[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65525-65527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27579]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1082]
RIN 1625-AA87


Security Zone; Puget Sound, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
the navigable waters within 500 yards of the M/V CAPE HUDSON, Official 
Number 901127, during its departure from Terminal 7 in Tacoma, WA. This 
security zone is necessary to protect the vessel and associated 
personnel from terrorist acts, accidents, sabotage, or other subversive 
acts associated with the vessel's movement of military cargo. Entry of 
vessels or persons into this zone is prohibited while the M/V CAPE 
HUDSON is in transit unless specifically authorized by the Captain of 
the Port Puget Sound.

DATES: This rule is effective without actual notice from 8:45 a.m. on 
December 21, 2018, through 9 p.m. on January 2, 2019. For the purposes 
of enforcement, actual notice will be used from 8:00 a.m. on December 
20, 2018, through 8:44 a.m. December 21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 65526]]

available in the docket, go to https://www.regulations.gov, type USCG-
2018-1082 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 rule, 
call or email Petty Officer Zachary Spence, Sector Puget Sound 
Waterways Management Branch, U.S. Coast Guard; telephone 206-217-6051, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
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 the Coast Guard did not receive 
notification of the movement of military cargo until December 3, 2018, 
and immediate action is needed to protect the security of M/V CAPE 
HUDSON and its personnel from terrorist acts, accidents, sabotage, or 
other subversive acts. It is impracticable to publish a NPRM because we 
must establish this security zone by December 20, 2018.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential security risks associated with the shipment of 
military cargo onboard the M/V CAPE HUDSON.

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 Puget Sound (COTP) has determined that 
there are potential security concerns associated with the shipment of 
military cargo aboard the M/V CAPE HUDSON. This rule is needed to 
protect the M/V CAPE HUDSON and its personnel from terrorist acts, 
accidents, sabotage, or other subversive acts while underway from 
Terminal 7 in Tacoma, WA to the Puget Sound Traffic Separation Lane 
Lighted Buoy SE.

IV. Discussion of the Rule

    This rule establishes a security zone from 8 a.m. on December 20, 
2018 through 8 p.m. on January 2, 2019. The security zone will cover 
all navigable waters within 500 yards of the M/V CAPE HUDSON while 
underway from Terminal 7 in Tacoma, WA until the vessel arrives near 
the Puget Sound Traffic Separation Lane Lighted Buoy SE. The duration 
of the zone is intended to protect the M/V CAPE HUDSON and its 
personnel during its departure transit. Because weather conditions may 
affect the vessel's loading timeframes, the actual planned departure of 
the vessel will occur between 8 a.m. on December 20, 2018 and 8 p.m. on 
January 2, 2019. Enforcement of the security zone will only occur while 
the vessel is in transit, and no vessel or person will be permitted to 
enter the security zone 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 security zone. Vessel 
traffic will be able safely transit around this security zone which 
would impact a small designated area around the M/V CAPE HUDSON during 
the vessel's departure transit through Puget Sound for less than 6 
hours.

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 
safety zone 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

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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 an 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 security zone limited in duration to M/V CAPE HUDSON's departure from 
Terminal 7 in Tacoma, WA until the vessel reaches the Puget Sound 
Traffic Separation Lane Lighted Buoy SE that will prohibit entry within 
500 yards of the vessel. It is categorically excluded from further 
review under paragraph L 60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. 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.T13-1082 to read as follows:


Sec.  165.T13-1082  Security Zone; Puget Sound, Tacoma, WA.

    (a) Location. The following area is a security zone: All navigable 
waters, from surface to bottom, within 500 yards of the M/V CAPE HUDSON 
while underway from Terminal 7 in Tacoma, WA until the vessel reaches 
the Puget Sound Traffic Separation Lane Lighted Buoy SE.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Puget Sound (COTP) in the enforcement of the 
security zone.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security zone described 
in paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF CH 16 or at 206-217-6051. Those in the security 
zone must comply with all lawful orders or directions given to them by 
the COTP or the COTP's designated representative.
    (d) Enforcement period. This rule is effective without actual 
notice from 8:45 a.m. on December 21, 2018, through 9 p.m. on January 
2, 2019. For the purposes of enforcement, actual notice will be used 
from 8:00 a.m. on December 20, 2018, through 8:44 a.m. December 21, 
2018. This rule will be enforced with actual notice by COTP's 
designated representatives on scene during M/V CAPE HUDSON departure 
transit.

    Dated: December 17, 2018.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2018-27579 Filed 12-20-18; 8:45 am]
 BILLING CODE 9110-04-P