[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48420-48422]
[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<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
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.

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

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 Volume 77, Number 2 (Wednesday, January 4, 2012)]
[Notices]
[Pages 281-282]
[FR Doc No: 2011-33759]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9615-7]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental Notice of Proposed Consent Decree; Request for
Public Comment.

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SUMMARY: On December 2, 2011, EPA provided notice in accordance with
section 113(g) of the Clean Air Act, as amended (``CAA'' or the
``Act''), 42 U.S.C. 7413(g), of a proposed consent decree to address a
lawsuit filed by National Parks Conservation Association, Montana
Environmental Information Center, Grand Canyon Trust, San Juan Citizens
Alliance, Our Children's Earth Foundation, Plains Justice, Powder River
Basin Resource Council, Sierra Club, and Environmental Defense Fund
(collectively ``Plaintiffs'') in the United States District Court for
the District of Columbia: National Parks Conservation Association, et
al. v. Jackson, No. 1:11-cv-1548 (D. DC). The proposed consent decree
establishes proposed and final promulgation deadlines for EPA to
promulgate regional haze federal implementation plans (FIPs) or approve
regional haze state implementation plans (SIPs) for 34 states, as
required by section 110(c) of the CAA. In EPA's notice, we
inadvertently failed to identify Arizona, Michigan, and New Mexico as
states addressed by the proposed consent decree. Notice is hereby given
that the proposed consent decree addresses these three states. We are
extending the comment period to provide an opportunity to comment on

the proposed consent decree as it affects these three states only.

DATES: Written comments on the proposed consent decree as it affects
Arizona, Michigan, and New Mexico must be received by February 3, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2011-0929, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Lea Anderson, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    Under section 110(c) of the CAA, EPA has a mandatory duty to
promulgate a federal implementation plan (``FIP'') within two years of
a finding that a state has failed to make a required state
implementation plan (``SIP'') submittal. EPA is not required to
promulgate a FIP, however, if the state submits the required SIP and
EPA approves the plan within the two years of EPA's finding. On January
15, 2009, EPA found that 37 states, the District of Columbia, and the
U.S. Virgin Islands had failed to submit CAA SIPs for improving
visibility in mandatory Federal Class I areas.
    The proposed consent decree would resolve a deadline suit filed by
Plaintiffs for EPA to take action on a number of regional haze SIPs.
The proposed consent decree would address, inter alia, EPA's failure to
promulgate regional haze FIPs or approve regional haze SIPs for 34 of
the states that the Agency found on January 15, 2009 had failed to
submit SIPs addressing the requirements of the regional haze program.
EPA's prior notice inadvertently excluded Arizona, Michigan, and New
Mexico from the list of the 34 states addressed by the consent decree.
In addition, EPA erroneously identified California, Montana, and North
Dakota as states addressed by the proposed consent decree. These states
are not addressed by the proposed consent decree.
    For a period of thirty (30) days following the date of publication
of this supplemental notice, the Agency will accept written comments
relating to the provisions in the proposed consent decree addressing
Arizona, Michigan, and New Mexico from persons who were not named as
parties or intervenors to the litigation in question. Other written
comments on the proposed consent decree must be received by January 3,
2012. EPA or the Department of Justice may withdraw or withhold consent
to the proposed consent decree if the comments disclose facts or
considerations that indicate that such consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the Act.
Unless EPA or the Department of Justice determines that consent to this
consent decree should be withdrawn, the terms of the proposed consent
decree will be affirmed.
    Additional information about commenting on the proposed consent
decree can be found in the notice published on December 2, 2011.

    Dated: December 23, 2011.
Kevin McLean,
Acting Associate General Counsel.
[FR Doc. 2011-33759 Filed 1-3-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Notices]
[Page 5680]
[FR Doc No: 2020-01897]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4427-DR; Docket ID FEMA-2020-0001]

Tennessee; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for State of Tennessee (FEMA-4427-DR), dated April 17, 2019, and
related determinations.

DATES: This change occurred on January 7, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Myra M. Shird,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of Manny J. Toro as Federal
Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-01897 Filed 1-30-20; 8:45 am]
 BILLING CODE 9111-23-P