[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]
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