Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules 38643 

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) 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. 

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 adding 

the following new airworthiness 

directive (AD): 

The Boeing Company: Docket No. FAA– 

2017–0773; Product Identifier 2017– 

NM–067–AD. 

(a) Comments Due Date 

We must receive comments by September 

29, 2017. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all The Boeing 

Company Model 737–100, –200, –200C, 

–300, –400, and –500 series airplanes, 

certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by the report of a 

crack indication in the horizontal flange of 

the lower chord of the left wing rear spar at 

wing buttock line (WBL) 157 and multiple 

reports of similar crack findings on other 

airplanes. We are issuing this AD to detect 

and correct cracking of the lower chord of the 

rear spar and the lower aft skin at WBL 157. 

Undetected cracks could lead to the inability 

of the lower chord of the rear spar, a 

principal structural element, to sustain limit 

load, which could adversely affect the 

structural integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) For Group 2 airplanes identified in 

Boeing Alert Service Bulletin 737–57A1333, 

dated May 12, 2017: Except as required by 

paragraph (h) of this AD, at the applicable 

times specified in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–57A1333, dated May 12, 2017, 

do all applicable actions identified as ‘‘RC’’ 

(required for compliance) in, and in 

accordance with, the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–57A1333, dated May 12, 2017. 

(2) For Group 1 airplanes identified in 

Boeing Alert Service Bulletin 737–57A1333, 

dated May 12, 2017: Within 120 days after 

the effective date of this AD, inspect the 

airplane and do all applicable corrective 

actions using a method approved in 

accordance with the procedures specified in 

paragraph (i) of this AD. 

(h) Exceptions to Service Information 

Specifications 

(1) Where Boeing Alert Service Bulletin 

737–57A1333, dated May 12, 2017, uses the 

phrase ‘‘after the original issue date of this 

service bulletin,’’ for purposes of determining 

compliance with the requirements of this AD, 

the phrase ‘‘after the effective date of this 

AD’’ must be used. 

(2) Where Boeing Alert Service Bulletin 

737–57A1333, dated May 12, 2017, specifies 

contacting Boeing, and specifies that action 

as RC: This AD requires using a method 

approved in accordance with the procedures 

specified in paragraph (i) of this AD. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles ACO 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 local Flight Standards 

District Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in paragraph (j)(1) of 

this AD. Information may be emailed to: 9- 

ANM-LAACO-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, 

modification, or alteration required by this 

AD if it is approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO Branch, to make those findings. To be 

approved, the repair method, modification 

deviation, or alteration deviation must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) Except as required by paragraph (h)(2) 

of this AD: For service information that 

contains steps that are labeled as RC, the 

provisions of paragraphs (i)(4)(i) and (i)(4)(ii) 

of this AD apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or substep is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

substep. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(j) Related Information 

(1) For more information about this AD, 

contact Payman Soltani, Aerospace Engineer, 

Airframe Section, FAA, Los Angeles ACO 

Branch, 3960 Paramount Boulevard, 

Lakewood, CA 90712–4137; phone: 562–627– 

5313; fax: 562–627–5210; email: 

payman.soltani@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; Internet https://

www.myboeingfleet.com. You may view this 

referenced service information at the FAA, 

Transport Standards Branch, 1601 Lind 

Avenue SW., Renton, WA. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 

Issued in Renton, Washington, on August 

2, 2017. 

Jeffrey E. Duven, 

Director, System Oversight Division, Aircraft 

Certification Service. 

[FR Doc. 2017–16774 Filed 8–14–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket Number USCG–2015–0549] 

RIN 1625–AA01 

Anchorage Grounds; Galveston 

Harbor, Bolivar Roads Channel, 

Galveston, Texas 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

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38644 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules 

SUMMARY: The Coast Guard proposes to 

establish a new anchorage area, 

Anchorage Area Alpha (A) East in 

Bolivar Roads near Galveston, Texas. 

The establishment of this additional 

anchorage area would enhance 

navigational safety, support regional 

maritime security needs, and contribute 

to the free flow of commerce in the 

Houston-Galveston area. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before October 16, 2017. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2015–0549 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Commander (LCDR) Navin Griffin, 

Sector Houston-Galveston, U.S. Coast 

Guard; telephone (281) 464–4736, email 

Navin.L.Griffin@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The legal basis and authorities for this 

notice of proposed rulemaking are 

found in 33 U.S.C. 471, 1221 through 

1236; 33 CFR 1.05–1, Department of 

Homeland Security Delegation No. 

0170.1, which collectively authorize the 

Coast Guard to propose, establish, and 

define regulatory anchorages. 

After extensive discussion, including 

the observations of and comments from 

various members of the port 

community, the Coast Guard has 

determined that the establishment of 

Anchorage Area (A) East in the Bolivar 

Roads area is necessary to address port 

security, port congestion, and 

navigation safety concerns. The 

proposed anchorage area was once an 

area utilized for spoils from dredging 

and is equipped to safely receive deep 

draft vessels. This proposed anchorage 

is primarily intended as an overflow 

anchorage for vessels that are awaiting 

an exam or inspection. We are 

proposing to amend 33 CFR 110.197 to 

establish Anchorage Area (A) East in 

order to increase the safety of life and 

property on navigable waters, improve 

the safety of vessels operating, 

transiting, or anchored and moored in 

the vicinity, and provide for the overall 

safe and efficient flow of vessel traffic 

and commerce in the area. 

The Coast Guard has ascertained the 

view of the Galveston, TX District and 

Division Engineer, Corps of Engineers, 

U.S. Army, about the specific provisions 

of this proposed rule. 

III. Discussion of Proposed Rule 

The Coast Guard is proposing to 

establish a new anchorage area to be 

known as Anchorage Area Alpha (A) 

East. This anchorage area would be 

located in the Galveston Harbor and 

Bolivar Roads Channel, TX, just east 

and adjacent to established Anchorage 

Area (A) in 33 CFR 110.197(a)(1). The 

boundaries of Anchorage Area Alpha 

(A) East are presented in proposed 

§ 110.197(a)(4) in the regulatory text at 

the end of this document. The 

anchorage area would be approximately 

0.19 square miles. 

Proposed Anchorage Area (A) East is 

intended for temporary use by vessels of 

all types. Vessels will be allowed to 

occupy the anchorage areas during a 

wide range of conditions and for a broad 

variety of purposes. For example, 

vessels would be allowed to anchor 

temporarily while taking on stores, 

transferring personnel, or engaging in 

bunkering operations. Vessels would 

also be allowed to use anchorage areas 

while awaiting weather and other 

conditions favorable to resuming their 

voyage. However, it is to be emphasized 

that this anchorage is primarily 

intended as an overflow anchorage for 

vessels that are awaiting an exam or 

inspection. Vessels would not be 

allowed to anchor so as to obstruct the 

passage of other vessels proceeding to 

and from anchorage spaces. Anchors 

would not be placed in the channel and 

no portion of the hull or rigging would 

be allowed to extend outside the limits 

of the anchorage area. 

Whenever the maritime or 

commercial interests of the United 

States so require, the Captain of the Port 

Houston-Galveston or his designated 

representative may direct the movement 

of any vessel anchored or moored 

within the anchorage areas. 

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 a number of these statutes and 

Executive orders and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this NPRM 

has not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the location and size of the 

proposed anchorage grounds, as well as 

historical automatic identification 

system (AIS) data. The impacts on 

routine navigation are expected to be 

minimal because the proposed 

anchorage area is located outside of the 

established navigation channel. When 

not occupied, vessels would be able to 

maneuver in, around, and through the 

anchorage. Operators on our end 

maneuvering their vessels around the 

limits of the proposed anchorage area 

would not be significantly impacted. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 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. 

The number of small entities 

impacted and the extent of the impact, 

if any, is expected to be minimal. The 

anchorage area is located in an area of 

Bolivar Roads that is not a popular or 

productive fishing location. Further, the 

location is in an area not routinely 

transited by vessels heading to, or 

returning from, known fishing grounds. 

Finally, the anchorage is located in an 

area that is not currently used by small 

entities, including small vessels, for 

anchoring due to the depth of water 

naturally present in the area. 

If you think that your business, 

organization, or governmental 

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Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules 38645 

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 not call for 

a 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 government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this proposed rule under that 

Order and have determined that it is 

consistent with the fundamental 

federalism principles and preemption 

requirements described in Executive 

Order 13132. 

Also, this proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have made a 

preliminary determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. This proposed rule 

involves the establishment of a 

permanent anchorage area in Bolivar 

Roads near Galveston, Texas. Normally 

such actions are categorically excluded 

from further review under paragraph 

34(f) of Figure 2–1 of Commandant 

Instruction M16475.lD. A preliminary 

environmental analysis checklist and 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 110 as follows: 

PART 110 ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2071; 33 CFR 1.05–1; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. In § 110.197, add new paragraph 

(a)(4) to read as follows: 

§ 110.197 Galveston Harbor, Bolivar Roads 

Channel, Texas. 

(a) * * * 

(4) Anchorage Area (A) East. The 

waters bounded by a line connecting the 

following points: 

Latitude Longitude 

29°21′5.87′′ N ............ 094°42’52.7′′ W 

29°20′53.99′′ N .......... 094°42′7.13′′ W 

29°20′45.31′′ N .......... 094°42′37.75′′ W 

29°20′39.16′′ N .......... 094°42′7.81′′ W 

and thence to the point of beginning. 

The coordinates are based on NAD 83. 

* * * * * 

David R. Callahan, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2017–17144 Filed 8–14–17; 8:45 am] 

BILLING CODE 9110–04–P 

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