Special Local Regulation; Low Country Splash Open Water Swim, Charleston, SC, 46115-46117 [2021-17711]
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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
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.
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(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.
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16:01 Aug 17, 2021
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(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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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.
SUMMARY:
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46115
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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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.
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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
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16:01 Aug 17, 2021
Jkt 253001
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
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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
Dated: August 11, 2021.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
[FR Doc. 2021–17711 Filed 8–17–21; 8:45 am]
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
BILLING CODE 9110–04–P
1.
2. Add § 100.T07–0084 to read as
follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 100.T07–0084 Special Local Regulation;
Low Country Splash Open Water Swim,
Wando River, Cooper River, and Charleston
Harbor; Charleston, SC.
Coast Guard
(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.
[Docket Number USCG–2021–0644]
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■
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33 CFR Part 165
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
Waxhaw, MS; MM 593–597
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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:
SUMMARY:
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
PO 00000
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46117
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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]]>Agencies
[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Rules and Regulations]
[Pages 46115-46117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17711]
=======================================================================
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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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. 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 Sec. 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
[[Page 46116]]
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:
[[Page 46117]]
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T07-0084 to read as follows:
Sec. 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[deg]51'20'' N, 079[deg]54'06''
W, south along the coast of Daniel Island, across the Wando River to
Hobcaw Yacht Club, in approximate position 32[deg]49'20'' N,
079[deg]53'49'' W, south along the coast of Mt. Pleasant, S.C., to
Charleston Harbor Resort Marina, in approximate position 32[deg]47'20''
N, 079[deg]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
