Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 46115 

structural integrity of the helicopter and lead 

to subsequent loss of control of the 

helicopter. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) Within 30 hours time-in-service (TIS) 

after the effective date of this AD, and 

thereafter at intervals not to exceed 100 hours 

TIS: 

(i) Remove the vertical fin vibration 

absorber installation P/N 109–B810–79–101, 

and using a mirror and light source, visually 

inspect the rib assembly P/N 109–0372–53– 

201 for hole elongation, fretting, and cracks. 

If there is any hole elongation, fretting, or 

cracks, before further flight, remove rib 

assembly P/N 109–0372–53–201, shim P/N 

109–0372–53–211, doubler P/N 109–0372– 

53–213, and bracket P/N 109–0373–02–113 

from service and replace with airworthy 

parts. 

(ii) Inspect the vertical fin vibration 

absorber installation P/N 109–B810–79–101 

for hole elongation; for fretting between the 

plate and the masses and in-between the 

masses; for fretting on doubler 

P/N 109–0372–53–213; and the bolts for 

scratches and corrosion. If there is any hole 

elongation; fretting between the plate and the 

masses or in-between the masses; fretting on 

doubler P/N 109–0372–53–213; or bolts with 

scratches or corrosion, before further flight, 

remove the vertical fin vibration absorber 

installation P/N 109–B810–79–101 from 

service. 

(2) Within 12 months after the effective 

date of this AD unless already accomplished 

per paragraph (g)(1)(ii) of this AD, remove the 

vertical fin vibration absorber installation 

P/N 109–B810–79–101 from service. 

(3) As of the effective date of this AD, do 

not install vertical fin vibration absorber 

installation P/N 109–B810–79–101 on any 

helicopter. 

(4) Removing the vertical fin vibration 

absorber installation P/N 109–B810–79–101 

from service, as described in paragraphs 

(g)(1)(ii) or (2) of this AD provides a 

terminating action for the 100 hour TIS 

repetitive inspections required by paragraph 

(g)(1) of this AD. 

(h) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (i)(1) of this AD. 

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

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(i) Related Information 

(1) For more information about this AD, 

contact Kristin Bradley, Aerospace Engineer, 

General Aviation & Rotorcraft Section, 

International Validation Branch, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

telephone (817) 222–5110; email 

kristin.bradley@faa.gov. 

(2) The subject of this AD is addressed in 

European Union Aviation Safety Agency 

(EASA) AD 2019–0294, dated December 4, 

2019. You may view the EASA AD on the 

internet at https://www.regulations.gov in 

Docket No. FAA–2021–0364. 

Issued on July 29, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–17605 Filed 8–17–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0639] 

RIN 1625–AA08 

Special Local Regulation; Low Country 

Splash Open Water Swim, Charleston, 

SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation on 

the waters of the Wando River, Cooper 

River, and Charleston Harbor in 

Charleston, SC. This action is necessary 

to provide for the safety of life on 

navigable waters during the Low 

Country Splash Open Water Swim. This 

rulemaking would restrict persons and 

vessels from entering certain waters of 

the Wando River, Cooper River, and 

Charleston Harbor, unless authorized by 

Sector Charleston Captain of the Port or 

a designated representative. 

DATES: This rule is affective from 7 a.m. 

until 11 a.m., on September 18, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0639 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 Lieutenant Commander Chad Ray, 

Sector Charleston Waterways 

Management Division, Coast Guard; 

telephone (843) 740–3184, email 

Chad.L.Ray@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

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 for good 

cause finds 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 because it is 

impracticable. The Coast Guard has 

published a special local regulation for 

this event in 33 CFR 100.704, Table 1 

to § 100.704, Line No. 4; however, the 

existing special location regulation is 

dated for the first week of May while 

this year’s event is scheduled for 

September 18, 2021. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because the potential safety 

hazards associated with the Low 

Country Splash Open Water Swim 

taking place on September 18, 2021. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70041. The 

Captain of the Port Charleston (COTP) 

has determined that potential hazards 

associated with the Low Country Splash 

Open Water Swim event presents a 

safety concern for anyone in the vicinity 

of the regulated area during the event. 

This rule is needed to protect 

participants, spectators, and the general 

public in the navigable waters within 

the regulated area during the Low 

Country Splash Open Water Swim 

event. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from 7 a.m. until 11 a.m., on 

September 18, 2021. The special local 

regulation will cover all navigable 

waters within a moving zone, beginning 

at Daniel Island Pier, south along the 


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46116 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 

coast of Daniel Island, across the Wando 

River to Hobcaw Yacht Club, south 

along the coast of Mt. Pleasant, S.C., to 

Charleston Harbor Resort Marina. The 

duration of the special local regulation 

is intended to ensure the safety of 

participants, spectators, vessels and 

these navigable waters before, during, 

and after the scheduled event. No vessel 

or person will be permitted to enter the 

regulated area without obtaining 

permission from Sector Charleston 

COTP or a designated representative. 

V. Regulatory Analyses 

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. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on: (1) Non-participant persons 

and vessels may enter, transit through, 

anchor in, or remain within the 

regulated area during the enforcement 

periods if authorized by Sector 

Charleston COTP or a designated 

representative; (2) vessels not able to 

enter, transit through, anchor in, or 

remain within the regulated area 

without authorization from Sector 

Charleston COTP or a designated 

representative may operate in the 

surrounding areas during the 

enforcement period; (3) the Coast Guard 

will provide advance notification of the 

special local regulation to the local 

maritime community by Broadcast 

Notice to Mariners; (4) the regulated 

area will impact small designated areas 

of Wando River, Cooper River, and 

Charleston Harbor for only 4 hours and 

thus is limited in time and scope. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

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

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

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 call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

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). 

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. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this 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. 

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 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), 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 a special local 

regulation lasting 4 hours. Normally 

such actions are categorically excluded 

from further review under paragraph 

L61 of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email 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: 


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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 46117 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T07–0084 to read as 

follows: 

§ 100.T07–0084 Special Local Regulation; 

Low Country Splash Open Water Swim, 

Wando River, Cooper River, and Charleston 

Harbor; Charleston, SC. 

(a) Location. All waters within a 

moving zone, beginning at Daniel Island 

Pier in approximate position 32°51′20′′ 

N, 079°54′06′′ W, south along the coast 

of Daniel Island, across the Wando River 

to Hobcaw Yacht Club, in approximate 

position 32°49′20′′ N, 079°53′49′′ W, 

south along the coast of Mt. Pleasant, 

S.C., to Charleston Harbor Resort 

Marina, in approximate position 

32°47′20′′ N, 079°54′39′′ W. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Sector Charleston COTP in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Sector 

Charleston COTP or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Sector Charleston COTP by 

telephone at 843–740–7050, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Sector 

Charleston COTP or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Sector Charleston COTP or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. until 11 

a.m., on September 18, 2021. 

Dated: August 11, 2021. 

J.D. Cole, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2021–17711 Filed 8–17–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0644] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Waxhaw, MS; MM 593–597 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Lower 

Mississippi River (LMR), between Mile 

Marker 593 and 597. The safety zone is 

needed to protect persons, property, and 

the marine environment from the 

potential safety hazards associated with 

dredging operations in the vicinity of 

Waxhaw, MS. Entry of persons or 

vessels into this zone is prohibited 

unless authorized by the Captain of the 

Port Sector Lower Mississippi River or 

a designated representative. 

DATES: This rule is effective without 

actual notice from August 18, 2021 

through September 15, 2021. For the 

purposes of enforcement, actual notice 

will be used from August 13, 2021 until 

August 18, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0644 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 MSTC Lindsey Swindle, U.S. 

Coast Guard; telephone 901–521–4813, 

email Lindsey.M.Swindle@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

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 for good 

cause finds 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 because it is 

impracticable. Immediate action is 

needed to protect persons and property 

from the potential safety hazards 

associated with dredging operations. 

The NPRM process would delay the 

establishment of the safety zone until 

after the date of the event and 

compromise public safety. We must 

establish this temporary safety zone 

immediately and lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with dredging 

operations in the vicinity of Waxhaw, 

MS starting August 13, 2021. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port (COTP) Sector Lower 

Mississippi River (LMR) has determined 

that potential hazards associated with 

dredging operations between Mile 

Marker (MM) 593 and 597, scheduled to 

start on August 13, 2021, would be a 

safety concern for all persons and 

vessels on the Lower Mississippi River 

between MM 593 and MM 597 through 

September 15, 2021. This rule is needed 

to protect persons, property, 

infrastructure, and the marine 

environment in all waters of the LMR 

within the safety zone while dredging 

operations are being conducted. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from August 13, 2021 

through September 15, 2021. The safety 

zone will cover all navigable waters of 


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