38598 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

287 9–1–17 10–1–17 1.00 4.00 4.00 4.00 7 8 

■ 3. In Appendix C to part 4022, Rate 

Set 287, as set forth below, is added to 

the table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates for Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a valuation 

date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

287 9–1–17 10–1–17 1.00 4.00 4.00 4.00 7 8 

Issued in Washington, DC. 

Deborah Chase Murphy, 

Assistant General Counsel for Regulatory 

Affairs, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2017–17075 Filed 8–14–17; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2017–0710] 

RIN 1625–AA08 

Special Local Regulation; Mobile River, 

Mobile, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation on the Mobile River, Mobile, 

AL. The special local regulation is 

needed to protect the persons 

participating in the Rubber Ducky 

Regatta marine event. This rule restricts 

transit into, through, and within the 

regulated area unless specifically 

authorized by the Captain of the Port 

Mobile. 

DATES: This rule is effective from 9 a.m. 

until 1 p.m. on August 26, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0710 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 LT Kyle D. Berry, Sector Mobile, 

Waterways Management Division, U.S. 

Coast Guard; telephone 251–441–5940, 

email kyle.d.berry@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Mobile 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

PATCOM Patrol Commander 

§ 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. We did not receive notice 

of the event until July 13, 2017. After a 

thorough review of the details for this 

event, including the number of 

anticipated spectators, the Coast Guard 

determined that a special local 

regulation was needed to protect 

persons and property in the vicinity of 

the area from potential hazards present 

with the Rubber Ducky Regatta marine 

event on this navigable waterway. This 

special local regulation must be 

established by August 26, 2017 and we 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date of this rule 

would be contrary to public interest 

because immediate action is needed to 

respond to the potential safety hazards 

associated with this event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1233. The 

Captain of the Port Mobile (COTP) has 

determined that potential hazards 

associated with the marine event on 

August 26, 2017 will be a safety concern 

for anyone within the area of the Mobile 

River, Mobile, AL encompassing a halfmile radius of a point near 30°41′24.8′′ 

N., 88°2′12.9′′ W. This rule is needed to 

protect participants, spectators, and 

other persons and vessels during the 

marine event on navigable waters. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation on August 26, 2017, which 

will be enforced between the hours of 9 

a.m. and 1 p.m. The special local 

regulation takes place on the Mobile 

River, Mobile AL, encompassing a halfmile radius of a point at approximate 

location 30°41′24.8′′ N., 88°2′12.9′′ W. 


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Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 38599 

The regulation is intended to protect 

participants, spectators, and other 

persons and vessels before, during, and 

after the marine event. No vessel or 

person will be permitted to enter, transit 

within or through, or exit the regulated 

area without obtaining permission from 

the COTP or a designated 

representative. Spectator vessels 

desiring to enter, transit through or 

within, or exit the regulated area may 

request permission to do so from the 

Patrol Commander (PATCOM). When 

permitted to transit the area vessels 

must follow restrictions within the 

regulated area as directed by the Coast 

Guard, and must operate at a minimum 

safe navigation speed in a manner 

which will not endanger participants in 

the regulated area or any other vessels. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-year of the regulation. The 

special local regulation will take place 

on a mile stretch of navigable waterway, 

during a short duration of four hours on 

one day on the Mobile River, Mobile, 

AL encompassing a half-mile radius of 

a point at approximate location 

30°41′24.8′′ N., 88°2′12.9′′ W. Moreover, 

the Coast Guard will issue Broadcast 

Notices to Mariners via VHF–FM marine 

channel 16 about the regulation so that 

waterway users may plan accordingly 

for transits during this restriction. The 

rule also allows vessels to seek 

permission from the COTP or a 

designated representative to enter the 

regulated area. 

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 regulated 

area 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 contact 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

special local regulation lasting for four 

hours on one day on the Mobile River, 

Mobile, AL encompassing a half-mile 

radius of a point at approximate 

location 30°41′24.8′′ N., 88°2′12.9′′ W. It 

is categorically excluded from further 

review under paragraph 34(h) of Figure 

2–1 of the Commandant Instruction. A 

Record of Environmental Consideration 

(REC) supporting this determination 

will be made available in the docket 

where indicated under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 


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38600 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233 

■ 2. Add § 100.35T08–0710 to read as 

follows: 

§ 100.35T08–0710 Special Local 

Regulation; Mobile River, Mobile, AL. 

(a) Regulated area. All navigable 

waters of the Mobile River, Mobile, AL 

encompassing a half-mile radius of a 

point at approximate location 

30°41′24.8′′ N., 88°2′12.9′′ W. 

(b) Period of enforcement. This rule 

will be enforced from 9 a.m. until 1 p.m. 

on August 26, 2017. 

(c) Special local regulations. (1) Entry 

into, transit within or through, or exit 

from this area is prohibited unless 

authorized by the Captain of the Port 

Mobile (COTP) or the designated Patrol 

Commander. The Coast Guard will 

patrol the regulated area under the 

direction of a designated Coast Guard 

Patrol Commander. The Patrol 

Commander may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM’’. 

(2) All persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state, or local law enforcement 

and sponsor provided vessels assigned 

or approved by the COTP to patrol the 

regulated area. 

(3) Spectator vessels desiring to 

transit the regulated area may do so only 

with prior approval of the Patrol 

Commander and when so directed by 

that officer will be operated at a 

minimum safe navigation speed in a 

manner which will not endanger 

participants in the regulated area or any 

other vessels. 

(4) No spectator vessel shall anchor, 

block, loiter, or impede the through 

transit of participants or official patrol 

vessels in the regulated area during the 

effective dates and times, unless cleared 

for entry by or through an official patrol 

vessel. 

(5) The patrol commander may forbid 

and control the movement of all vessels 

in the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(6) Any spectator vessel may anchor 

outside the regulated area, but may not 

anchor in, block, or loiter in a navigable 

channel. Spectator vessels may be 

moored to a waterfront facility within 

the regulated area in such a way that 

they shall not interfere with the progress 

of the event. Such mooring must be 

complete at least 30 minutes prior to the 

establishment of the regulated area and 

remain moored through the duration of 

the event. 

(7) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(8) The Patrol Commander will 

terminate enforcement of the special 

local regulations at the conclusion of the 

event. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the regulated 

area as well as any changes in the date 

and times of enforcement. 

Dated: July 25, 2017. 

M.R. McLellan, 

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

Port Mobile. 

[FR Doc. 2017–17215 Filed 8–14–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0205] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, New 

Smyrna Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the operating schedule that governs the 

Coronado Beach (George Musson) 

Bridge across the Atlantic Intracoastal 

Waterway, mile 845, at New Smyrna 

Beach, FL. This rule will change the 

existing 20 minute opening schedule to 

a 30 minute opening schedule between 

7 a.m. and 7 p.m. The rule will also add 

the local bridge name to the regulation 

published in the Code of Federal 

Regulations, George Musson/Coronado 

Beach (SR44). 

DATES: This rule is effective September 

14, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

0205 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Eddie Lawrence with the 

Coast Guard; telephone 305–415–6946, 

email Eddie.H.Lawrence@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

SNPRM Supplemental notice of proposed 

rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On May 10, 2016, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Atlantic Intracoastal 

Waterway, New Smyrna Beach, FL in 

the Federal Register (81 FR 28791). We 

received 5 comments on this rule. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 499. 

George Musson/Coronado Beach (SR 

44) bridge, mile 845 at New Smyrna 

Beach is a bascule bridge with a vertical 

clearance of 24 feet in the closed 

position and unlimited in the open 

position. Per 33 CFR 117.261(h), the 

current operating schedule states the 

bridge shall open on signal, except that 

from 7 a.m. until 7 p.m., each day of the 

week, the draw need only open on the 

hour, twenty minutes past the hour and 

forty minutes past the hour. 

On April 25, 2015, the City of New 

Smyrna Beach requested the Coast 

Guard review the current operating 

schedule for the Coronado Beach 

(George Musson) Bridge (SR 44) to 

determine whether a change could be 


jstallworth on DSKBBY8HB2PROD with RULES