[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63921-63923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26955]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0906]
RIN 1625-AA00


Safety Zone; Pago Pago Harbor, American Samoa

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone during the 2015 
Fautasi Ocean Challenge in Pago Pago Harbor, American Samoa. This 
action is necessary to safeguard the participants and spectators, 
including all crews, vessels, and persons on the water in Pago Pago 
Harbor during the Fautasi Race. This regulation will functionally close 
the port to commercial vessel traffic during the start and finish of 
the race, but will not require the evacuation of any vessels from 
harbor. Entry into, transiting, or anchoring in the harbor is 
prohibited to all vessels not registered with the

[[Page 63922]]

sponsor as participants or not part of the race patrol, unless 
specifically authorized by the Captain of the Port (COTP) Honolulu or a 
designated representative.

DATES: This rule is effective from 10:00 a.m. (SST) to 4:00 p.m. (SST) 
on November 11, 2015 and from 10:00 a.m. (SST) to 4:00 p.m. (SST) on 
November 27, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0906 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 Lieutenant Commander Nicolas Jarboe, Waterways Management 
Division, U.S. Coast Guard Sector Honolulu; telephone (808) 541-4359, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
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 specific details of the event 
were received less than 90 days prior to event and needed to be worked 
through between the event coordinator and the Coast Guard over an 
extended period of time. The Coast Guard's discussions with the event 
sponsor to determine the requirements for this zone were finalized on 
28 September 2015, which would not allow for a 30 day comment period. 
This safety zone is required to restrict vessel traffic to ensure the 
safety of the participants, spectators, the marine patrol and race 
officials. It is impracticable to publish an NPRM because we must 
establish this safety zone by November 11, 2015.
    We are issuing this rule, and 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 the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to ensure the safety of the participants, 
spectators, the marine patrol and race officials.

III. Legal Authority and Need for Rule

    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 enforce 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, of which 
access is limited to authorized persons, vehicles, or vessels.
    The purpose of this rule is to minimize vessel traffic in Pago Pago 
Harbor during the start and finish of the Fautasi canoe race. This is a 
major marine event in American Samoa. It is anticipated that a large 
number of spectator pleasure crafts will be drawn to the event. These 
vessels will pose a significant hazard to those operating in or near 
the area. The COTP Honolulu is establishing a temporary safety zone for 
Pago Pago Harbor. This rule is needed to safeguard persons and vessels 
during the canoe boat races.

IV. Discussion of the Rule

    This rule will create a safety zone in Pago Pago Harbor. The Coast 
Guard is closing the harbor to all vessels not authorized by the 
Captain of the Port to enter, depart, or transit within the port for 
the duration of the event. The Captain of the Port authorizes 
registered participants, support vessels, and enforcement vessels to 
enter and remain in the zone. The harbor will remain closed until the 
Coast Guard issues an ``All Clear'' for the harbor after the race has 
concluded and the harbor is deemed safe for normal operations. This 
rule does not require any vessel to evacuate the port if moored.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Due to the 
number of participants and the size of the harbor, vessels cannot 
safely transit the harbor during the race. Moreover, the Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone, and the rule would allow vessels to seek permission to 
enter the 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 
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

[[Page 63923]]

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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 
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 temporary and limited safety zone in Pago Pago Harbor. It 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

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, Safety measures, and 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.T15-0906 to read as follows:


Sec.  165.T15-0906  Safety Zone; Pago Pago Harbor, America Samoa.

    (a) Location. The following area is a safety zone: 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 coastline encompassing Pago Pago Harbor. This 
regulated area extends from the surface of the water to the ocean 
floor.
    (b) Enforcement period. This rule will be enforced from 10:00 a.m. 
(SST) to 4:00 p.m. (SST) on November 11, 2015 and from 10:00 a.m. (SST) 
to 4:00 p.m. (SST) on November 27, 2015.
    (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 Captain of the Port Honolulu to patrol the 
safety zone.
    (2) No spectator shall anchor, block, loiter or impede the through 
transit of participants or support/enforcement vessels in the safety 
zone during the effective date and times, unless cleared for entry 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 event. Such mooring must be complete at least 30 
minutes prior to the establishment of the safety zone and remain moored 
through the duration of the event.
    (d) Informational Broadcasts. The Captain of the Port or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the safety zone. 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.
    (e) Penalties. Vessels or persons violating this rule would be 
subject to the penalties set forth in 33 U.S.C. 1232.

    Dated: September 29, 2015.
S.N. Gilreath,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2015-26955 Filed 10-21-15; 8:45 am]
 BILLING CODE 9110-04-P