Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 65525 

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 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 the 

establishment of a safety zone 

surrounding the Winneconne Bridge 

(STH 116) on the Wolf River, in 

Winneconne, WI. 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 

■ 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. 

■ 2. Add § 165.T09–1097 to read as 

follows: 

§ 165.T09–1097 Safety Zone; Wolf River, 

Winneconne Bridge Blasting, Winneconne, 

WI. 

(a) Location. All navigable waters of 

Wolf River within 700 feet of the 

Winneconne Bridge (STH 116) located 

at 44°6.646 N, 088°42.697 W (NAD 83). 

(b) Enforcement period. This rule will 

be enforced from 6 a.m. through 5 p.m. 

each day from December 17, 2018 

through January 21, 2019. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan or a 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or a designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port 

Lake Michigan to act on his or her 

behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Lake 

Michigan or an on-scene representative 

to obtain permission to do so. The 

Captain of the Port Lake Michigan or an 

on-scene representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Lake Michigan or an 

on-scene representative. 

Dated: December 17, 2018. 

Thomas J. Stuhlreyer, 

Captain, U.S. Coast Guard, Captain of the 

Port. 

[FR Doc. 2018–27599 Filed 12–20–18; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 


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65526 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 

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 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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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Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 65527 

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 

■ 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. 

■ 2. Add § 165.T13–1082 to read as 

follows: 

§ 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 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 9 

RIN 2900–AQ12 

Veterans’ Group Life Insurance 

Increased Coverage 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: Current statutory provisions 

provide Veterans’ Group Life Insurance 

(VGLI) insureds under the age of 60 

with the opportunity to increase their 

VGLI coverage by $25,000 not more than 

once in each five-year period beginning 

on the one-year anniversary of the date 

a person becomes insured under VGLI. 

The Department of Veterans Affairs 

(VA) is finalizing the amendment of its 

VGLI regulations to establish a 

permanent regulatory framework for 

such elections of increased coverage. 

The final rule clarifies that coverage 

increases in an amount less than 

$25,000 are available only when 

existing VGLI coverage is within 

$25,000 of the Servicemembers’ Group 

Life Insurance maximum of $400,000, 

and any increases of less than $25,000 

must be only in an amount that would 

bring the insurance coverage up to the 

statutory maximum. 

DATES: Effective date: This rule is 

effective on January 22, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Karen Naccarelli, Department of 

Veterans Affairs Insurance Center (310/ 

290B), P.O. Box 13399, Philadelphia, 

Pennsylvania 19101, (215) 381–3029. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On April 

27, 2018, VA published in the Federal 

Register (83 FR 18491) a proposed rule 

seeking comments regarding 

amendment of 38 CFR 9.2 to reflect 

Section 404 of the Veterans’ Benefits 

Act of 2010, Public Law 111–275, 124 

Stat. 2879–2880 (2010). The amendment 


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