[Federal Register: March 29, 2010 (Volume 75, Number 59)]
[Proposed Rules]
[Page 15353-15357]
[DOCID:fr29mr10-11]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0003; Directorate Identifier 2007-NM-251-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-200 and -300 Series
Airplanes, and A340-200, -300, -500 and -600 Series Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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

SUMMARY: We are revising an earlier NPRM for the products listed above.
This action revises the earlier NPRM by expanding the scope. This AD
results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as: Several cases of corrosion and damage on the
Down Drive Shafts (DDS), between the Down Drive Gear Box (DDGB) and the
Input Gear Box (IPGB), on all 10 Flap Tracks (5 per wing), have been
reported by AIRBUS Long Range Operators. Investigations have revealed
that corrosion and wear due to absence of grease in the spline
interfaces could cause [DDS] disconnection which could result in a free
movable flap surface, potentially leading to aircraft asymmetry or even
flap detachment.
    The unsafe condition could reduce the ability of the flightcrew to
maintain the safe flight and landing of the airplane. The proposed AD
would require actions to correct the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by April 23, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS--Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80, e-mail<EMAIL_ADDRESS>Internet http://
www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0003;
Directorate Identifier 2007-NM-251-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
January 13, 2009 (74 FR 1649). That earlier NPRM proposed to correct an
unsafe condition for the products listed above.
    Since that NPRM was issued, we have determined that the actions
specified in paragraph (f)(1)(ii) of the NPRM need to be clarified in
order for us to provide adequate notice and opportunity for public
comment. Paragraph (g)(1)(ii) of the NPRM specifies to inspect flap
tracks 2 and 4 and do all applicable corrective actions (replacing
damaged parts). This supplemental NPRM would also require inspecting
flap tracks 1, 3, and 5.

Explanation of Revised Service Information

    Airbus has issued the revised service information specified in the
following table. We have added the applicable revised service
information to paragraph (g) of this supplemental NPRM as the
appropriate sources of service information for accomplishing the
required actions.

                           Service Information
------------------------------------------------------------------------
  Airbus mandatory service
         bulletin--             Revision--              Dated--
------------------------------------------------------------------------
A330-27-3151, including                   01  March 19, 2008.
 Appendix 01.
A330-27-3152, including                   01  March 19, 2008.
 Appendices 1 and 2.
A330-27-3152, including                   02  September 23, 2008.
 Appendices 1 and 2.
A340-27-4151, including                   01  March 19, 2008.
 Appendix 01.
A340-27-4152, including                   01  March 19, 2008.
 Appendices 1 and 2.
A340-27-4152, including                   02  September 23, 2008.
 Appendices 1 and 2.
A340-27-5040, including                   01  March 19, 2008.
 Appendix 1.
A340-27-5040, including                   02  September 23, 2008.
 Appendix 01.
------------------------------------------------------------------------

    No additional work is necessary for airplanes on which the actions
specified in the service information in the following table, and
referred to in the original NPRM as the appropriate sources of service
information for doing the proposed actions, were done.

                                           Credit Service Information
----------------------------------------------------------------------------------------------------------------
   Airbus mandatory service bulletin--              Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
A330-27-3151.............................  Original....................  August 9, 2007.
A330-27-3152.............................  Original....................  August 9, 2007.
A340-27-4151.............................  Original....................  August 9, 2007.
A340-27-4152.............................  Original....................  August 9, 2007.
A340-27-5040.............................  Original....................  August 9, 2007.
----------------------------------------------------------------------------------------------------------------

    We have added a new paragraph (g)(3) to this AD to include credit
for previous accomplishment of the specified actions using the
applicable service information listed in the Credit Service Information
table, above.

Comments

    We have considered the following comments received on the earlier
NPRM.

Request To Clarify Actions in the Latest Service Bulletin Revisions

    The Air Transport Association (ATA), on behalf of Northwest
Airlines (NWA), states that the service bulletins referred to in the
original NPRM have been revised and asks which revisions of the service
bulletins should be used to accomplish the actions. NWA notes that the
inspection procedures specified in Airbus Mandatory Service Bulletin
A330-27-3152, Revision 02, dated September 23, 2008, are more
restrictive than those in the original issue of Airbus Mandatory
Service Bulletin A330-27-3152, dated August 9, 2007. NWA adds that the
original issue of Airbus Mandatory Service Bulletin A330-27-3152, dated
August 9, 2007, does not specify parts replacement for Type 1 and Type
2 category findings during the inspection; however, Airbus Mandatory
Service Bulletin A330-27-3152, Revision 02, specifies replacement of
the input gear box (IPGB) within 18 months. NWA asks that the intent of
the inspection and replacement requirements be clarified.
    We agree that some clarification is necessary, as follows. As
stated previously, the latest revisions of Airbus Mandatory Service
Bulletins A330-27-3152, Revision 02, and A340-27-4151, Revision 01, are
cited in the supplemental NPRM for accomplishing the proposed actions.
The changes in Airbus Mandatory Service Bulletins A330-27-3152,
Revision 02, and A340-27-4151, Revision 01, are minor and no additional
work is necessary for airplanes on which the actions have been done
using those revisions.
    The NPRM proposed to require replacing all damaged parts before
further flight, regardless of the type of damage; however, the revised
service information changed the actions for Type 2 damaged parts from
``no replacement required'' to ``replacement within 18 months.'' This
action is only applicable if Type 2 damaged parts are found. It is not
necessary to replace Type 1 damaged parts.

Requests To Extend Compliance Time

    ATA, on behalf of its member NWA, also notes that the compliance
time of 18 months for the IPGB replacement, and a compliance time of 20
months for the initial inspection, as specified in paragraph (g)(2) of
the original NPRM, should be extended to 24 months to align with its
``C'' check intervals. NWA adds that the Airbus service information
refers to General Electric (Smiths) Service Bulletin 6975-27-018, dated
August 2007, to define Type 2 damage findings. NWA states that allowing
a 24-month compliance period, instead of 18 months, for Type 2 damage
findings on airplanes up to 6 years old would still require IPGB
replacement within 8 years since the airworthiness certification date,
which is substantially less than the 12 years specified in the Airbus
service information and the EASA AD. In addition, NWA notes that new
grease is applied to the splined area following the 6-year inspection,
reducing additional wear and corrosion during the 24-month period
before IPGB replacement.
    We disagree with the commenter's request that the compliance time
should be extended to 24 months to align with ``C'' check intervals. In
developing an appropriate compliance time for this action, we
considered the urgency associated with the subject unsafe condition,
the availability of required parts, and the practical aspect of
accomplishing the required actions within a period of time that
corresponds to the normal scheduled maintenance for most affected
operators. In light of these items, we have determined that an 18-month
compliance time for the IPGB replacement, and a 20-month compliance
time for the inspections specified in paragraph (g)(2) of this
supplemental NPRM, are appropriate. However, under the provisions of
paragraph (h)(1) of the supplemental NPRM, we will consider requests to
adjust the compliance time if sufficient data are submitted to
substantiate that the new compliance time would provide an acceptable
level of safety. We have made no change to the original NPRM in this
regard.

    Another commenter, Elvio Marinelli, asks that the compliance time
of ``before further flight'' for doing the corrective actions specified
in paragraphs (f)(1)(i), (f)(1)(ii), (f)(1)(iii), (f)(1)(iv), and
(f)(2) of the original NPRM, be changed to match the language in the
EASA AD which requires accomplishing the corrective actions within the
compliance time defined in Airbus Mandatory Service Bulletins A330-27-
3152 and A340-27-4151. The commenter adds that the compliance time in
Airbus Mandatory Service Bulletins A330-27-3152 and A340-27-4151 allows
continued flight with a certain extent of damage to the down drive
shafts (DDS) and the IPGB, which defers the replacement.
    We acknowledge that the original NPRM proposed to require replacing
all damaged parts before further flight, regardless of type of damage;
however, the revised service information changed the actions for Type 2
damaged parts. Therefore, we have revised this supplemental NPRM to
clarify that Type 3 damaged parts must be repaired before further
flight and that certain Type 2 damaged parts must be repaired within 18
months. It is not necessary to replace Type 1 damaged parts.

Request To Remove Reporting Requirement

    ATA, on behalf of its member NWA, asks that the requirement to
report inspection findings to Airbus be removed from the original NPRM.
NWA states that the referenced Airbus service information specifies
that findings from each inspection be sent to Airbus. NWA asks that the
original NPRM clearly state that this is not a requirement.
    We disagree with the commenter's request that the reporting
requirement should be removed from this supplemental NPRM, or language
added to state that no reporting is required. We have determined that
reporting the inspection findings will enable the manufacturer to
obtain better insight into the prevalence of the damage. Access to all
findings will also help the manufacturer to develop final action to
address the identified unsafe condition in a timely manner. We have
made no change to the proposed AD in this regard.

Request To Include Parts Cost

    ATA, on behalf of its member NWA, asks that a parts cost of $11,000
per airplane for the corrective action be added to the original NPRM.
ATA states that the cost of compliance is underestimated because the
parts cost was not included. NWA notes that industry data provided by
Airbus indicate that 10 to 15 percent of all DDS and IPGB parts
inspected require replacement. NWA adds that using these industry
findings, rates and repair costs provided to NWA by the supplier are
approximately $11,000.
    We disagree with the commenter's request that the parts cost be
included in this supplemental NPRM. The data in the Costs of Compliance
section (below) are limited to the cost of actions actually required by
the supplemental NPRM. The cost analysis in AD rulemaking actions does
not include the costs of ``on-condition'' actions (e.g., ``repair or
replace, if necessary'') or replacement parts that are necessary when
doing those on-condition actions. Regardless of AD direction, those
actions would be required to correct an unsafe condition identified on
an airplane and ensure operation of that airplane in an airworthy
condition. Therefore, we have made no change to the supplemental NPRM
in this regard.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
    Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on this proposed AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the original NPRM, we have increased the labor
rate used in the Costs of Compliance from $80 per work hour to $85 per
work hour. The Costs of Compliance information, below, reflects this
increase in the specified hourly labor rate.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
affects about 41 products of U.S. registry. We also estimate that it
takes about 65 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $226,525, or $5,525 per product.

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 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

AIRBUS: Docket No. FAA-2009-0003; Directorate Identifier 2007-NM-
251-AD.

Comments Due Date

    (a) We must receive comments by April 23, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-201, -202, -203, -223,
-243, -301, -302, -303, -321, -322, -323, -341, -342, and -343
series airplanes, A340-211, -212, -213, -311, -312, -313, series
airplanes, and A340-541 and -642 airplanes, certificated in any
category; all certified models, all manufacturer serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Several cases of corrosion and damage on the Down Drive Shafts
(DDS), between the Down Drive Gear Box (DDGB) and the Input Gear Box
(IPGB), on all 10 Flap Tracks (5 per wing), have been reported by
AIRBUS Long Range Operators.
    Investigations have revealed that corrosion and wear due to
absence of grease in the spline interfaces could cause [DDS]
disconnection which could result in a free movable flap surface,
potentially leading to aircraft asymmetry or even flap detachment.
    Emergency Airworthiness Directive (EAD) 2007-0222-E mandated on
all aircraft older than 6 years since AIRBUS original delivery date
of the aircraft, an initial inspection of all DDS and IPGB for
corrosion and wear detection in order to replace any damaged part.
    Revision 1 of EAD 2007-0222-E aimed for clarifying the
compliance instructions.
    [EASA AD 2008-0026] supersedes the EAD 2007-0222R1-E and
mandates repetitive inspections every 6 years for all the fleet.

The unsafe condition could reduce the ability of the flightcrew to
maintain the safe flight and landing of the airplane. The corrective
actions include replacing damaged parts.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Do the applicable inspections and corrective actions
specified in paragraphs (g)(1) and (g)(2) of this AD, in accordance
with the instructions of the applicable service information
specified in Table 1 of this AD.

                      Table 1--Service Information
------------------------------------------------------------------------
                                      Use airbus          For actions
           For model--             mandatory service     specified in
                                      bulletin--          paragraph--
------------------------------------------------------------------------
A330-200 and -300 series          A330-27-3151,       (g)(1)(i) and
 airplanes.                        Revision 01,        (g)(1)(ii) of
                                   dated March 19,     this AD.
                                   2008.
A330-200 and -300 series          A330-27-3152,       (g)(1)(iv) and
 airplanes.                        Revision 02,        (g)(2) of this
                                   dated September     AD.
                                   23, 2008.
A340-200 and -300 series          A340[dash]27[dash]  (g)(1)(i) and
 airplanes.                        4151, Revision      (g)(1)(ii) of
                                   01, dated March     this AD.
                                   19, 2008.
A340-200 and -300 series          A340-27-4152,       (g)(1)(iv) and
 airplanes.                        Revision 02,        (g)(2) of this
                                   dated September     AD.
                                   23, 2008.
A340-541 and -642 series          A340-27-5040,       (g)(2) of this AD.
 airplanes.                        Revision 02,
                                   dated September
                                   23, 2008.
------------------------------------------------------------------------

     (1) For Model A330-200 and -300 series airplanes, up to and
including manufacturer serial number (MSN) 0420, and Model A340-200
and -300 series airplanes, up to and including MSN 0415, except MSNs
0385 and 0395: Do the applicable actions specified in paragraphs
(g)(1)(i), (g)(1)(ii), (g)(1)(iii), and (g)(1)(iv) of this AD at the
applicable time specified.
    (i) For airplanes on which less than 10 years have accumulated
since the date of issuance of the original French standard
airworthiness certificate or the date of issuance of the original
French or EASA export certificate of airworthiness as of the
effective date of this AD: Within 24 months after the effective date
of this AD, perform simultaneous detailed visual inspections of the
IPGB and of the DDS on all flap tracks on both wings for corrosion
and wear detection and do all applicable corrective actions. For
Type 3 damaged parts, do all applicable corrective actions before
further flight. For Type 2 damaged IPGB parts, do all applicable
corrective actions within 18 months after doing the inspection.
    (ii) For airplanes on which 10 or more years have accumulated
since the date of issuance of the original French standard
airworthiness certificate or the date of issuance of the original
French or EASA export certificate of airworthiness as of the
effective date of this AD: Within 4 months after the effective date
of this AD, perform simultaneous detailed visual inspections of the
IPGB and of the DDS on flap tracks 2 and 4 on both wings for
corrosion and wear detection. For any Type 3 damaged parts on flap
tracks 2 and 4, do all applicable corrective actions before further
flight. For any Type 2 damaged IPGB parts on flap tracks 2 and 4, do
all applicable corrective actions within 18 months after doing the
inspection required by paragraph (g)(1)(ii) of this AD.
    (A) For wings on which Type 3 damage is found on the DDS of flap
track 2 or 4, perform simultaneous detailed visual inspections of
the IPGB and of the DDS on flap track 3 on both wings for corrosion
and wear detection. For Type 3 damaged parts on flap track 3, do all
applicable corrective actions before further flight. For Type 2
damaged IPGB parts, on flap track 3, do all applicable corrective
actions within 18 months after doing the inspection required by
paragraph (g)(1)(ii)(A) of this AD.
    (1) For wings on which Type 3 damage is found on the DDS of flap
track 3, before further flight, perform simultaneous detailed visual
inspections of the IPGB and of the DDS on flap tracks 1 and 5 on
both wings for corrosion and wear detection. For Type 3 damaged
parts on flap tracks 1 and 5, do all applicable corrective actions
before further flight. For Type 2 damaged IPGB parts on flap tracks
1 and 5, do all applicable corrective actions within 18 months after
doing the inspection required by paragraph (g)(1)(ii)(A)(1) of this
AD.
    (2) For wings on which no Type 3 damage is found on the DDS of
flap track 3, within 18 months after doing the inspection required
by paragraph (g)(1)(ii)(A) of this AD,

perform simultaneous detailed visual inspections of the IPGB and of
the DDS on flap tracks 1 and 5 on both wings for corrosion and wear
detection. For any Type 3 damaged parts on flap tracks 1 and 5, do
all applicable corrective actions before further flight. For any
Type 2 damaged IPGB parts on flap tracks 1 and 5, do all applicable
corrective actions within 18 months after doing the inspection
required by paragraph (g)(1)(ii)(A)(2) of this AD.
    (B) For wings on which no Type 3 damage is found on the DDS of
flap track 2 and 4: Within 18 months after doing the inspection
required by paragraph (g)(1)(ii) of this AD, perform simultaneous
detailed visual inspections of the IPGB and of the DDS on flap
tracks 1, 3, and 5 on both wings for corrosion and wear detection.
For any Type 3 damaged parts on flap tracks 1, 3, and 5, do all
applicable corrective actions before further flight. For Type 2
damaged IPGB parts on flap tracks 1, 3, and 5, do all applicable
corrective actions within 18 months after doing the inspection
required by paragraph (g)(1)(ii) of this AD.
    (iii) Within 30 days after performing an initial inspection
required by paragraph (g)(1)(i) or (g)(1)(ii) of this AD, or within
30 days after the effective date of this AD, whichever occurs later,
report the initial inspection results only, whatever they are, to
Airbus as specified in the reporting sheet of the applicable service
information listed in Table 1 of this AD.
    (iv) Within 6 years after performing the applicable inspection
required by paragraph (g)(1)(i) or (g)(1)(ii) of this AD, and
thereafter at intervals not exceeding 6 years: Perform simultaneous
detailed visual inspections of the IPGB and of the DDS on all flap
tracks on both wings for corrosion and wear detection and do all
applicable corrective actions. For Type 3 damaged parts, do all
applicable corrective actions before further flight. For Type 2
damaged IPGB parts, do all applicable corrective actions within 18
months after doing the inspection.
    (2) For airplanes other than those identified in paragraph
(g)(1) of this AD: Within 6 years after issuance of the original
French standard airworthiness certificate or the date of issuance of
the original French or EASA export certificate of airworthiness, or
within 20 months after the effective date of this AD, whichever
occurs later; and thereafter at intervals not exceeding 6 years;
perform simultaneous detailed visual inspections of the IPGB and of
the DDS on all flap tracks on both wings for corrosion and wear
detection and do all applicable corrective actions. For Type 3
damaged parts, do all applicable corrective actions before further
flight. For Type 2 damaged IPGB parts, do all applicable corrective
actions within 18 months after doing the inspection.
    (3) Actions done before the effective date of this AD in
accordance with the applicable service information specified in
Table 2 of this AD are acceptable for compliance with the
corresponding requirements of this AD.

                                       Table 2--Credit Service Information
----------------------------------------------------------------------------------------------------------------
   Airbus mandatory service bulletin--              Revision--                           Dated--
----------------------------------------------------------------------------------------------------------------
A330-27-3151.............................  Original....................  August 9, 2007.
A330-27-3152.............................  Original....................  August 9, 2007.
A330-27-3152.............................  01..........................  March 19, 2008.
A340-27-4151.............................  Original....................  August 9, 2007.
A340-27-4152.............................  Original....................  August 9, 2007.
A340-27-4152.............................  01..........................  March 19, 2008.
A340-27-5040.............................  Original....................  August 9, 2007.
A340-27-5040.............................  01..........................  March 19, 2008.
----------------------------------------------------------------------------------------------------------------

    Note 1: Airbus should be contacted in order to get appropriate
information for airplanes on which the original delivery date of the
airplane is unknown to the operator.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, has the authority to approve AMOCs
for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Vladimir Ulyanov, Aerospace
Engineer, International Branch, ANM-116, FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
principal maintenance inspector (PMI) or principal avionics
inspector (PAI), as appropriate, or lacking a principal inspector,
your local Flight Standards District Office. The AMOC approval
letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI EASA Airworthiness Directive 2008-0026, dated
February 12, 2008, and the service information specified in Table 1
of this AD, for related information.

    Issued in Renton, Washington, on March 19, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-6849 Filed 3-26-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Rules and Regulations]
[Pages 41688-41692]
[FR Doc No: 2012-17086]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0922]
RIN 1625-AA87

Security Zones; 2012 Republican National Convention, Captain of
the Port St. Petersburg Zone, Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing seven temporary security zones
on the waters and adjacent land 20 feet shoreward of the mean high
water marks of Garrison Channel, Hillsborough River, Seddon Channel,
Sparkman Channel, the unnamed channel north of Davis Islands, Ybor
Channel, and Ybor Turning Basin in the vicinity of Tampa, Florida
during the 2012 Republican National Convention. The 2012 Republican
National Convention will be held at the Tampa Bay Times Forum building
and other venues from August 27, 2012 through August 31, 2012. The
Department of Homeland Security has designated the 2012 Republican
National Convention as a National Special Security Event. The security
zones are necessary to protect convention delegates, official parties,
dignitaries, the public, and surrounding waterways from terrorist acts,
sabotage or other subversive acts, accidents, or other causes of a
similar nature. Entering or remaining in any of the security zones is
prohibited unless authorized by the Captain of the Port St. Petersburg
or a designated representative.

DATES: This rule is effective from 12:01 p.m. on August 25, 2012
through 11:59 a.m. on August 31, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0922 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0922 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Marine Science Technician First
Class Nolan L. Ammons, Sector St. Petersburg Prevention Department,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have questions on viewing the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 3, 2012, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Security Zone: 2012 Republican National
Convention Captain of the Port St. Petersburg Zone, Tampa, FL in the
Federal Register (77 FR 64). We received one comment on the proposed
rule. Public meetings were held on February 1, 2012 and February 29,
2012.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat.
2064; Department of Homeland Security Delegation No. 0170.1.
    The purpose of this rule is to provide for the safety and security
of convention delegates, official parties, dignitaries, and the public
during the 2012 Republican National Convention.

Discussion of Comments and Changes

    The Coast Guard received one comment to the proposed rule from the
Hillsborough County Sheriff's Office. The comment requested to extend
the No Wake/Security Zone south to the R. E. Knight pier. The extension
of the security zone would allow Law Enforcement officials to operate
out of the HCSO Marine Unit boat ramp and would allow more time to
react/respond to potential threats on the surrounding waters. The Coast
Guard assessed the concerns of the Hillsborough County Sheriff's office
and extended the security zone in Seddon Channel south to the Robert E.
Knight pier, at the following location: Point 1 in position
27[deg]55'02'' N, 82[deg]26'46'' W; and Point 2 in position
27[deg]55'07'' N, 82[deg]26'39'' W.
    The Coast Guard provided clarification regarding security protocols
for commercial vessels intending to enter or transit three of the
security zones. Such commercial vessels shall have an approved NOA
submitted in accordance with 33 CFR part 160 that indicates a mooring
at a facility located within the security zone or at a facility that
requires transit of the zone.

Discussion of Rule

    From August 27, 2012 through August 30, 2012, the 2012 Republican
National Convention will be held in Tampa, Florida. Primary venues for
the 2012 Republican National Convention are the Tampa Bay Times Forum
building and the Tampa Convention Center, both of which are located
adjacent or proximate to Garrison Channel, Hillsborough River, Seddon
Channel, Sparkman Channel, the unnamed channel north of Davis Islands,
Ybor Channel, and Ybor Turning Basin in Tampa, Florida. Secondary
venues and venues hosting convention-related activities include other
locations throughout Tampa, Florida on or in close proximity to
navigable waters.
    The Secretary of the Department of Homeland Security has designated
the 2012 Republican National Convention as a National Special Security
Event. National Special Security Events are significant events, which,
due to their political, economic, social, or religious significance,
may render them particularly attractive targets of terrorism or other
criminal activity. The Federal government provides support, assistance,
and resources to state and local governments to ensure public

safety and security during National Special Security Events.
    The Coast Guard has conducted threat, vulnerability, and risk
analyses relating to the maritime transportation system and 2012
Republican National Convention activities. Threats confronting the 2012
Republican National Convention assume two primary forms: Homeland
security threats and violent or disruptive public disorder. The 2012
Republican National Convention is expected to draw widespread protests
by persons dissatisfied with national policy, foreign policy, and the
Republican Party agenda. This politically-oriented event has the
potential to attract anarchists and other persons intent on expressing
their opposition through violence and criminal activity. The 2012
Republican National Convention also presents an attractive target for
terrorist and extremist organizations.
    Considerable law enforcement presence on land may render maritime
approaches a viable alternative. The City of Tampa has critical
infrastructure in its port area, which is proximate to the downtown
area and the Convention's main venues. The Port of Tampa is an
industrial-based port, with significant storage and shipment of
hazardous materials.
    The Department of Homeland Security Small Vessel Security Strategy
sets forth several threat scenarios that must be mitigated in the
maritime security planning for the 2012 Republican Convention. These
threats include the potential use of a small vessel to: (1) Deliver a
weapon of mass destruction; (2) launch a stand-off attack weapon; or
(3) deliver an armed assault force. 2012 Republican National Convention
maritime security planning anticipates these threats, while minimizing
the public impact of security operations.
    The security zones and accompanying security measures have been
specifically developed to mitigate the threats and vulnerabilities
identified in the analysis discussed above. Security measures have been
limited to the minimum necessary to mitigate risks associated with the
identified threats. The Coast Guard considered establishing a waterside
demonstration area but due to the proximity of the main venue area, the
geography of the area in question, the associated threats to the
convention, and the potential to interfere with law enforcement and
security operations; the Coast Guard determined that establishing such
an area would not be feasible. The Coast Guard expects ample landside
demonstration areas to be available.
    The Coast Guard, on behalf of the 2012 Republican National
Convention Public Safety Committee, has initiated an outreach program
to inform maritime stakeholders within Tampa of potential disruptions
to normal maritime activities during the convention. On January 27,
2012, outreach efforts to the local community began with a presentation
to the Tampa Bay Harbor Safety and Security Committee. Additional
meetings were held with businesses that operate in the vicinity of the
main venue. On February 1, 2012 and February 29, 2012, public meetings
were held. At each of these meetings, the Coast Guard presented: (1)
General information on National Special Security Events; (2) an
overview of the 2012 Republican National Convention; (3) a description
of the organization of the public safety committee and subcommittees
established for the convention; (4) a brief discussion of the proposed
security zones, along with likely limitations on vessel movements and
enhanced security measures; and (5) the threat, vulnerability and risk
analysis of the convention from a maritime perspective.
    Responses to information presented by the Coast Guard were
generally positive and supportive. The majority of questions were
requests for additional details, such as the exact periods the security
zone would be in effect and what size vessels will be allowed to
transit the zone or use the docks in the primary venue area. Several
people asked for clarification regarding the proposed restrictions,
such as whether boat owners would be able to access their vessels, or
whether commercial traffic would be allowed to operate in Sparkman
Channel. There were two questions concerning the sufficiency of planned
security measures on the south and east sides of Harbour Island.
    The Coast Guard responded to all inquiries by stating that the
details of the security zones were still under development and were
subject to change. At each meeting, the Coast Guard reminded attendees
to review the notice of proposed rulemaking when it is published in the
Federal Register, and encouraged attendees to submit comments to the
docket if they had concerns or questions.
    The rule will establish seven temporary security zones in the
Captain of the Port St. Petersburg Zone during the 2012 Republican
National Convention in Tampa, Florida. The security zones would be
enforced from 12:01 p.m. on August 25, 2012 through 11:59 a.m. on
August 31, 2012. The security zones are listed below. All coordinates
are North American Datum 1983.
    (1) Garrison Channel. All waters of Garrison Channel, including
adjacent lands 20 feet shoreward of the mean high water mark of
Garrison Channel. All persons and vessels are prohibited from entering
or transiting the security zone unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Vessels with
permanent moorings in the security zone will not be permitted to move
during the enforcement period. Vessels remaining in the security zone
during the enforcement period will be subject to inspection and
examination by Coast Guard and other law enforcement officials. Persons
desiring to access their vessels within the security zone will be
subject to security screenings.
    (2) Hillsborough River. All waters of Hillsborough River, including
adjacent lands 20 feet shoreward of the mean high water mark of
Hillsborough River, south of an imaginary line between the following
points: Point 1 in position 27[deg]56'44'' N, 82[deg]27'37'' W; and
Point 2 in position 27[deg]56'44'' N, 82[deg]27'33'' W. All persons and
vessels are prohibited from entering or remaining within the security
zone unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
    (3) Seddon Channel. All waters of Seddon Channel, including
adjacent lands 20 feet shoreward of the mean high water mark of Seddon
Channel, north of an imaginary line between the following points: Point
1 in position 27[deg]55'02'' N, 82[deg]26'46'' W; and Point 2 in
position 27[deg]55'07'' N, 82[deg]26'39'' W. All persons and vessels
are prohibited from entering or remaining within the security zone
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
    (4) Sparkman Channel. All waters of Sparkman Channel, including
adjacent lands 20 feet shoreward of the mean high water mark of
Sparkman Channel. Recreational vessels are prohibited from entering or
remaining in Sparkman Channel unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Commercial vessels
are authorized to enter or transit Sparkman Channel, but will be
subject to compliance with security protocols established by the
Captain of the Port St. Petersburg, including: (a) Have an approved NOA
submitted in accordance with 33 CFR part 160 that indicates a mooring
at a facility located within the security zone or at a facility that
requires transit of the zone; (b) inspection and examination of all
commercial vessels and persons requesting authorization to transit the

security zone (including positive identification checks); and (c)
embarkation of law enforcement personnel during authorized security
zone transits.
    (5) Unnamed Channel North of Davis Islands. All waters of the
unnamed channel north of Davis Islands, including adjacent lands 20
feet shoreward of the mean high water mark of the unnamed channel north
of Davis Islands, east of an imaginary line between the following
points: Point 1 in position 27[deg]56'16'' N, 82[deg]27'40'' W; and
Point 2 in position 27[deg]56'18'' N, 82[deg]27'43'' W. All persons and
vessels are prohibited from entering or remaining within the security
zone unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
    (6) Ybor Channel. All waters of Ybor Channel, including adjacent
lands 20 feet shoreward of the mean high water mark of Ybor Channel.
Recreational vessels are prohibited from entering or remaining in Ybor
Channel unless authorized by the Captain of the Port St. Petersburg or
a designated representative. Commercial vessels are authorized to enter
or transit Ybor Channel, but will be subject to compliance with
security protocols established by the Captain of the Port St.
Petersburg, including: (a) Have an approved NOA submitted in accordance
with 33 CFR part 160 that indicates a mooring at a facility located
within the security zone or at a facility that requires transit of the
zone; (b) inspection and examination of all commercial vessels and
persons requesting authorization to transit the security zone
(including positive identification checks); and (c) embarkation of law
enforcement personnel during authorized security zone transits.
    (7) Ybor Turning Basin. All waters of Ybor Turning Basin, including
adjacent lands 20 feet shoreward of the mean high water mark of Ybor
Turning Basin. Recreational vessels are prohibited from entering or
remaining in Ybor Turning Basin unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Commercial vessels
are authorized to enter or transit Ybor Turning Basin, but will be
subject to compliance with security protocols established by the
Captain of the Port St. Petersburg, including: (a) Have an approved NOA
submitted in accordance with 33 CFR part 160 that indicates a mooring
at a facility located within the security zone or at a facility that
requires transit of the zone; (b) inspection and examination of all
commercial vessels and persons requesting authorization to transit the
security zone (including positive identification checks); and (c)
embarkation of law enforcement personnel during authorized security
zone transits.
    All persons and vessels desiring to enter or remain within the
regulated areas may contact the Captain of the Port St. Petersburg by
telephone at<PHONE_NUMBER>, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization to
enter or remain within the regulated areas is granted by the Captain of
the Port St. Petersburg or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port St. Petersburg or a designated
representative. Recreational vessels authorized to enter or remain
within the regulated areas may be subject to boarding and inspection of
the vessel and persons onboard.
    A Port Community Information Bulletin (PCIB) will be distributed by
Coast Guard Sector St. Petersburg. The PCIB will be available on the
Coast Guard internet web portal at http://homeport.uscg.mil. PCIBs are
located under the Port Directory tab in the Safety and Security Alert
links. The Coast Guard would provide notice of the security zones by
Local Notice to Mariners, Broadcast Notice to Mariners, public
outreach, and on-scene designated representatives.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). 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 section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this rule under
Executive Order 12866.
    The economic impact of this rule is not significant for the
following reasons: (1) The security zones will be enforced for a total
of 144 hours; (2) the security zones will be in a location where
commercial vessel traffic is expected to be minimal; (3) commercial
vessel traffic will be authorized to transit the security zones to the
extent compatible with public safety and security; (4) persons and
vessels will be able to operate in the surrounding area adjacent to the
security zones during the enforcement period; (5) persons and vessels
will be able to enter or remain within the security zones if authorized
by the Captain of the Port St. Petersburg or a designated
representative; and (6) the Coast Guard would provide advance
notification of the security zones to the local community by Local
Notice to Mariners, Broadcast Notice to Mariners, and public outreach.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. 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 may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter or remain within those portions of Garrison Channel, Hillsborough
River, Seddon Channel, Sparkman Channel, unnamed channel north of Davis
Islands, Ybor Channel, and Ybor Turning Basin encompassed within the
security zones from 12:01 p.m. on August 25, 2012 through 11:59 a.m. on
August 31, 2012. For the reasons discussed in the Regulatory Planning
and Review section above, this rule will not have a significant
economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM the Coast Guard
offered to assist small entities in understanding the rule so that they
can better evaluate its effects on them and participate in the
rulemaking process.

    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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
Marine Science Technician First Class Nolan L. Ammons, Sector St.
Petersburg Prevention Department, Coast Guard; telephone (813) 228-
2191, email<EMAIL_ADDRESS>The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing seven temporary
security zones, as described in paragraph 34(g) of the Instruction that
will be enforced for a total of 144 hours. An environmental analysis
checklist and categorical exclusion determination are available in the
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0922 to read as follows:

Sec.  165.T07-0922  Security Zones; 2012 Republican National
Convention, Captain of the Port St. Petersburg Zone, Tampa, FL

    (a) Regulated Areas. The following regulated areas are security
zones. All coordinates are North American Datum 1983.
    (1) Garrison Channel. All waters of Garrison Channel, including
adjacent lands 20 feet shoreward of the mean high water mark of
Garrison Channel. All persons and vessels are prohibited from entering
or transiting the regulated area unless authorized by the Captain of
the Port St. Petersburg or a designated representative. Vessels with
permanent moorings in the regulated area are not

permitted to move during the enforcement period. Vessels remaining in
the regulated area during the enforcement period are subject to
inspection and examination by Coast Guard and other law enforcement
officials. Persons desiring to access their vessels within the
regulated area are subject to security screenings.
    (2) Hillsborough River. All waters of Hillsborough River, including
adjacent lands 20 feet shoreward of the mean high water mark of
Hillsborough River, south of an imaginary line between the following
points: Point 1 in position 27[deg]56'44'' N, 82[deg]27'37'' W; and
Point 2 in position 27[deg]56'44'' N, 82[deg]27'33'' W. All persons and
vessels are prohibited from entering or remaining within the regulated
area unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
    (3) Seddon Channel. All waters of Seddon Channel, including
adjacent lands 20 feet shoreward of the mean high water mark of Seddon
Channel, north of an imaginary line between the following points: Point
1 in position 27[deg]55'52'' N, 82[deg]27'13'' W; and Point 2 in
position 27[deg]55'54'' N, 82[deg]27'08'' W. All persons and vessels
are prohibited from entering or remaining within the regulated area
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
    (4) Sparkman Channel. All waters of Sparkman Channel, including
adjacent lands 20 feet shoreward of the mean high water mark of
Sparkman Channel. Recreational vessels are prohibited from entering or
remaining in the regulated area unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Commercial vessels
are authorized to enter or transit the regulated area, but will be
subject to compliance with security protocols established by the
Captain of the Port St. Petersburg, including:
    (i) Have an approved NOA submitted in accordance with 33 CFR part
160 that indicates a mooring at a facility located within the security
zone or at a facility that requires transit of the zone;
    (ii) Inspection and examination of all commercial vessels and
persons requesting authorization to transit the regulated area
(including positive identification checks); and
    (iii) Embarkation of law enforcement personnel during authorized
regulated area transits.
    (5) Unnamed Channel North of Davis Islands. All waters of the
unnamed channel north of Davis Islands, including adjacent lands 20
feet shoreward of the mean high water mark of the unnamed channel north
of Davis Islands, east of an imaginary line between the following
points: Point 1 in position 27[deg]56'16'' N, 82[deg]27'40'' W; and
Point 2 in position 27[deg]56'18'' N, 82[deg]27'43'' W. All persons and
vessels are prohibited from entering or remaining within the regulated
area unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
    (6) Ybor Channel. All waters of Ybor Channel, including adjacent
lands 20 feet shoreward of the mean high water mark of Ybor Channel.
Recreational vessels are prohibited from entering or remaining in Ybor
Channel unless authorized by the Captain of the Port St. Petersburg or
a designated representative. Commercial vessels are authorized to enter
or transit Ybor Channel, but will be subject to compliance with
security protocols established by the Captain of the Port St.
Petersburg, including:
    (i) Have an approved NOA submitted in accordance with 33 CFR part
160 that indicates a mooring at a facility located within the security
zone or at a facility that requires transit of the zone;
    (ii) Inspection and examination of all commercial vessels and
persons requesting authorization to transit the regulated area
(including positive identification checks); and
    (iii) Embarkation of law enforcement personnel during authorized
regulated area transits.
    (7) Ybor Turning Basin. All waters of Ybor Turning Basin, including
adjacent lands 20 feet shoreward of the mean high water mark of Ybor
Turning Basin. Recreational vessels are prohibited from entering or
remaining in Ybor Turning Basin unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Commercial vessels
are authorized to enter or transit Ybor Turning Basin, but will be
subject to compliance with security protocols established by the
Captain of the Port St. Petersburg, including:
    (i) Have an approved NOA submitted in accordance with 33 CFR part
160 that indicates a mooring at a facility located within the security
zone or at a facility that requires transit of the zone;
    (ii) Inspection and examination of all commercial vessels and
persons requesting authorization to transit the security zone
(including positive identification checks); and
    (iii) Embarkation of law enforcement personnel during authorized
regulated area transits.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard boat coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officials designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels desiring to enter or
remain within the regulated areas may contact the Captain of the Port
St. Petersburg by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
    A Port Community Information Bulletin is available on the Coast
Guard internet web portal at http://homeport.uscg.mil. Port Community
Information Bulletins are located under the Port Directory tab in the
Safety and Security Alert links.
    (2) If authorization to enter or remain within the regulated areas
is granted by the Captain of the Port St. Petersburg or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port St.
Petersburg or a designated representative. Recreational vessels
authorized to enter the regulated areas may be subject to boarding and
inspection of the vessel and persons onboard.
    (3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, public
outreach, and on-scene designated representatives.
    (d) Effective Date. This rule is effective from 12:01 p.m. on
August 25, 2012 through 11:59 a.m. on August 31, 2012.

    Dated: June 28, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2012-17086 Filed 7-13-12; 8:45 am]
BILLING CODE 9110-04-P