Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 48417 

Vessel Number Distance in meters of sidelights above 

maximum allowed height 

USS MICHAEL MONSOOR ....................................................................................... DDG 1001 2.23 PORT. 

2.52 STBD. 

* * * * * * * 

* * * * * 22. * * * 

Vessel Number 

Vertical Separation of the task light array 

is not equally spaced, the separation between the middle and lower task light exceed the separation between the upper 

and middle light by 

*******

USS MICHAEL MONSOOR ....................................................................................... DDG 1001 FWD: 0.01 meter. 

AFT: 0.00 meter. 

PORT: 0.17 meter. 

STBD: 0.24 meter. 

* * * * * * * 

* * * * * 

TABLE FIVE

Vessel Number 

Masthead 

lights not 

over all 

other lights 

and 

obstructions; 

annex I, 

sec. 2(f) 

Forward 

masthead 

light not in 

forward 

quarter 

of ship; 

annex I, 

sec. 3(a) 

After 

masthead 

light less 

than 1⁄2 ship’s 

length aft of 

forward 

masthead 

light; 

annex I, 

sec.3(a) 

Percentage 

horizontal 

separation 

attained 

*******

USS MICHAEL MONSOOR .............................................. DDG 1001 X X X 77.2 

*******

Approved: October 3, 2017. 

A.S. Janin, 

Captain, JAGC, U.S. Navy, Deputy Assistant 

Judge Advocate, General (Admiralty and 

Maritime Law). 

Dated: October 10, 2017. 

A.M. Nichols, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy,Federal Register 

Liaison Officer. 

[FR Doc. 2017–22577 Filed 10–17–17; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2017–0858] 

RIN 1625–AA08 

Special Local Regulation; Clinch River, 

Oak Ridge, 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 Clinch 

River from mile marker (MM) 49.5 to 

MM 54.0. This action is necessary to 

provide for the safety of life on these 

navigable waters near Oak Ridge, TN 

during the Secret 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 6 a.m. 

through 6 p.m. on October 21, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0858 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 

Petty Officer Vera Max, Marine Safety 

Detachment Nashville, U.S. Coast 

Guard; telephone 615–736–5421, email 

MSDNashville@uscg.mil. 

SUPPLEMENTARY INFORMATION: 


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48418 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 

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 final 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 the 

special local regulation by October 21, 

2017 and 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 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 Secret City 

Head Race from 6 a.m. through 6 p.m. 

on October 21, 2017 will be a safety 

concern for all navigable waters on the 

Clinch River extending from mile 

marker (MM) 49.5 to MM 54.0. 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 6 a.m. through 6 p.m. on 

October 21, 2017 for all navigable 

waters on the Clinch River from MM 

49.5 to MM 54.0. 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 

Local Notice to Mariners and 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 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. 


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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 48419 

1A full description of the remote operational 

system is outlined in the aforementioned 

publication, which can be found at http://

regulations.gov. (see ADDRESSES for more 

information). 

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 twelve hours on one 

day extending less than five miles of the 

Clinch River from MM 49.5 to MM 54.0. 

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 § 100.35T08–0858 to read as 

follows: 

§ 100.35T08–0858 Special Local 

Regulation; Clinch River, Oak Ridge, TN. 

(a) Location. All navigable waters of 

the Clinch River between mile marker 

(MM) 49.5 and MM 54.0, Oak Ridge, 

TN. 

(b) Effective period. This section will 

be enforced from 6 a.m. through 6 p.m. 

on October 21, 2017. 

(c) Special local regulations. (1) Entry 

into this area is prohibited unless 

authorized by 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: October 10, 2017. 

M.B. Zamperini, 

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

Port, Sector Ohio Valley. 

[FR Doc. 2017–22595 Filed 10–17–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0257] 

Drawbridge Operation Regulation; 

Delaware River, Pennsauken 

Township, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the DELAIR 

Memorial Railroad Bridge across the 

Delaware River, mile 104.6, at 

Pennsauken Township, NJ. This 

deviation will test the remote operation 

capability of the drawbridge to 

determine whether the bridge can be 

safely operated from a remote location. 

This deviation will allow the bridge to 

be remotely operated from the Conrail 

South Jersey dispatch center in Mount 

Laurel, NJ, instead of being operated by 

an on-site bridge tender. 

DATES: This deviation is effective from 

8 a.m. on October 21, 2017 through 7:59 

a.m. on April 19, 2018. 

Comments and related material must 

reach the Coast Guard on or before 

January 15, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2016–0257 using Federal eRulemaking 

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

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this test 

deviation, call or email Mr. Hal R. Pitts, 

Fifth Coast Guard District (dpb); 

telephone (757) 398–6222, email 

Hal.R.Pitts@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis 

On April 12, 2017, we published a 

notice in the Federal Register entitled, 

‘‘Drawbridge Operation Regulation; 

Delaware River, Pennsauken Township, 

NJ’’ announcing a temporary deviation 

from the regulations, with request for 

comments (see 82 FR 17562). The 

purpose of the deviation was to test the 

newly installed remote operational 

capabilities of the DELAIR Memorial 

Railroad Bridge across the Delaware 

River, mile 104.6, at Pennsauken 

Township, NJ, owned and operated by 

Conrail Shared Assets. The installation 

of the remote capabilities did not 

change the operational schedule of the 

bridge.1

During the initial test deviation 

performed from 8 a.m. on April 24, 

2017, through 7:59 a.m. on October 21, 

2017, the bridge owner identified 

deficiencies in the remote operation 

center procedures, bridge to vessel 

communications, and equipment 

redundancy. Comments concerning 

these deficiencies were submitted to the 

docket and provided to the Coast Guard 

and bridge owner by representatives 

from the Mariners’ Advisory Committee 

for the Bay and River Delaware. 

During the initial test deviation, we 

also published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register, entitled, ‘‘Drawbridge 

Operation Regulation; Delaware River, 

Pennsauken Township, NJ’’ (see 82 FR 

29800). In the NPRM, we stated that we 

are proposing to modify the operating 

regulation that governs the DELAIR 


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