[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Rules and Regulations]
[Pages 72527-72529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25365]


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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, America Samoa

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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.

DATES: This rule is effective from 10:00 a.m. on November 11, 2016 to 
4:00 p.m. on November 25, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0749 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 crafts 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.
    In response, on August 29, 2016, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Safety Zone; Pago Pago Harbor, 
American Samoa (81FR59163). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this 
fireworks display. During the comment period that ended September 28, 
2016, we received one comment.
    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. The Coast Guard did not 
receive notification of this event in sufficient time to

[[Page 72528]]

conduct a review and publish the final rule 30 days before the event is 
scheduled. Thus, delaying the effective date of this rule to wait for 
the 30 day post-publication period to run would be impracticable 
because it would inhibit the Coast Guard's ability to protect 
participants, mariners, and vessels from the hazards associated with 
this event.

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 Honolulu (COTP) has determined that 
potential hazards associated with anticipated large number of spectator 
pleasure crafts and commercial traffic on November 11 and 25, 2016 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 rule 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published on 
August 29, 2016. To address the concern specified during the commenting 
period, the U.S. Coast Guard will conduct an outreach to the local 
community regarding the temporary safety zone. Additionally, the 
maritime community will be notified of the temporary safety zone 
through publication of both marine safety information broadcast and 
local notice to mariners, and a broadcast notice to mariners via VHF-FM 
marine channel 16. Port meetings held by the Harbor Master prior to the 
event will inform and educate the maritime community and industry about 
the temporary safety zone and any concerns regarding possible affects 
to the local economy and travel. No other terminals or locations will 
be available within the temporary safety zone during the duration of 
the event.
    This rule establishes a safety zone on November 11 and November 25, 
2016. The safety zone will close Pago Pago 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 will 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 conclude 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.

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 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    As discussed above, the Coast Guard will conduct an outreach to the 
local community regarding the temporary safety zone. The Coast Guard 
will issue a Broadcast Notice to Mariners with information pertaining 
to the safety zone via VHF-FM marine channel 16. Additionally, the 
maritime community will be notified of the temporary safety zone 
through publication of a marine safety information broadcast and local 
notice to mariners. Port meetings held by the Harbor Master prior to 
the event will inform and educate the maritime community and industry 
about the temporary safety zone. These measures are being employed to 
help the maritime community better plan and prepare for the event.

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 received no comments from the Small Business 
Administration on this 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.
    Some owners or operators of vessels intending to transit the safety 
zone may be small entities and may not be authorized to do so. This 
rule would not create significant economic impact on a substantial 
number of these entities. Moreover, the rule would allow vessels to 
seek permission from the Coast Guard to enter the safety zone. 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 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

[[Page 72529]]

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.

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 a 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. 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 
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, Security 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.T14-0749 to read as follows:


Sec.  165.T14-0749  Safety Zone; Pago Pago Harbor, American 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 of 
any territory, 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: October 12, 2016.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2016-25365 Filed 10-19-16; 8:45 am]
 BILLING CODE 9110-04-P