Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations 42941 

SUPPLEMENTARY INFORMATION: The 

Suffolk County Department of Public 

Works, the owner of the bridge, 

requested a temporary deviation in 

order to complete rehabilitation of the 

bascule leaves and painting of the 

bridge. The Beach Lane Bridge across 

the Quantuck Canal at mile 1.1 at 

Westhampton Beach, New York is a 

double-leaf bascule bridge with a 

vertical clearance of 13.9 feet at mean 

high water and 16.2 feet at mean low 

water in the closed position. Horizontal 

clearance is 50.3 feet, but utilization of 

a work barge placed underneath one of 

the bascule leaves reduces horizontal 

clearance to 25 feet. The existing 

drawbridge operating regulations are 

listed at 33 CFR 117.799(d). 

On May 15, 2017, the Coast Guard 

published a temporary deviation 

entitled ‘‘Drawbridge Operation 

Regulation; Quantuck Canal, 

Westhampton Beach, NY’’ in the 

Federal Register (82 FR 22281). Under 

that temporary deviation, between April 

17, 2017 and September 30, 2017, the 

Beach Lane Bridge was authorized to 

open only one bascule span at a time in 

order to provide passage for vessels 

requiring an opening. Dual lift span 

operations would be permitted provided 

48 hours of advance notice was 

furnished to the owner of the bridge. 

Due to unanticipated project delays, 

the Suffolk County Department of 

Public Works has requested to continue 

one-leaf operations until October 13, 

2017, allowing for completion of 

bascule leaf rehabilitation. 

Vessels that can pass under the bridge 

without an opening may do so at all 

times. The bridge will be able to open 

for emergencies. There is no alternate 

route for vessels to pass. 

The Coast Guard will also inform the 

users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessel operators can 

arrange their transit to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: September 7, 2017. 

Christopher J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2017–19374 Filed 9–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0838] 

RIN 1625–AA00 

Safety Zone; Tennessee River, 

Knoxville, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Tennessee 

River extending from mile marker (MM) 

646.8 to MM 647.0. This action is 

necessary to provide for the safety of life 

on the navigable waters near Knoxville, 

TN, during the University of Tennessee 

Football Season recurring fireworks 

displays. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Ohio Valley (COTP) or 

a designated representative. 

DATES: This rule is effective without 

actual notice from September 13, 2017 

through 11 p.m. on November 25, 2017. 

For the purposes of enforcement, actual 

notice will be used from September 8, 

2017 through September 13, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0838 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 about this proposed 

rulemaking, call or email Petty Officer 

Vera Max, Marine Safety Detachment 

Nashville, U.S. Coast Guard; telephone 

615–736–5421, email MSDNashville@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector 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 

safety zone by September 9, 2017 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 it effective less than 30 days 

after publication in the Federal 

Register. Delaying this rule would be 

contrary to public interest in ensuring 

the safety of spectators and vessels 

during the event because immediate 

action is necessary to prevent possible 

loss of life and property. Broadcast 

Notices to Mariners (BNM) and 

information sharing with the waterway 

users will update mariners of the 

restrictions, requirements and 

enforcement times during this 

temporary situation. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with the recurring 

fireworks displays from 3:30 p.m. on 

September 9, 2017 through 11 p.m. on 

November 25, 2017 will be a safety 

concern for all navigable waters of the 

Tennessee River extending from Mile 

Marker (MM) 646.8 to MM 647.0. The 

purpose of this rule is to ensure safety 

of life on the navigable waters in the 

temporary safety zone before, during, 

and after the University of Tennessee 

Football Season Fireworks Displays. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone during each University of 

Tennessee football home game during 

the 2017 season that will have a 

fireworks display. The temporary safety 

zone will cover all navigable waters of 

the Tennessee River extending from MM 

646.8 to MM 647.0. Transit into and 

through this area is prohibited from 30 

minutes before kickoff until the end of 

each game. The first game will be on 

September 9, 2017 at 4 p.m. The safety 

zone will be enforced from 3:30 p.m. 

through the end of the game at 

approximately 8 p.m. The second game 


sradovich on DSK3GMQ082PROD with RULES
42942 Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations 

will be on September 23, 2017 at 4 p.m. 

The remaining home game dates are 

September 30, October 14, November 4, 

18, and 25. Game times will be 

announced approximately two weeks 

prior and a Local Notice to Mariners 

will be issued to advise waterway users 

of the schedule as it is determined. The 

duration of the temporary safety zone is 

intended to ensure the safety of life, 

vessels, and these navigable waters 

before, during, and after the scheduled 

fireworks display. No vessel or person 

will be permitted to enter the temporary 

safety zone without obtaining 

permission from the COTP or a 

designated representative. Entry 

requests will be considered and 

reviewed on a case-by-case basis. The 

COTP may be contacted by telephone at 

1–800–253–7475 or can be reached by 

VHF–FM channel 16. Public 

notifications will be made to the local 

maritime community prior to the event 

through the Local Notice to Mariners 

and Broadcast Notice to Mariners. 

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 temporary safety 

zone. The temporary safety zone will be 

in effect for approximately 4 and-a-half 

hours and only on Saturdays during the 

University of Tennessee football season. 

The temporary safety zone covers an 

area of the waterway stretching less than 

one mile. The Coast Guard expects 

minimum adverse impact to mariners 

from the temporary safety zone 

activation as the game times will have 

been advertised to the public. Also, 

mariners may request authorization 

from the COTP or a designated 

representative to transit the temporary 

safety 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 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 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 

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 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 special 

local regulated area that would prohibit 

entry to unauthorized vessels. It is 

categorically excluded from further 

review under paragraph 34(g) 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. 


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Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations 42943 

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 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and Recordkeeping 

Requirements, Security Measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 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: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1 

■ 2. Add § 165.T08–0838 to read as 

follows: 

§ 165.T08–0838 Safety zone; Tennessee 

River, Knoxville, TN. 

(a) Location. The following area is a 

temporary safety zone area: all navigable 

waters of the Tennessee River between 

Mile Marker (MM) 646.8 and MM 647.0, 

Knoxville, TN. 

(b) Effective period. This section will 

be enforced from 3:30 p.m. on 

September 9, 2017 through 11 p.m. on 

November 25, 2017. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or a 

designated representative. Persons or 

vessels desiring to enter into or pass 

through the zone must request 

permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM radio channel 16 

or telephone at 1–800–253–7465 

(2) Persons and vessels permitted to 

enter this safety zone must transit at the 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

a designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the temporary 

safety zone as well as any changes in the 

planned schedule. 

Dated: September 8, 2017. 

M.B. Zamperini, 

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

Port Sector Ohio Valley. 

[FR Doc. 2017–19399 Filed 9–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2017–0304] 

RIN 1625–AA00 

Safety Zone; L4D Optic Ground Wire 

Crossing, St. Clair River, St. Clair, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 2000-foot 

portion of the St. Clair River in the 

vicinity of St. Clair, MI. This zone is 

necessary to protect vessels from 

potential hazards associated with the 

L4D Optic Ground Wire Crossing. 

DATES: This temporary final rule is 

effective from 7 a.m. on September 12, 

2017 through 7 p.m. September 13, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0304 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 temporary 

rule, call or email Tracy Girard, 

Prevention Department, Sector Detroit, 

Coast Guard; telephone 313–568–9564, 

or email Tracy.M.Girard@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 doing 

so would be impracticable. The Coast 

Guard did not receive the final details 

of this project until there was 

insufficient time remaining before the 

event to publish an NPRM. Thus, 

delaying the effective date of this rule to 

wait for a comment period to run would 

be impracticable because it would 

inhibit the Coast Guard’s ability to 

protect participants, mariners and 

vessels from the hazards associated with 

this event. We are issuing this rule 

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 same reason noted above. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Detroit (COTP) has 

determined that potential hazard 

associated with this project will be a 

safety concern to anyone within a 2000- 

foot area of the LD4 Ground Wire. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the project is being 

conducted. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 a.m. on September 12, 2017 

through 7 p.m. on September 13, 2017. 

A safety zone is established to include 

all U.S. navigable waters of the St. Clair 

river, St. Clair, MI, between the 

following two lines from bank-to-the 

U.S./Canadian border: The first line is 

drawn directly across the channel from 

position 42°46.139′ N., 082°28.233′ W. 

(NAD 83); the second line, to the south, 

is drawn directly across the channel 

from position 42°45.799′ N., 082°28.251′ 

W. (NAD 83). This regulated area will be 

enforced during a one hour period of 

time between 7 a.m. through 7 p.m. on 

September 12, 2017. In the event of 

inclement weather the regulated area 

will be enforced during a one hour 

period of time between 7 a.m. through 

7 p.m. on September 13, 2017. No vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. 


sradovich on DSK3GMQ082PROD with RULES