48420 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 

Memorial Railroad Bridge across the 

Delaware River, mile 104.6, at 

Pennsauken Township, NJ. This 

proposed regulation would 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. In 

the NPRM, we also stated we would not 

change the operating schedule of the 

bridge. The comment period for the 

notice and NPRM closed on August 18, 

2017, and we received a total of fourteen 

comments. The Coast Guard will 

adjudicate all comments at the 

completion of this test. 

The bridge owner implemented 

policies and provided training to 

address the procedural and 

communications deficiencies and 

implemented backup systems to 

mitigate potential equipment and 

systems failures. These changes were 

not fully evaluated during the test 

deviation ending October 21, 2017. 

Therefore, the Coast Guard has decided 

to issue a second test deviation to 

complete the evaluation of the changes 

incorporated into the remote operation 

system. 

This test deviation will commence at 

8 a.m. on October 21, 2017, and 

conclude at 7:59 a.m. on April 19, 2018. 

During the test deviation, a bridge 

tender will be stationed on-site at the 

bridge and will be able to immediately 

take local control of the bridge, as 

required. 

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 transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to normal 

local operation at the end of the 

effective period of this temporary 

deviation. This deviation from the 

operating regulations is authorized 

under 33 CFR 117.35. 

II. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacynotice. 

Documents mentioned in this notice 

as being available in this docket and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

Dated: October 13, 2017. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2017–22639 Filed 10–17–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0817] 

RIN 1625–AA00 

Safety Zone; Cumberland River, 

Nashville, 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 Cumberland 

River extending from mile marker (MM) 

190.7 to MM 191.1. This action is 

necessary to provide for the safety of life 

on these navigable waters near 

Nashville, TN, during the Light the 

Night Walk fireworks display. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Ohio Valley or a designated 

representative. 

DATES: This rule is effective from 8:15 

p.m. through 8:30 p.m. on October 20, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0817 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 

Jonathan Braddy, MSD Nashville, U.S. 

Coast Guard; telephone 615–736–5421, 

email Jonathan.G.Braddy@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 October 20, 2017 because 

of the safety issues involved and there 

is insufficient 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 sharing 

information with the waterway users 

will update mariners of the restrictions, 

requirements, and enforcement times 

during this temporary situation. 


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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 48421 

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 fireworks 

display from 8:15 p.m. through 8:30 

p.m. on October 20, 2017 will be a 

safety concern for all navigable waters 

of the Cumberland River extending from 

mile marker (MM) 190.7 to MM 191.1. 

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 Light the Night 

Walk Fireworks Display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 8:15 p.m. through 8:30 

p.m. on October 20, 2017. The 

temporary safety zone will cover all 

navigable waters of the Cumberland 

River extending from MM 190.7 to MM 

191.1. The duration of the temporary 

safety zone is intended to ensure the 

safety of life and vessels on 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 

only be in effect for fifteen minutes and 

covers an area of the waterway 

stretching less than one mile. 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 


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48422 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 

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. 

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.T08–0817 to read as 

follows: 

§ 165.T08–0817 Safety zone; Cumberland 

River, Nashville, TN. 

(a) Location. The following area is a 

temporary safety zone area: All 

navigable waters of the Cumberland 

River between mile marker (MM) 190.7 

and MM 191.1, Nashville, TN. 

(b) Effective period. This temporary 

safety zone will be enforced from 8:15 

p.m. through 8:30 p.m. on October 20, 

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 

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: October 10, 2017. 

M.B. Zamperini, 

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

Port, Sector Ohio Valley. 

[FR Doc. 2017–22592 Filed 10–17–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0913] 

RIN 1625–AA00 

Safety Zone; Ohio River, Cincinnati, 

OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Ohio River 

extending from mile marker (MM) 469.5 

to MM 470.1. This action is necessary to 

provide for the safety of life on the 

navigable waters near Cincinnati, OH, 

during the Arthur Rozzi Pyrotechnics 

display. 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 from 7:45 

p.m. through 8:45 p.m. on October 19, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0913 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 

Joshua Herriott, Sector Ohio Valley, U.S. 

Coast Guard; telephone 502–779–5343, 

email Joshua.R.Herriott@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 action is necessary 

to ensure the safety of life during the 

Arthur Rozzi Pyrotechnics display. It is 

impracticable to publish an NPRM 

because the Coast Guard must establish 

this safety zone by October 19, 2017 and 

we 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 sharing 

information 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 fireworks 

display from 7:45 p.m. through 8:45 

p.m. on October 19, 2017 will be a 

safety concern for all navigable waters 

of the Ohio River extending from mile 

marker (MM) 469.5 to MM 470.1. 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 Arthur Rozzi Pyrotechnics 

Display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 7:45 p.m. through 8:45 


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