[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Rules and Regulations]
[Pages 30949-30953]
[FR Doc No: 2017-13759]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9071; Directorate Identifier 2016-NM-019-AD;
Amendment 39-18942; AD 2017-13-12]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -
214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -
211, -212, -213, -231, and -232 airplanes. This AD was prompted by an
evaluation by the design approval holder (DAH), which indicates that
the main landing gear (MLG) does not comply with certification
specifications, which could result in a locking failure of the MLG side
stay. This AD requires modification or replacement of certain MLG side
stay assemblies. We are issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective August 9, 2017.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 9,
2017.

ADDRESSES: For Airbus service information identified in this final
rule, contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet: http://www.airbus.com.
    For Messier-Dowty service information identified in this final
rule, contact Messier-Dowty: Messier Services Americas, Customer
Support Center, 45360 Severn Way, Sterling, VA 20166-8910; telephone:
703-450-8233; fax:<PHONE_NUMBER>; Internet: https://techpubs.services/messier-dowty.com.
    You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9071.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9071; 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 street address for the Docket Office (telephone
800-647-5527) is Docket 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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Airbus Model A318 and
A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233
airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and
-232 airplanes. The NPRM published in the Federal Register on September
8, 2016 (81 FR 62035). The NPRM was prompted by an evaluation by the
DAH which indicates that the MLG does not comply with certification
specifications, which could result in a locking failure of the MLG side
stay. The NPRM proposed to require modification or replacement of
certain MLG side stay assemblies. We are issuing this AD to prevent
possible collapse of the MLG during takeoff and landing.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0018R1, dated September 14, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Airbus Model A318 and A319 series
airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes;
and Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes. The MCAI states:

    During studies for a new landing gear design, it was discovered
that the single-locked upper and lower cardan joints of the Main
Landing Gear (MLG) do not comply with the certification
specifications of (CS, formerly [Joint Aviation Requirements] JAR)
Part 25.607.
    This condition, if not corrected, could lead to MLG side stay
locking failure that, during take-off and landing, may result in
damage to the aeroplane and detrimental effect on safe flight.
    To address this potential unsafe condition, the MLG manufacturer
developed a modification to change the single-locked MLG joint into
a double-locked one. This modification is available for in-service
application through Messier-Bugatti-Dowty (MBD) Service Bulletin
(SB) 200-32-315 or SB 201-32-63, or Airbus SB A320-32-1429.
    For the reasons described above, EASA issued AD 2016-0018 to
require modification or replacement of the MLG side stay assemblies,
introducing the double locking of the MLG upper and lower cardan
joints.
    Following new engineering evaluation, this [EASA] AD is revised
to extend the compliance time. This revised [EASA] AD also clarifies
the affected Part Number (P/N) references in Appendix 1 by adding
Notes, and introduces some editorial changes without affecting the
requirements.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9071.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Support for the NPRM

    Air Line Pilots Association, International (ALPA), American
Airlines (AAL), and Allegiant Air (Allegiant) expressed support for the
NPRM.

Requests To Extend Compliance Time for the Proposed Modification/
Replacement

    Air France, AAL, Delta Airlines (DAL), and Virgin America (Virgin)
commented that EASA has released EASA AD 2016-0018R1, dated September
14, 2016 (``EASA AD 2016-0018R1''). The commenters pointed out that
EASA AD 2016-0018R1 extends the compliance time for the modification or
replacement from 66 months to 120 months following a new engineering
evaluation. Air France and Virgin America (Virgin) requested that the
FAA refer to EASA AD 2016-0018R1. DAL also asserts that the extension
would enable operators to accomplish the modification during MLG
overhauls with no impact on airline operations.
    We agree with the commenters' requests to extend the compliance
time for the modification or replacement. We have determined that,
based on the new engineering evaluation, extending the compliance time
will not adversely affect safety, and will provide operators more
flexibility regarding where and when they accomplish the required
actions. We have revised paragraph (g) of this AD to specify a
compliance time of within 120 months after the effective date of this
AD.

Requests To Refer to Updated Service Information

    Allegiant and DAL requested that we revise the NPRM to refer to
Airbus Service Bulletin A320-32-1429, Revision 01, dated February 29,
2016 (``Airbus Service Bulletin A320-32-1429, Revision 01''). The
commenters explained that Airbus Service Bulletin A320-32-1429,
Revision 01, contains corrected part numbers for certain MLG side stay
assemblies.
    We agree with the commenters for the reasons provided. We have
revised this AD to refer to Airbus Service Bulletin A320-32-1429,
Revision 01. We have also revised this AD to provide credit for actions
done before the effective date of this AD, if those actions were done
using Airbus Service Bulletin A320-32-1429, dated September 10, 2015.

Request To Change Tracking Method of Completed Modification

    AAL requested that we revise the NPRM to require the manufacturer
to change its method of adding a modification strike to track
accomplishment of the proposed modification. AAL suggested that the
manufacturer develop a new part number for easier tracking of a
completed modification.
    We disagree with the commenter's request. We have determined that
the actions required by this AD, as specified in the service
information, adequately address the unsafe condition. We have not
revised this AD in this regard. However, if the manufacturer revises
the service information in the future, operators may request approval
of an alternative method of compliance (AMOC), provided adequate data
are provided to substantiate that the AMOC provides an acceptable level
of safety.

Request To Postpone Release of This AD

    Allegiant requested that this AD be postponed until Airbus Service
Bulletin A320-32-1429, Revision 02, is published. Allegiant stated that
Revision 02 will incorporate updated information described in Airbus
Operators Information Transmission (OIT) 16-0028, Revision 01, dated
May 26, 2016. Allegiant pointed out that the Airbus OIT explains that
there could be difficulties with accomplishing the required actions
``on-wing,'' and that Airbus recommends postponing accomplishment of
the required actions. Allegiant asserts that Airbus Service Bulletin
A320-32-1429, Revision 02, is intended to provide an airplane jacking
procedure that could allow modification of the MLG while it is attached
to the airplane.
    We partially agree with the commenter's request. We do not agree to
delay issuance of this final rule. We have coordinated this issue with
Airbus, and Airbus does not recommend postponing accomplishment of
Airbus Service Bulletin A320-32-1429, Revision 01, altogether. Airbus
does recommend that operators planning to do the modification/
replacement ``on wing'' postpone accomplishment until the jacking
procedure is provided. Airbus also recommends that the modification/
replacement be accomplished when the airplane is ``in shop'' for
scheduled MLG overhaul.
    Operators are not required to accomplish the required modification
``on wing.'' We have revised paragraph (g)(1) of this AD to clarify
that the modification may be done ``off wing,'' provided the modified
MLG is reinstalled on the airplane. Additionally, as previously
explained, we have extended the compliance time in this AD, effectively
doubling the time in which operators have to accomplish the required
actions.

Request To Change Applicability From Airplane Model to MLG Component

    DAL requested that we revise the proposed applicability to apply to
the MLG side stays instead of the airplane model. DAL pointed out that
the MLG side stays are tracked independently from the airframe because
of the 10-year overhaul requirement for the landing gear. DAL reasons
that compliance could then be tracked at the component level,
simplifying compliance.
    We disagree with the commenter's request. Not all U.S. operators
may track the MLG parts using a method similar to that used by DAL.
Therefore, while the requested change might simplify compliance
tracking for DAL, it might complicate compliance tracking for other
operators. We have not revised this AD in this regard.

Request To Remove Statement Regarding Method of Repair

    DAL requested that we revise the proposed AD to remove the
statement

regarding the method of replacement specified in paragraph (g)(2) of
the proposed AD. Instead, DAL recommended allowing operators to replace
the MLG side stays using normal airplane maintenance manual (AMM)
procedures. DAL explains that the AMM procedures include both pre- and
post-modification procedures as specified in Airbus Service Bulletin
A320-32-1429, Revision 01. However, DAL pointed out that, as of the
effective date of this AD, paragraph (i) of the proposed AD states that
only post-modification MLG side stays may be installed, so only the
post-modification AMM procedures will apply. The pre-modification
procedures will be removed from the AMM, and there will be no risk of
de-modifying the MLG side stay.
    We disagree with the commenter's request. AMMs are customizable
documents that may be used for compliance with paragraph (g)(2) of this
AD only with an approved method of compliance. Operators may request
that their AMM be revised to show only the post-modification MLG
configuration for installing new MLG side stays, or request an AMOC to
use another acceptable method for installing the MLG side stays. We
have not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this 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
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We have reviewed the following service information.
     Airbus Service Bulletin A320-32-1429, Revision 01, dated
February 29, 2016.
     Messier-Bugatti-Dowty Service Bulletin 200-32-315, dated
April 24, 2015.
     Messier-Bugatti-Dowty Service Bulletin 201-32-63, dated
April 24, 2015.
    The service information describes procedures for modifying the MLG
side stay assembly. The Messier-Bugatti-Dowty documents are distinct
since they apply to different airplane models. This service information
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.

Costs of Compliance

    We estimate that this AD affects 959 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
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                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Replacement or modification...........  9 work-hour x $85 per            $14,104         $14,869     $14,259,371
                                         hour = $765.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2017-13-12 Airbus: Amendment 39-18942; Docket No. FAA-2016-9071;
Directorate Identifier 2016-NM-019-AD.

(a) Effective Date

    This AD is effective August 9, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any
category, all manufacturer serial numbers.
    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.
    (2) Airbus Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes.
    (3) Airbus Model A320-211, -212, -214, -231, -232, and -233
airplanes.
    (4) Airbus Model A321-111, -112, -131, -211, -212, -213, -231,
and -232 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
Gear.

(e) Reason

    This AD was prompted by an evaluation by the design approval
holder, which indicates that the main landing gear (MLG) does not
comply with certification specifications, which could result in a
locking failure of the MLG side stay. We are issuing this AD to
prevent possible collapse of the MLG during takeoff and landing.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Modification or Replacement

    Within 120 months after the effective date of this AD,
accomplish the action specified in paragraph (g)(1) or (g)(2) of
this AD.
    (1) Modify each MLG side stay assembly having a part number
listed in figure 1 to paragraphs (g), (h), and (i) of this AD, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-32-1429, Revision 01, dated February 29, 2016, and the
service information specified in paragraph (g)(1)(i) or (g)(1)(ii)
of this AD, as applicable. The modification may be done ``off
wing,'' provided the modified MLG is reinstalled on the airplane.
    (i) For Model A318 series airplanes; Model A319 series
airplanes; and Model A320-211, -212, -214, -231, -232, and -233
airplanes: Messier-Bugatti-Dowty Service Bulletin 200-32-315, dated
April 24, 2015.
    (ii) For Model A321 series airplanes: Messier-Bugatti-Dowty
Service Bulletin 201-32-63, dated April 24, 2015.
    (2) Replace the MLG side stay assembly with a side stay assembly
that has been modified in accordance with paragraph (g)(1) of this
AD. Do the replacement using a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA;
or The European Aviation Safety Agency (EASA); or Airbus's EASA
Design Organization Approval (DOA).

    Note 1 to paragraph (g)(2) of this AD:  Additional guidance for
the replacement can be found in Chapter 32 of the Airbus A318/A319/
A320/A321 Aircraft Maintenance Manual.

             Figure 1 to Paragraphs (g), (h), and (i) of This AD--Affected MLG Side Stay Assemblies
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                                                                                Strike No. not
           Models                                  Affected part Nos. (P/N)                          cancelled
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A318-111, -112, -121, and -   201166001-xxx \1\.................................................              12
 122 airplanes.
A319-111, -112, -113, -114, - 201166002-xxx \1\.................................................              12
 115, -131, -132, and -133
 airplanes; and
A320-211, -212, -214, -231, - 201166003-xxx \1\.................................................              12
 232, and -233 airplanes.
                              201166004-xxx \1\.................................................              12
                              201166005-xxx \1\.................................................              12
                              201166006-xxx \1\.................................................              12
                              201166007-xxx \1\.................................................              12
                              201166008-xxx \1\.................................................              12
                              201166009-xxx \1\.................................................              12
                              201166010-xxx \1\.................................................              12
                              201166011-xxx \1\.................................................              12
                              201166012-xxx \1\.................................................              12
                              201166013-000 through 201166013-030 inclusive \2\.................              12
                              201166014-000 through 201166014-030 inclusive \2\.................              12
A321-111, -112, and -131      201390001-000 through 201390001-040 inclusive \2\.................              15
 airplanes.                   201390002-000 through 201390002-040 inclusive \2\.................              15
                              201527001-000 through 201527001-025 inclusive \2\.................              15
                              201527002-000 through 201527002-025 inclusive \2\.................              15
A321-211, -212, -213, -231,   201524001-000 through 201524001-035 inclusive \2\.................              15
 and -232 airplanes.          201524002-000 through 201524002-035 inclusive \2\.................              15
                              201660001-000 through 201660001-030 inclusive \2\.................              15
                              201660002-000 through 201660002-030 inclusive \2\.................              15
----------------------------------------------------------------------------------------------------------------
\1\ The `xxx' used in this figure can be any 3-digit combination.
\2\ Units having a P/N with no dash number after the first 9 digits are also affected. Units having a P/N with
  the first 9 digits and a dash number higher than those listed, are not affected by the requirements of this
  AD.

(h) Unaffected Airplanes

    An airplane on which Airbus Modification (Mod) 156646, Airbus
Mod 161202, or Airbus Mod 161346 has been embodied in production is
not affected by the requirements of paragraph (g) of this AD,
provided it is determined that no part having a part number
identified in figure 1 to paragraphs (g), (h), and (i) of this AD,
has been installed on that airplane since the date of issuance of
the original certificate of airworthiness or the original export
certificate of airworthiness. A review of the airplane maintenance
records is acceptable to make this determination, provided that
these records are accurate and can be relied upon to conclusively
make that determination.

(i) Parts Installation Prohibition

    As of the effective date of this AD, do not install on any
airplane, an MLG side stay assembly having a part number, with the
strike number not cancelled, as identified in figure 1 to paragraphs
(g), (h), and (i) of this AD, unless it has been modified in
accordance with the requirements of paragraph (g) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Airbus Service Bulletin A320-32-1429, dated
September 10, 2015.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 International Branch, send it to the
attention of the person identified in paragraph (l)(2) of this AD.
Information may be emailed to<EMAIL_ADDRESS>
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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or
Airbus's EASA DOA. If approved

by the DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified 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 procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2016-0018R1, dated September 14, 2016, for related
information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2016-9071.
    (2) For more information about this AD, contact Sanjay Ralhan,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3), (m)(4), and (m)(5) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Service Bulletin A320-32-1429, Revision 01, dated
February 29, 2016.
    (ii) Messier-Bugatti-Dowty Service Bulletin 200-32-315, dated
April 24, 2015.
    (iii) Messier-Bugatti-Dowty Service Bulletin 201-32-63, dated
April 24, 2015.
    (3) For Airbus service information identified in this AD,
contact Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96;
fax: +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet: http://www.airbus.com.
    (4) For Messier-Dowty service information identified in this AD,
contact Messier-Dowty: Messier Services Americas, Customer Support
Center, 45360 Severn Way, Sterling, VA 20166-8910; telephone: 703-
450-8233; fax:<PHONE_NUMBER>; Internet: https://techpubs.services/messier-dowty.com.
    (5) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 19, 2017.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-13759 Filed 7-3-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Rules and Regulations]
[Pages 64345-64347]
[FR Doc No: 2016-22611]

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Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 /
Rules and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0733]
RIN 1625-AA08

Special Local Regulation; International Jet Sports Boating
Association; Lake Havasu City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is temporarily changing the enforcement date
of the special local regulation for the annual International Jet Sports
Boating Association event held on the navigable waters of the Colorado
River near Lake Havasu City, Arizona. The change of enforcement date
for the special local regulation is necessary to provide for the safety
of life on navigable waters during the event. This action will restrict
vessel traffic in the waters of the Colorado River near Lake Havasu,
Arizona, from 6:30 a.m. to 6:30 p.m. from October 1, 2016, to October
9, 2016. We invite your comments on this proposed rulemaking.

DATES: This rule is effective from October 1, 2016, through October 9,
2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0733 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Randolph Pahilanga, Waterways Management,
U.S. Coast Guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
TFR Temporary Final Rule
BNM Broadcast Notice to Mariners
LNM Local Notice to Mariners
COTP Captain of the Port

II. Regulatory Information

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency finds good cause that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule as there is not enough time to complete
notice and comment rulemaking before the event is scheduled to take
place. For this reason, publishing an NPRM would be impracticable.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. This rule is necessary
for the safety of life during the high-speed boat race on these
navigable waters. For the reasons above, it would be impracticable to
delay this rule to provide a full 30 days notice.

III. Background, Purpose and Legal Basis

    The International Jet Sports Boating Association race is an annual
recurring event listed in Table 1, Item 10 of 33 CFR 100.1102, Annual
Marine Events on the Colorado River for the San Diego COTP Zone.
Special local regulations exist for the marine event to allow for
special use of the Colorado River waterway for ten days. 33 U.S.C.
1233, authorizes the Coast Guard to establish and define special local
regulations to promote the safety of life on navigable waters during
regattas or marine parades. The enforcement date and regulated location
for this marine event are listed in Table 1, Item 10 of Section
100.1102. While the date listed in the Table indicates that the marine
event will occur on the second Saturday to the third Sunday in October,
the dates for the event this year are Saturday, October 1, 2016 through
Sunday, October 9, 2016. Therefore, a temporary rule change is needed
to reflect the actual date of the event.

IV. Discussion of Proposed Rule

    In this temporary final rule, the regulations in 33 CFR 100.1102
will be temporarily suspended for Table 1, Item 10 of that Section and
a temporary regulation will be inserted as Table 1, Item 20 of that
Section in order to reflect that the special local regulation will be
effective and enforced from 6:30 a.m. to 6:30 p.m. from October 1, 2016
to October 9, 2016. This change is needed to accommodate the sponsor's
event plan and to ensure that adequate regulations are in place to
protect the safety vessels and individuals that may be present in the
regulated area. No other portion of Table 1 of Section 100.1102 or
other provisions in Section 100.1102 shall be affected by this
regulation.
    The special local regulations are necessary to provide for the
safety of the crew, spectators, participants, and other vessels and
users of the Colorado River waterway. Persons and vessels will be
prohibited from anchoring, blocking, loitering, or impeding within this
regulated waterway unless authorized by the COTP, or his designated
representative, during the proposed times. Before the effective period,
the Coast Guard will publish information on the event in the weekly
LNM. The proposed regulatory text appears at the end of this document.

V. Regulatory Analysis

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes 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 13563 emphasizes
the importance of quantifying both costs and benefits, of reducing
costs, of harmonizing rules, and of promoting flexibility. This rule
has not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, the rule has not been reviewed by
the Office of Management and Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic will be able to safely transit around this area which
would impact a small designated area of the Colorado River. Moreover,
the Coast Guard would publish a Local Notice to Mariners about the
zone, and the rule will allow vessels to seek permission to enter the
zone.

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 rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit or anchor in the impacted portion of the Colorado
River, Lake Havasu, Arizona, from 6:30 a.m. to 6:30 p.m. from October
1, 2016 to October 9, 2016.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic will be allowed to pass through the zone with permission of the
COTP, or his designated representative and the special local regulation
is limited in size and duration. The Coast Guard will issue maritime
advisories widely available to all waterway users. Before the effective
period, the Coast Guard will publish event information on the Internet
in the weekly LNM marine information report. 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 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 rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under E.O. 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 rule under that Order and determined
that it is consistent with the fundamental federalism principles and
preemption requirements described in E.O. 13132.
    Also, this 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 rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this 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 determined 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
rule involves establishment of marine event special local regulations
on the navigable waters of the Colorado River. It is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a 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 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.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. In Sec.  100.1102, in Table 1 to Sec.  100.1102, suspend item ``10''
and add temporary item ``20'' to read as follows:

Sec.  100.1102  Annual Marine Events on the Colorado River, between
Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona).

* * * * *

                       Table 1 to Sec.   100.1102
------------------------------------------------------------------------

------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
                         20. IJSBA World Finals
------------------------------------------------------------------------
Sponsor...........................  International Jet Sporting
                                     Association (IJSBA).
Event Description.................  Personal Watercraft Race.
Date..............................  October 1, 2016 through October 9,
                                     2016.
Location..........................  Lake Havasu City, AZ.
Regulated Area....................  The navigable waters of Lake Havasu,
                                     AZ in the area known as Crazy Horse
                                     Campgrounds.
------------------------------------------------------------------------

    Dated: September 6, 2016.
E.M. Cooper,
Commander, U.S. Coast Guard, Acting, Captain of the Port San Diego.
[FR Doc. 2016-22611 Filed 9-19-16; 8:45 am]
BILLING CODE 9110-04-P