[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Proposed Rules]
[Pages 59163-59165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20591]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0749]
RIN 1625-AA00


Safety Zone; Pago Pago Harbor, American Samoa

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone during the 
2016 Fautasi Ocean Challenge canoe race in Pago Pago Harbor, American 
Samoa, on November 11 and 25, 2016. 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 event. 
This regulation 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 the harbor 
would be 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 (COTP) Honolulu or a designated 
representative. Vessels who are already moored or anchored in the 
harbor seeking permission to remain there shall request permission from 
COTP unless deemed a spectator vessel that is moored to a waterfront 
facility within the safety zone. We invite your comments on this notice 
of proposed rulemaking (NPRM).

DATES: Comments and related material must be received by the Coast 
Guard on or before September 28, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0749 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, 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

COTP Captain of the Port, Honolulu
CFR Code of Federal Regulations
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On June 1, 2016, the Coast Guard received formal notification from 
the American Samoa Government that the 2016 Fautasi Ocean Challenge is 
scheduled to occur in Pago Pago Harbor on November 11 and 25, 2016. 
This annual event has strengthened local tradition for over a century. 
The event will consist of a series of races entirely within Pago Pago 
Harbor between longboats with paddling crews of 32-48 persons each. It 
is anticipated that a large number of spectator pleasure craft will be 
drawn to the event. Spectator vessels and commercial vessel traffic 
will pose a significant safety hazard to the longboats, longboat crew 
members, and other persons and vessels involved with the event.
    The purpose of this proposed rulemaking is to minimize vessel 
traffic in Pago Pago Harbor before, during, and after the scheduled 
event to safeguard persons and vessels during the longboat races. The 
Captain of the Port, Honolulu (COTP), proposes to establish a temporary 
safety zone for Pago Pago Harbor. 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 statutory basis for this rulemaking is 33 U.S.C. 1231, which gives 
the Coast Guard, under a delegation from the Secretary of the 
Department of Homeland Security, regulatory authority to enforce the 
Ports and Waterways Safety Act.

III. Discussion of Proposed Rule

    This rule will create a temporary safety zone in Pago Pago Harbor. 
The safety zone will close the harbor to all vessels not authorized by 
the COTP for entry into, transiting, or anchoring within the port for 
the duration of the event. The COTP will authorize registered 
participants, support vessels, and enforcement vessels to enter and 
remain in the zone. No other vessels would be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative. The harbor will remain closed until the Coast Guard 
issues an ``All Clear'' after races have concluded and the harbor is 
deemed safe for normal operations. This rule will not require any 
vessel already moored to evacuate the port, provided that they are 
moored in such a way that they do not interfere with the progress of 
the event. The proposed regulatory text appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. This 
determination is based on the size, location, duration, and time-of-day 
of the safety zone. Accordingly, this NPRM has not been reviewed by the 
Office of Management and Budget.
    Under this NPRM, the Coast Guard would issue a Broadcast Notice to 
Mariners with information pertaining to the safety zone via VHF-FM 
marine channel 16.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    Some owners or operators of vessels intending to transit the safety 
zone may be small entities and may not be authorized to do so. However, 
given the short duration of this proposed temporary rule, this would 
not create a significant economic impact on a substantial number of 
these entities. Moreover, the rule would allow all vessels to seek 
permission from the Coast Guard to enter the safety zone.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity

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and that this rule would have a significant economic impact on it, 
please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and how and to what degree this rule would economically 
affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule would have substantial direct 
effects on federalism or tribal governments, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management 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 made 
a preliminary determination 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 proposed rule involves a 
temporary and limited safety zone in Pago Pago Harbor. Normally such 
actions are categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of Commandant Instruction M16475.1D. A preliminary 
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 
proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS.

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.T14-0749 to read as follows:


Sec.  165.T14-0749   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. 
to 4:00 p.m. on November 11, 2016 and from 10:00 a.m. to 4:00 p.m. on 
November 25, 2016.
    (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

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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 transit 
of participants or support/enforcement vessels in the safety zone 
during the enforcement dates 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 safety zones shall be effective 
between 10:00 a.m. and 4:00 p.m. (SST) on November 11 and 25, 2016. If 
circumstances render enforcement of the safety zone unnecessary for the 
entirety of these periods, the Captain of the Port or his designated 
representative will inform the public through broadcast notices to 
mariners that the safety zone is no longer being enforced. 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.
    (e) Penalties. Vessels or persons violating this rule may be 
subject to the penalties set forth in 33 U.S.C. 1232.

    Dated: August 23, 2016.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2016-20591 Filed 8-26-16; 8:45 am]
 BILLING CODE 9110-04-P