, 

Amendment 39–21669 (86 FR 47210, August 

24, 2021) (AD 2021–16–07). 

(c) Applicability 

This AD applies to Airbus Defense and 

Space S.A. (formerly known as 

Construcciones Aeronauticas, S.A.) Model C– 

212–CB, C–212–CC, C–212–CD, C–212–CE, 

C–212–CF, C–212–DE, and C–212–DF 

airplanes, certificated in any category, as 

identified in European Union Aviation Safety 

Agency (EASA) AD 2020–0182R1, dated 

October 29, 2021 (EASA AD 2020–0182R1). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by a report of 

cracks on the left-hand (LH) and right-hand 

(RH) side fuselage skin and on frame (FR) 5 

underneath the skin, near the leading edge of 

the wing, and the development of a 

modification to reinforce the structure in the 

affected area. The FAA is issuing this AD to 

address cracks on the LH and RH side 

fuselage skin and on FR 5 underneath the 

skin, near the leading edge of the wing, 

which could affect the structural integrity of 

the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2020–0182R1. 

(h) Exceptions to EASA AD 2020–0182R1 

(1) Where EASA AD 2020–0182R1 refers to 

its effective date, this AD requires using the 

effective date of this AD. 

(2) Where EASA AD 2020–0182R1 refers to 

refers to August 27, 2020 (the effective date 

of EASA AD 2020–0182), this AD requires 

using September 28, 2021 (the effective date 

of AD 2021–16–07). 

(3) Where paragraph (2) of EASA AD 2020– 

0182R1 specifies to ‘‘contact Airbus D&S for 

approved instructions and accomplish those 

instructions accordingly’’ if discrepancies are 

detected, for this AD if any cracking is 

detected, the cracking must be repaired 

before further flight using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus Defense and Space S.A.’s 

EASA Design Organization Approval (DOA). 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(4) The ‘‘Remarks’’ section of EASA AD 

2020–0182R1 does not apply to this AD. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2020–0182R1 

specifies to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Additional FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, International Validation Branch, 

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 responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (k)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the responsible 

Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus Defense and Space S.A.’s 

EASA Design Organization Approval (DOA). 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(k) Related Information 

(1) For EASA AD 2020–0182R1, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. You may view this 

material at the FAA, Airworthiness Products 

Section, Operational Safety Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. This 

material may be found in the AD docket at 

https://www.regulations.gov by searching for 

and locating Docket No. FAA–2022–0595. 

(2) For more information about this AD, 

contact Shahram Daneshmandi, Aerospace 

Engineer, Large Aircraft Section, FAA, 

International Validation Branch, 2200 South 

216th St., Des Moines, WA 98198; telephone 

206–231–3220; email 

shahram.daneshmandi@faa.gov. 


jspears on DSK121TN23PROD with PROPOSALS1
33460 Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Proposed Rules 

Issued on May 25, 2022. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2022–11802 Filed 6–1–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0015] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Grand Canal, Indian Harbour Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

modify the operating schedule that 

governs the Lansing Island Bridge across 

Grand Canal, mile 0.7 at Indian Harbour 

Beach, FL. A request was made to the 

Coast Guard to allow the drawbridge to 

remain closed to navigation and 

untended during the overnight hours 

due to a lack of requested openings. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and relate material 

must reach the Coast Guard on or before 

July 5, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0015 using Federal Decision 

Making Portal at https://

www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Ms. Jennifer Zercher, 

Bridge Management Specialist, Seventh 

Coast Guard District, telephone 305– 

415–6740, email Jennifer.N.Zercher@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

FL Florida 

II. Background, Purpose and Legal 

Basis 

The Lansing Island Bridge across 

Grand Canal, mile 0.7, at Indian 

Harbour Beach, FL is a single-leaf 

bascule bridge with a 16 foot vertical 

clearance at mean high water in the 

closed position. The normal operating 

schedule for the bridge is set forth in 33 

CFR 117.285(a). Navigation on the 

waterway consists mainly of 

recreational mariners. 

The bridge owner, Lansing Island 

Homeowners Association, Inc. 

requested the Coast Guard consider 

allowing the drawbridge to remain 

closed to navigation and untended 

during the overnight hours due to a lack 

of requested openings. We requested a 

copy of the bridge logs from January 1, 

2021 through November 30, 2021. After 

reviewing the logs, the Coast Guard 

found the drawbridge provided three 

openings between the hours of 10 p.m. 

and 6 a.m. Two channels provide 

alternate access to Grand Canal. Vessels 

that can pass beneath the bridge without 

an opening may do so at any time. 

On February 1, 2022, the Coast Guard 

published a Test Deviation entitled 

Drawbridge Operation Regulation; 

Grand Canal, Indian Harbour Beach, FL 

in the Federal Register (87 FR 5401). 

Zero comments received. 

III. Discussion of Proposed Rule 

The proposed rule will allow the 

drawbridge to remain closed to 

navigation and untended during the 

overnight hours seven days a week. Two 

channels provide alternate access to 

Grand Canal. 

This proposed change would still 

allow vessels that are capable of 

transiting under the bridge, without an 

opening, to do so at any time. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and Executive 

Orders. 

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. 

This NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the ability that vessels 

capable of transiting under the bridge, 

without an opening, may do so at any 

time and alternate routes for vessels to 

transit Grand Canal are available. 

B. 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 entities during rulemaking. The 

term ‘‘small entities’’ comprises 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. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the bridge 

may be small entities, for the reasons 

stated in section IV.A above this 

proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule. If the 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

C. Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism), if it has a substantial 

direct effect on the States, on the 

relationship between the National 


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