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 


ethrower on DSK3G9T082PROD with RULES
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. 


ethrower on DSK3G9T082PROD with RULES