Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 45979 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2017–0812] 

RIN 1625–AA08 

Special Local Regulation; Cumberland 

River, Nashville, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for all navigable waters of the 

Cumberland River from mile marker 

(MM) 190.0 to MM 195.0. This action is 

necessary to provide for the safety of life 

on these navigable waters near 

Nashville, TN during the Music City 

Head Race. Entry into, transiting 

through, or anchoring within this 

regulated area is prohibited unless 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or a 

designated representative. 

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

on October 6, 2017 through 7 p.m. on 

October 7, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0812 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 notice of 

enforcement, call Petty Officer Jonathan 

Braddy, 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. This event is among the 

annual recurring events listed in 33 CFR 

100.801, Table 1, line no. 65, between 

mile marker (MM) 190.0 to MM 195.0, 

as occuring on the last weekend in 

September. This year, the dates of the 

event have been changed by the event 

organizer to the first weekend in 

October. 

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 impracticable and contrary to 

the public interest because immediate 

action is needed to protect the persons 

and property from the dangers 

associated with the race. 

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 that potential 

hazards associated with the Music City 

Head Race from 9 a.m. through 7 p.m. 

on October 6, 2017 and from 4 a.m. 

through 7 p.m. on October 7, 2017, will 

be a safety concern for all navigable 

waters on the Cumberland River 

extending from mile marker (MM) 190.0 

to MM 195.0. The purpose of this 

rulemaking is to ensure the safety of life 

and vessels on these navigable waters 

before, during, and after the scheduled 

event. 

IV. Discussion of the Rule 

This rule establishes a special local 

regulation from 9 a.m. through 7 p.m. on 

October 6, 2017 and from 4 a.m. through 

7 p.m. on October 7, 2017 for all 

navigable waters on the Cumberland 

River from MM 190.0 to MM 195.0. The 

duration of the regulated area is 

intended to ensure the safety of life and 

vessels on 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 the 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. 

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. Vessel traffic will be able to 

safely navigate through the affected area 

before and after the scheduled event. 

Moreover, the Coast Guard will issue 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the 

regulated area and the rule allows 

vessels to seek permission to enter the 

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 


jstallworth on DSKBBY8HB2PROD with RULES
45980 Federal Register / Vol. 82, No. 190 / Tuesday, October 3, 2017 / Rules and Regulations 

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. 

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 lasting twenty-three hours 

over two days extending a limited 

distance of five miles that will prohibit 

entry on all navigable waters of the 

Cumberland River from MM 190.0 to 

MM 195.0. It is categorically excluded 

from further review under paragraph 

35(a) of Figure 2–1 of the Commandant 

Instruction and a Record of 

Environmental Consideration was not 

necessary. 

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 § 100.35T08–0812 to read as 

follows: 

§ 100.35T08–0812 Special Local 

Regulation; Cumberland River, Nashville, 

TN. 

(a) Location. All navigable waters of 

the Cumberland River between mile 

marker (MM) 190.0 and MM 195.0, 

Nashville, TN. 

(b) Effective period. This section will 

be enforced from 9 a.m. on October 6, 

2017 through 7 p.m. on October 7, 2017. 

(c) Special local regulations. (1) Entry 

into this area is prohibited unless 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or a 

designated representative. 

(2) Persons or vessels desiring entry 

into or passage through the area must 

request permission from the COTP or a 

designated representative. U.S. Coast 

Guard Sector Ohio Valley may be 

contacted on VHF Channel 13 or 16 or 

by telephone at 1–800–253–7465. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the special local 

regulation, as well as any changes in the 

dates and times of enforcement. 

Dated: September 18, 2017. 

M.B. Zamperini, 

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

Port, Sector Ohio Valley. 

[FR Doc. 2017–21166 Filed 10–2–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0826] 

Drawbridge Operation Regulation; 

Willamette River, Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from drawbridge regulation; 

cancellation. 

SUMMARY: The Coast Guard is canceling 

the temporary deviation concerning the 

Morrison Bridge across the Willamette 

River, mile 12.8, at Portland, Oregon. A 

temporary interim rule has been 

approved which grants the bridge 

owner, Multnomah County, an 

extension of time to replace the bridge 

decking. The temporary interim rule 

effectively replaces the temporary 

deviation. 

DATES: The temporary deviation 

published on September 1, 2017 (82 FR 

41520), is cancelled as of October 3, 

2017. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0826, is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. 


jstallworth on DSKBBY8HB2PROD with RULES