Special Local Regulation; Tennessee River, Huntsville, AL, 42938-42940 [2017-19400]

Download as PDF 42938 Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations AIRAC date State City Airport FDC No. FDC date 12–Oct–17 ......... NH Manchester .................... Manchester .................... 7/9345 8/14/17 12–Oct–17 ......... 12–Oct–17 ......... TX TX Beaumont/Port Arthur .... Corpus Christi ................ Jack Brooks Rgnl .......... Corpus Christi Intl .......... 7/9374 7/9447 8/10/17 8/14/17 12–Oct–17 ......... TX Lubbock ......................... 7/9472 8/10/17 12–Oct–17 ......... 12–Oct–17 ......... 12–Oct–17 ......... OR OR GA Madras ........................... Madras ........................... Atlanta ........................... Lubbock Preston Smith Intl. Madras Municipal .......... Madras Municipal .......... Hartsfield-Jackson Atlanta Intl. 7/9638 7/9640 7/9873 8/10/17 8/10/17 8/2/17 DEPARTMENT OF HOMELAND SECURITY [FR Doc. 2017–19076 Filed 9–12–17; 8:45 am] BILLING CODE 4910–13–P Coast Guard [Docket Number USCG–2017–0703] Internal Revenue Service RIN 1625–AA08 26 CFR Part 1 Special Local Regulation; Tennessee River, Huntsville, AL Income Taxes ACTION: In Title 26 of the Code of Federal Regulations, Part 1 (§§ 1.301 to 1.400) revised as of April 1, 2017, on page 598, in § 1.381(c)(2)–1, paragraph (d) is removed. ■ [FR Doc. 2017–19397 Filed 9–12–17; 8:45 am] BILLING CODE 1301–00–D DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 Income Taxes CFR Correction In Title 26 of the Code of Federal Regulations, Part 1 (§§ 1.170 to 1.300), revised as of April 1, 2017, on page 8, the authority citation for § 1.199–2T is revised to read: ‘‘Section 1.199–2T also issued under 26 U.S.C. 199(b)(3).’’ ■ [FR Doc. 2017–19396 Filed 9–12–17; 8:45 am] BILLING CODE 1301–00–D sradovich on DSK3GMQ082PROD with RULES Coast Guard, DHS. Temporary final rule. AGENCY: CFR Correction The Coast Guard is establishing a special local regulation for all navigable waters of the Tennessee River from mile marker (MM) 333.2 to MM 337.0. This action is necessary to provide for the safety of life on these navigable waters near Huntsville, AL during the Swim Hobbs Island event. Entry of persons or vessels into 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 7 a.m. through 2 p.m. on September 17, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2017– 0703 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: SUMMARY: 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 VerDate Sep<11>2014 15:59 Sep 12, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 ILS OR LOC RWY 35, ILS RWY 35 (SA CAT I), ILS RWY 35 (CAT II AND III), Amdt 2B. RNAV (GPS) RWY 12, Orig. RNAV (GPS) Y RWY 36, Amdt 2A. RNAV (GPS) RWY 26, Amdt 2B. RNAV (GPS) RWY 34, Orig-A. RNAV (GPS) RWY 16, Amdt 1A. RNAV (GPS) RWY 09L, Amdt 4A. NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History 33 CFR Part 100 DEPARTMENT OF THE TREASURY Subject Sfmt 4700 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 special local regulation by September 17, 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. This rule is necessary for the safety of life during the Swim Hobbs Island on these navigable waters. 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 race from 7 a.m. through 2 p.m. on September 17, 2017 will present a safety concern for anyone on the navigable waters on the Tennessee River extending from mile E:\FR\FM\13SER1.SGM 13SER1 Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations marker (MM) 333.2 to MM 337.0. The purpose of this rulemaking is to ensure the safety of life and vessels on the navigable waters before, during, and after the scheduled event. IV. Discussion of the Rule This rule establishes a special local regulation from 7 a.m. through 2 p.m. on September 17, 2017 for all navigable waters from MM 333.2 to MM 337.0 on the Tennessee River in the vicinity of Huntsville, AL. The duration of the regulated area is intended to ensure the safety of vessels and 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. sradovich on DSK3GMQ082PROD with RULES 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 regulated area. 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 VerDate Sep<11>2014 15:59 Sep 12, 2017 Jkt 241001 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 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. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 42939 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 a temporary special local regulation lasting seven hours that will prohibit entry on all navigable waters of the Tennessee River, from MM 333.2 to MM 337.0. 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. E:\FR\FM\13SER1.SGM 13SER1 42940 Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations List of Subjects in 33 CFR Part 100 Notice of deviation from drawbridge regulation. ACTION: 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 temporary § 100.35T08–0703 to read as follows: ■ § 100.35T08–0703 Special Local Regulation; Tennessee River, Huntsville, AL. (a) Location. All navigable waters of the Tennessee River between mile marker (MM) 333.2 and MM 337.0, Huntsville, AL. b) Periods of enforcement. This rule will be enforced from 7 a.m. through 2 p.m. on September 17, 2017. (c) Regulations. (1) In accordance with the general regulations in § 100.801 of this part, 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 8, 2017. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley. [FR Doc. 2017–19400 Filed 9–12–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY sradovich on DSK3GMQ082PROD with RULES Coast Guard 33 CFR Part 117 [USCG–2017–0852] Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Harvey, LA AGENCY: Coast Guard, DHS. VerDate Sep<11>2014 17:05 Sep 12, 2017 Jkt 241001 The Coast Guard has issued a temporary deviation from the operating schedule that governs the Harvey Canal Fourth Street Bridge across the Gulf Intracoastal Waterway (GIWW) mile 0.24 West of Harvey Lock (WHL), at Harvey, Louisiana. The deviation is necessary to allow the contractor to rehabilitate the bridge to continue full operation. This deviation allows the bridge to remain closed-to-navigation for 77 consecutive days. DATES: This deviation is effective without actual notice from September 13, 2017 through 7 p.m. on Tuesday, November 21, 2017. For the purposes of enforcement, actual notice will be used from September 8, 2017 through September 13, 2017. ADDRESSES: The docket for this deviation, [USCG–2017–0852] 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Donna Gagliano, Bridge Administration Branch, Coast Guard; telephone 504–671–2128, email Donna.Gagliano@uscg.mil. SUPPLEMENTARY INFORMATION: The C.E.C. Inc., acting on behalf of Louisiana Department of Transportation and Development, has requested a temporary deviation from the operating schedule of the Harvey Canal Fourth Street Bascule Bridge across GIWW, mile 0.24 WHL (Harvey Canal), at Harvey, Louisiana. This deviation was requested to replace electrical and hydraulic lines including trunnion shafts along with span and tail locks initial installation to the drawbridge. This bridge is governed by 33 CFR 117.5. This deviation allows the bascule bridge to remain in the closed-tonavigation position for 77 consecutive days from 6:30 a.m. on September 6, 2017 through 7 p.m. on Tuesday, November 21, 2017. This bridge has a vertical clearance of 7 feet above mean high water in the closed-to-navigation position. Navigation at the site of the bridge consists mainly of tugs with barges and some recreational pleasure craft. For the duration of the rehabilitation the bridge will not be able to open for emergencies and GIWW Algiers Alternate Route can be used as an alternate route to avoid unnecessary delays. The Coast Guard will inform the users of the waterway SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulation is authorized under 33 CFR 117.35. Dated: September 8, 2017. Douglas Allen Blakemore, Sr., Bridge Administrator, Eighth Coast Guard District. [FR Doc. 2017–19456 Filed 9–12–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2017–0311] Drawbridge Operation Regulation; Quantuck Canal, Westhampton Beach, NY Coast Guard, DHS. Notice of temporary deviation from drawbridge regulation; modification. AGENCY: ACTION: The Coast Guard has modified a temporary deviation from the operating schedule that governs the Beach Lane Bridge across the Quantuck Canal, mile 1.1 at Westhampton Beach, New York. This action is necessary to complete rehabilitation of the bascule leaves of the drawbridge. This modified deviation extends the period during which the bridge may open only one bascule span at a time in order to provide passage for vessels requiring an opening. DATES: This deviation is effective from September 30, 2017 through 11:59 p.m. on October 13, 2017. ADDRESSES: The docket for this deviation, USCG–2017–0311 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this modified temporary deviation, call or email James M. Moore, Bridge Management Specialist, U.S. Coast Guard; telephone 202–372–1518, email james.m.moore2@ uscg.mil. SUMMARY: E:\FR\FM\13SER1.SGM 13SER1

Agencies

[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Rules and Regulations]
[Pages 42938-42940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19400]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0703]
RIN 1625-AA08


Special Local Regulation; Tennessee River, Huntsville, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a special local regulation for 
all navigable waters of the Tennessee River from mile marker (MM) 333.2 
to MM 337.0. This action is necessary to provide for the safety of life 
on these navigable waters near Huntsville, AL during the Swim Hobbs 
Island event. Entry of persons or vessels into 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 7 a.m. through 2 p.m. on September 
17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0703 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
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 special local regulation by September 17, 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. This rule is necessary 
for the safety of life during the Swim Hobbs Island on these navigable 
waters. 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 race from 7 a.m. through 2 
p.m. on September 17, 2017 will present a safety concern for anyone on 
the navigable waters on the Tennessee River extending from mile

[[Page 42939]]

marker (MM) 333.2 to MM 337.0. The purpose of this rulemaking is to 
ensure the safety of life and vessels on the navigable waters before, 
during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 7 a.m. 
through 2 p.m. on September 17, 2017 for all navigable waters from MM 
333.2 to MM 337.0 on the Tennessee River in the vicinity of Huntsville, 
AL. The duration of the regulated area is intended to ensure the safety 
of vessels and 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 regulated area. 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 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 a temporary special local regulation lasting seven hours 
that will prohibit entry on all navigable waters of the Tennessee 
River, from MM 333.2 to MM 337.0. 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.

[[Page 42940]]

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

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. Add temporary Sec.  100.35T08-0703 to read as follows:


Sec.  100.35T08-0703  Special Local Regulation; Tennessee River, 
Huntsville, AL.

    (a) Location. All navigable waters of the Tennessee River between 
mile marker (MM) 333.2 and MM 337.0, Huntsville, AL.
    b) Periods of enforcement. This rule will be enforced from 7 a.m. 
through 2 p.m. on September 17, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.801 of this part, 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 8, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017-19400 Filed 9-12-17; 8:45 am]
 BILLING CODE 9110-04-P