82 FR 48420 - Safety Zone; Cumberland River, Nashville, TN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 200 (October 18, 2017)

Page Range		48420-48422
FR Document		2017-22592

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.

Federal Register, Volume 82 Issue 200 (Wednesday, October 18, 2017)

[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48420-48422]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22592]


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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.

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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 
[email protected].

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
Sec.  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.

[[Page 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

[[Page 48422]]

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

0
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


0
2. Add Sec.  165.T08-0817 to read as follows:


Sec.  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 
Sec.  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

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

III. Legal Authority and Need for Rule from the requirements of Executive C. Collection of Information
The Coast Guard is issuing this rule Order 13771. This rule will not call for a new
under authority in 33 U.S.C. 1231. The This regulatory action determination collection of information under the
Captain of the Port, Sector Ohio Valley is based on the size, location, duration, Paperwork Reduction Act of 1995 (44
(COTP) has determined that potential and time-of-year of the temporary safety U.S.C. 3501–3520).
hazards associated with the fireworks zone. The temporary safety zone will D. Federalism and Indian Tribal
display from 8:15 p.m. through 8:30 only be in effect for fifteen minutes and Governments
p.m. on October 20, 2017 will be a covers an area of the waterway
safety concern for all navigable waters stretching less than one mile. Mariners A rule has implications for
of the Cumberland River extending from may request authorization from the Federalism under Executive Order
mile marker (MM) 190.7 to MM 191.1. COTP or a designated representative to 13132, Federalism, if it has a substantial
The purpose of this rule is to ensure transit the temporary safety zone. direct effect on the States, on the
safety of life on the navigable waters in relationship between the national
the temporary safety zone before, B. Impact on Small Entities government and the States, or on the
during, and after the Light the Night distribution of power and
The Regulatory Flexibility Act of responsibilities among the various
Walk Fireworks Display. 1980, 5 U.S.C. 601–612, as amended, levels of government. We have analyzed
IV. Discussion of the Rule requires Federal agencies to consider this rule under that Order and have
the potential impact of regulations on determined that it is consistent with the
This rule establishes a temporary small entities during rulemaking. The
safety zone from 8:15 p.m. through 8:30 fundamental Federalism principles and
term ‘‘small entities’’ comprises small preemption requirements described in
p.m. on October 20, 2017. The
businesses, not-for-profit organizations Executive Order 13132.
temporary safety zone will cover all
that are independently owned and Also, this rule does not have tribal
navigable waters of the Cumberland
operated and are not dominant in their implications under Executive Order
River extending from MM 190.7 to MM
fields, and governmental jurisdictions 13175, Consultation and Coordination
191.1. The duration of the temporary
with populations of less than 50,000. with Indian Tribal Governments,
safety zone is intended to ensure the
The Coast Guard certifies under 5 U.S.C. because it does not have a substantial
safety of life and vessels on these
605(b) that this rule will not have a direct effect on one or more Indian
navigable waters before, during, and tribes, on the relationship between the
significant economic impact on a
after the scheduled fireworks display. Federal Government and Indian tribes,
substantial number of small entities.
No vessel or person will be permitted to or on the distribution of power and
enter the temporary safety zone without While some owners or operators of
vessels intending to transit the special responsibilities between the Federal
obtaining permission from the COTP or Government and Indian tribes. If you
a designated representative. Entry local regulation may be small entities,
believe this rule has implications for
requests will be considered and for the reasons stated in section V.A.
Federalism or Indian tribes, please
reviewed on a case-by-case basis. The above, this rule will not have a
contact the person listed in the FOR
COTP may be contacted by telephone at significant economic impact on any
FURTHER INFORMATION CONTACT section
1–800–253–7475 or can be reached by vessel owner or operator. above.
VHF–FM channel 16. Public Under section 213(a) of the Small
notifications will be made to the local Business Regulatory Enforcement E. Unfunded Mandates Reform Act
maritime community prior to the event Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act
through the Local Notice to Mariners we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires
and Broadcast Notice to Mariners. understanding this rule. If the rule Federal agencies to assess the effects of
V. Regulatory Analyses would affect your small business, their discretionary regulatory actions. In
organization, or governmental particular, the Act addresses actions
We developed this rule after jurisdiction and you have questions that may result in the expenditure by a
considering numerous statutes and concerning its provisions or options for State, local, or tribal government, in the
Executive Orders related to rulemaking. compliance, please contact the person aggregate, or by the private sector of
Below we summarize our analyses listed in the FOR FURTHER INFORMATION $100,000,000 (adjusted for inflation) or
based on a number of these statutes and CONTACT section. more in any one year. Though this rule
Executive Orders, and we discuss First will not result in such expenditure, we
Amendment rights of protestors. Small businesses may send comments do discuss the effects of this rule
on the actions of Federal employees elsewhere in this preamble.
A. Regulatory Planning and Review who enforce, or otherwise determine
Executive Orders 12866 and 13563 compliance with, Federal regulations to F. Environment
direct agencies to assess the costs and the Small Business and Agriculture We have analyzed this rule under
benefits of available regulatory Regulatory Enforcement Ombudsman Department of Homeland Security
alternatives and, if regulation is and the Regional Small Business Management Directive 023–01 and
necessary, to select regulatory Regulatory Fairness Boards. The Commandant Instruction M16475.lD,
approaches that maximize net benefits. Ombudsman evaluates these actions which guide the Coast Guard in
Executive Order 13771 directs agencies annually and rates each agency’s complying with the National
to control regulatory costs through a responsiveness to small business. If you Environmental Policy Act of 1969 (42
budgeting process. This rule has not wish to comment on actions by U.S.C. 4321–4370f), and have
ethrower on DSK3G9T082PROD with RULES

been designated a ‘‘significant employees of the Coast Guard, call 1– determined that this action is one of a
regulatory action’’ under Executive 888–REG–FAIR (1–888–734–3247). The category of actions that do not
Order 12866. Accordingly, this rule has Coast Guard will not retaliate against individually or cumulatively have a
not been reviewed by the Office of small entities that question or complain significant effect on the human
Management and Budget (OMB), and about this rule or any policy or action environment. This rule involves special
pursuant to OMB guidance it is exempt of the Coast Guard. local regulated area that would prohibit

VerDate Sep<11>2014 16:09 Oct 17, 2017 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\18OCR1.SGM 18OCR1

Document Created: 2017-10-18 01:38:01
Document Modified: 2017-10-18 01:38:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 8:15 p.m. through 8:30 p.m. on October 20, 2017.
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 [email protected]
FR Citation		82 FR 48420
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 48420 - Safety Zone; Cumberland River, Nashville, TN

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 200 (October 18, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard