[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Pages 20794-20796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08240]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0014]
RIN 1625-AA00


Safety Zone; Pago Pago Harbor, American Samoa

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
Pago Pago Harbor, American Samoa during the April 17, 2014 Fautasi 
Race. This action is necessary for the safeguard of participants and 
spectators, including all crews, vessels, and persons on the navigable 
waters during the Fautasi Races (canoe boat races) that will occur in 
Pago Pago Harbor. This safety zone will functionally close the port to 
vessel traffic during the race, but will not require the evacuation of 
any vessels from the harbor. Entry into, transiting or anchoring in 
this safety zone is prohibited to all vessels not registered with the 
sponsor as participants or not part of the race patrol, unless 
specifically authorized by the Captain of the Port Honolulu or a 
designated representative.

DATES: This safety zone is effective from 7:30 a.m. to 8:30 a.m. (SST) 
on April 17, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0014. To view documents mentioned in this preamble as being 
available in the docket, go to 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 rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Scott Whaley of the United States 
Coast Guard Sector Honolulu at 808-541-4359 or [email protected], 
respectively. If you have questions on viewing or submitting material 
to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 20795]]

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
COTP Captain of the Port

A. Regulatory History and Information

    The Coast Guard is establishing this TFR 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(d)(3), the Coast Guard finds good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. The specific details of the 
Fautasi Race were not determined until less than a month before the 
race was scheduled to be held. Due to the need to restrict vessel 
traffic during the race, in order to protect the participants, 
spectators, Marine Patrol and the race officials, a 30-day notice 
period is impracticable. The Captain of the Port (COTP) Honolulu finds 
that this safety zone is required on April 17, 2014, to ensure the 
safety of the participants, spectators, Marine Patrol and the race 
officials.

B. Basis and Purpose

    The statutory basis for this rulemaking is 33 U.S.C. 1231, which 
gives the Coast Guard, under a delegation from the Secretary of 
Homeland Security, regulatory authority to implement the Ports and 
Waterways Safety Act. A safety zone is a water area, shore area, or 
water and shore area, for safety or environmental purposes, access is 
limited to authorized persons, vehicles, or vessels.
    The purpose of this rule is to minimize vessel traffic during the 
Fautasi canoe race. This race is a hugely popular event attended by a 
vast majority of American Samoa residents and is sponsored by American 
Samoa Government. This event is expected to draw a large number of 
pleasure craft, posing a significant hazard to both vessels and 
mariners operating in or near the area. The COTP Honolulu is 
establishing a safety zone for Pago Pago Harbor to accommodate these 
events and to safeguard persons and vessels during the canoe boat race. 
The legal basis and authorities for this temporary final rule are found 
in 33 U.S.C. 1231 and 33 CFR part 165, which authorizes the Coast Guard 
to propose, establish, and define safety zones. The COTP anticipates 
minimal impact on vessel traffic due to this safety zone. However, the 
safety zone is deemed necessary for the safeguard of life and property 
within the safety zone.

C. Discussion of the Rule

    This rule creates a safety zone for Pago Pago Harbor. The Coast 
Guard is banning the transit of all commercial vessel through the 
harbor that are not authorized by the COTP or a designated support or 
enforcement vessel for the event, effectively closing the port for 
commercial vessels. The harbor will remain closed until the Coast Guard 
issues an ``All Clear'' for the harbor after the race has concluded the 
harbor is deemed safe for normal operations. This temporary rule does 
not require any vessel to evacuate the port if moored; it only bans the 
transit through the zone during the aforementioned times. An 
illustration of the safe zone is available in the online docket.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our 
analyses.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The expected short 
duration and impact of the rule ensures it will not rise to the level a 
significant regulatory action.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    This rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit, anchor or moor within Pago Pago Harbor American Samoa between 
7:30 a.m. and 8:30 a.m. (SST) on April 17, 2014.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone is of limited duration and intended to protect Pago Pago 
Harbor for continued use by these small entities and others following 
the completion of the canoe race. Once the race has concluded, the 
safety zone will be cancelled allowing vessels to transit the harbor in 
accordance with already established regulations.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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

[[Page 20796]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 closure of the port to all traffic. 
This rule is categorically excluded from further review under paragraph 
34g of Figure 2-1 of the Commandant Instruction.

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; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T14-0014 to read as follows:


Sec.  165.T14-0014  Safety Zone; Pago Pago Harbor, America Samoa.

    (a) Location. The following area is a safety zone: All waters 
encompassed by a line starting at Breakers Point (eastern edge of Pago 
Pago Harbor entrance) thence southeast to 14[deg] 18'47'' S, 170[deg] 
38'54.5'' W thence southwest to 14[deg] 19'03'' S, 170[deg] 39'14'' W, 
thence northwest to Tulutulu Point and then following the Pago Pago 
Harbor coastline back to the point of origins. This safety zone extends 
from the surface of the water to the ocean floor.
    (b) Enforcement period. This section will be enforced from 7:30 
a.m. to 8:30 a.m. (SST) on April 17, 2014.
    (c) Regulations. (1) All persons and vessels not registered with 
the sponsor as participants or support/enforcement vessels are 
considered spectators. The ``support/enforcement vessels'' consist of 
any territory, or local law enforcement and sponsor provided vessels 
assigned or approved by the COTP Honolulu to patrol the safety zone.
    (2) No spectator shall anchor, block, loiter or impede the transit 
of participants or support/enforcement vessels in the safety zone while 
this section is effective, unless cleared by or through a support/
enforcement vessel.
    (3) Spectator vessels may be moored to a waterfront facility within 
the safety zone in such a way that they shall not interfere with the 
progress of the events. Such mooring must be complete at least 30 
minutes prior to the effective period of this section and remain moored 
through the duration of the events.
    (d) Informational Broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the planned schedule. Once the zone is being enforced, due 
to the commencement of the race, transiting, anchoring, and loitering 
in the harbor is forbidden and the harbor will remain closed until 8:30 
a.m., or earlier if the Coast Guard issues an ``All Clear'' after the 
race has concluded and the harbor is deemed safe for normal operations.

    Dated: March 25, 2014.
S.N. Gilreath,
Captain, U.S. Coast Guard, COTP Honolulu.
[FR Doc. 2014-08240 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P