41886 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2017–0691] 

RIN 1625–AA08 

Special Local Regulation; Tennessee 

River, Knoxville, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for all navigable waters of the 

Tennessee River from mile marker (MM) 

641 to MM 648.7. This special local 

regulation is necessary to provide safety 

for the participants of the Bridges to 

Bluffs marine event in Knoxville, TN. 

This regulation prohibits vessels from 

entering into, transiting through, or 

anchoring in the Tennessee River from 

MM 641 to MM 648.7 from 9 a.m. 

through 1 p.m. unless authorized by the 

Captain of the Port Sector Ohio Valley 

(COTP). 

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

through 1 p.m. on September 17, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0691 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 Petty Officer Jonathan Braddy. 

U.S. Coast Guard Marine Safety 

Detachment Nashville at 615–736–5421, 

email: MSDNashville@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Ohio Valley 

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. We must establish this 

special local regulation by September 

17, 2017 and lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing this 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. For 

the reasons stated above, delaying this 

rule would be contrary to the public 

interest of ensuring the safety of 

participants, spectators, and vessels 

during the marine 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 Sector Ohio Valley 

(COTP) has determined the need to 

protect participants during the Bridges 

to Bluffs marine event on the Tennessee 

River from mile marker (MM) 641 to 

MM 648.7. The purpose of this rule is 

to protect personnel, vessels, and these 

navigable waters before, during, and 

after the scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

This rule establishes a temporary 

special local regulation from 9 a.m. 

through 1 p.m. on September 17, 2017. 

The temporary special local regulation 

will cover all navigable waters of the 

Tennessee River from MM 641 to MM 

648.7. The duration of the special local 

regulation is intended to ensure the 

safety of waterway users and these 

navigable waters before, during, and 

after the scheduled event. No vessel or 

persons are permitted to enter the 

special local regulated area without 

obtaining permission from the COTP. 

The regulatory text we are establishing 

appears at the end of this document. 

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-day of the special local 

regulation. The river will be closed to 

all vessel traffic for a seven hour period 

from 9 a.m. to 1 p.m. from MM 641 to 

MM 648.7. The Coast Guard will issue 

written Local Notice to Mariners and 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the 

temporary special local regulation that 

is in place. 

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 due 

to the limited scope and duration of the 

rule. 

While some owners or operators of 

vessels intending to transit the special 

local regulation, 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 

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Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41887 

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. 

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 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 the 

establishment of a special local 

regulation that would prohibit entry of 

vessels on the Tennessee River from 

MM641 to MM 648.7 for four hours on 

one day. It is categorically excluded 

from further review under paragraph 

34(h) of Figure 2–1 of the Commandant 

Instruction. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

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 § 100.35T08–0691 to read as 

follows: 

§ 100.35T08–0691 Special Local 

Regulation; Tennessee River, Knoxville, TN. 

(a) Special local regulated area. The 

following area is a temporary special 

local regulation: All navigable waters of 

the Tennessee River between mile 

marker (MM) 641 and MM 648.7 

Knoxville, TN. 

(b) Effective date. This special local 

regulation is effective from 9 a.m. 

through 1 p.m. on September 17, 2017. 

(c) Special local regulations. In 

accordance with the general regulations 

in § 100.801 of this part, entry into this 

area is prohibited unless authorized by 

Captain of the Port Sector Ohio Valley 

(COTP) or a designated representative. 

Vessels are not permitted to transit 

through or within the area while 

swimmers are in the water from 9 a.m. 

through 1 p.m. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through Local 

Notice to Mariners and Broadcast 

Notices to Mariners of the enforcement 

period for the special local regulation, 

as well as any changes in the planned 

schedule. 

Dated: August 25, 2017. 

M.A. Wike, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Sector Ohio Valley. 

[FR Doc. 2017–18674 Filed 9–1–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0343] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, Little 

River to Savannah River, Beaufort, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the operating schedule that governs the 

Lady’s Island Bridge, across the Beaufort 

River, Mile 536.0 at Beaufort, SC. This 

modification allows Lady’s Island 

Bridge to remain closed during peak 

vehicular traffic times. The bridge 

owner, South Carolina Department of 

Transportation, requested this action to 

assist in reducing traffic caused by 

bridge openings. 

DATES: This rule is effective October 5, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2015– 

0343 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 

e-mail Ms. Jennifer Zercher at telephone 

305–415–6740, email 

jennifer.n.zercher@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

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