Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Proposed Rules 47611 

category, as identified in European Union 

Aviation Safety Agency (EASA) AD 2020– 

0256, dated November 17, 2020 (EASA AD 

2020–0256). 

(d) Subject 

Joint Aircraft Service Component (JASC) 

Code: 5300, Fuselage Structure. 

(e) Unsafe Condition 

This AD was prompted by reports of 

cracking in the center fuselage frame 

assembly in the intersection of the lateral 

pylon and floor spar at station (STA) 1815 on 

the left- and right-hand sides. The FAA is 

issuing this AD to address cracking in the 

intersection of the lateral pylon and floor 

spar at STA 1815 on the left- and right-hand 

sides, which, if not addressed, could affect 

the structural integrity of the helicopter. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2020–0256. 

(h) Exceptions to EASA AD 2020–0256 

(1) Where EASA AD 2020–0256 requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(2) Where EASA AD 2020–0256 AD refers 

to its effective date, this AD requires using 

the effective date of this AD. 

(3) Where Figure 1 of the service 

information referenced in EASA AD 2020– 

0256 depicts the AFT bulkhead twice, for 

clarification, the FWD bulkhead is 

mislabeled as AFT and depicted on the left 

side of Figure 1, below 109–0320–96 POST 

ASSY (REF) and above FWD CAP. 

(4) Where the service information 

referenced in EASA AD 2020–0256 specifies 

discarding parts, this AD requires removing 

those parts from service. 

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

0256 or the service information referenced in 

EASA AD 2020–0256 specifies to contact the 

manufacturer for repair information, for this 

AD: Before further flight, do the repair using 

a method approved by the Manager, 

International Validation Branch, FAA; or 

EASA; or Leonardo S.p.a.’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(6) This AD does not require the 

‘‘Remarks’’ section of EASA AD 2020–0256. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2020–0256 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) 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 (k)(2) 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. 

(k) Related Information 

(1) For EASA AD 2020–0256, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

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

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

material at the FAA, Office of the Regional 

Counsel, Southwest Region, 10101 Hillwood 

Pkwy., Room 6N–321, Fort Worth, TX 76177. 

For information on the availability of this 

material at the FAA, call (817) 222–5110. 

This material may be found in the AD docket 

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

for and locating Docket No. FAA–2021–0697. 

(2) For more information about this AD, 

contact Andrea Jimenez, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance & 

Airworthiness Division, FAA, 1600 Stewart 

Ave., Suite 410, Westbury, NY 11590; 

telephone (516) 228–7330; email 

andrea.jimenez@faa.gov. 

Issued on August 18, 2021. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–18256 Filed 8–25–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0201] 

RIN 1625–AA00 

Safety Zone; Columbia River Outfall 

Project, Columbia River, Vancouver, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain navigable waters of the 

Columbia River. This action is necessary 

to provide for the safety of life on these 

navigable waters near Knapp, WA, at 

Columbia River Mile 95.8 from October 

1, 2021, through March 15, 2022. This 

proposed rulemaking would prohibit 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port Sector Columbia 

River or a designated representative. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before September 10, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0201 using the Federal 

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LCDR Dixon 

Whitley, Waterways Management 

Division, Marine Safety Unit Portland, 

U.S. Coast Guard; telephone 503–240– 

9319, email D13-SMBMSUPortlandWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On November 18, 2020, the Discovery 

Clean Water Alliance notified the Coast 

Guard that it would begin construction 

for their Phase 5A Project: Columbia 

River Outfall and Effluent Pipeline from 

12:01 a.m. on October 1, 2021, through 

11:59 p.m. on March 15, 2022, to 

remove and replace existing pipeline. 

The construction project includes the 

removal and replacement of an existing 

navigation marker (3-pile dolphin), 

installation of a 48′′ pipeline in the 

riverbed outside the navigation channel, 

and removal of an existing 30′′ pipeline 

from the riverbed. The scope of work 

may include the need to construct 

temporary pile-supported work 

platforms, or dredge, to access shallow 

water areas. Lighted barges will be used 

in deeper water. The Captain of the Port 

Sector Columbia River (COTP) has 

determined that potential hazards 

associated with the construction project 

would be a safety concern for anyone 

within the designated area of the 

Columbia River Outfall and Effluent 

Pipeline construction project. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 


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47612 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Proposed Rules 

navigable waters within the designated 

area of the Columbia River Outfall and 

Effluent Pipeline construction project. 

The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

safety zone from October 1, 2021, 

through March 15, 2022. The safety 

zone would cover all navigable waters 

of the Columbia River, surface to 

bottom, encompassed by a line 

connecting the following points 

beginning at the shoreline at 45°43′57.0′′ 

N/122°45′21.0′′ W, west to 45°43′58.0′′ 

N/122°45′33.0′′ W, south to 45°43′39.0′′ 

N/122°45′35.0′′ W, thence east to 

45°43′39.0′′ N/122°45′21′′ W, and along 

the shoreline back to the beginning 

point. The duration of the zone is 

intended to ensure the safety of vessels 

and these navigable waters while the 

pipeline construction is underway. No 

vessel or person would be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. A designated 

representative means any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the COTP 

to act on his behalf, or a Federal, State, 

and local officer designated by or 

assisting the Captain of the Port Sector 

Columbia River in the enforcement of 

the safety zone. Vessel operators 

desiring to enter or operate with the 

safety zone would contact the COTP’s 

on-scene designated representative by 

calling (503) 209–2468 or the Sector 

Columbia River Command Center on 

Channel 16 VHF–FM. Those in the 

safety zone would comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. The 

regulatory text we are proposing appears 

at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-year of the safety zone. 

Vessel traffic would be able to safely 

transit around this safety zone which 

would impact a small designated area of 

the Columbia River during the 

construction project. Moreover, the 

Coast Guard would issue a Notice to 

Mariners about the zone, and the rule 

would allow vessels to seek permission 

to enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

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

605(b) that this proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed rule. If the 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would not call for 

a new collection of information under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism), if it has a substantial 

direct effect on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. We have analyzed 

this proposed rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security 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 made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves a safety zone lasting 166 

days that would prohibit vessel traffic to 


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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Proposed Rules 47613 

transit the area during construction 

operations. Normally such actions are 

categorically excluded from further 

review under paragraph L60 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to 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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. 

Comments we post to https://

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Documents mentioned in this NPRM 

as being available in the docket, and 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. If 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1, Revision No. 01.2. 

■ 2. Add § 165.T13–0201 to read as 

follows: 

§ 165.T13–0201 Safety Zones: Safety Zone; 

Columbia River Outfall and Effluent Pipeline 

Construction Project, Columbia River, 

Vancouver, WA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Columbia River, surface to bottom, 

encompassed by a line connecting the 

following points beginning at the 

shoreline at 45°43′57.0′′ N/122°45′21.0′′ 

W, west to 45°43′58.0′′ N/122°45′33.0′′ 

W, south to 45°43′39.0′′ N/122°45′35.0′′ 

W, thence east to 45°43′39.0′′ N/ 

122°45′21′′ W, and along the shoreline 

back to the beginning point. 

(b) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Sector Columbia River (COTP) to act on 

his behalf, or a Federal, State, and local 

officer designated by or assisting the 

Captain of the Port Sector Columbia 

River in the enforcement of the safety 

zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) Vessel operators desiring to enter 

or operate with the safety zone may 

contact the COTP’s on-scene designated 

representative by calling (503) 209–2468 

or the Sector Columbia River Command 

Center on Channel 16 VHF–FM. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(d) Enforcement period. This safety 

zone is in effect from 12:01 a.m. on 

October 1, 2021, through 11:59 p.m. on 

March 15, 2022. It will be subject to 

enforcement this entire period unless 

the Captain of the Port, Sector Columbia 

River determines it is no longer needed. 

The Coast Guard will inform mariners of 

any change to this period of 

enforcement via Notice to Mariners. 

Dated: August 17, 2021. 

M. Scott Jackson, 

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

Port Sector Columbia River. 

[FR Doc. 2021–18388 Filed 8–25–21; 8:45 am] 

BILLING CODE 9110–04–P 


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