[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Proposed Rules]
[Pages 5480-5482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00861]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-1041]
RIN 1625-AA08


Special Local Regulation; 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 permanent special 
local regulation for the Annual Fautasi Ocean Challenge canoe race in 
Pago Pago Harbor, American Samoa. This annual event historically occurs 
during the weeks of Veteran's Day and Thanksgiving Day. 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 the COTP unless deemed a spectator vessel that is 
moored to a waterfront facility within the regulated area. The area 
forming the subject of this permanent special local regulation is 
described below. 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 February 17, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-1041 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

    This annual event will consist of a series of races entirely within 
Pago Pago Harbor between longboats with paddling crews of 30-50 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 would pose a significant safety hazard to the longboats, 
longboat crew members, and other persons and vessels involved with the 
event due to the longboats limited maneuverability within the port.
    The Captain of the Port, Honolulu (COTP), proposes to establish a 
permanent special local regulation for Pago Pago Harbor to minimize 
vessel traffic in Pago Pago Harbor before, during, and after the 
scheduled event to safeguard persons and vessels during the longboat 
races. A regulated area 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. 1233, 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 permanent special local regulation in Pago 
Pago Harbor. The regulated area 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 area. No other vessels will be permitted to 
enter the regulated area 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 they are 
moored in such a way that they do not interfere with 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 regulated area 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 
regulated area may be small entities and may not be authorized to do 
so. However, given the

[[Page 5481]]

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 regulated area.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity 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 (Public Law 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 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.lD, 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.lD. 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 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SPECIAL LOCAL REGULATIONS/REGATTAS AND MARINE PARADES.

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.1401 to read as follows:


Sec.  100.1401   Special Local Regulation; Annual Fautasi Ocean 
Challenge Canoe Race, Pago Pago Harbor, America Samoa.

    (a) Location. The following regulated area is established as a 
special local regulation: 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 annual event historically occurs in 
November

[[Page 5482]]

during the weeks of Veterans Day and Thanksgiving Day. The Captain of 
the Port Honolulu, will establish enforcement dates that will be 
announced by Notice of Enforcement, Local Notice to Mariners, Broadcast 
Notice to Mariners, on-scene designated representatives, and outreach.
    (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 
regulated area.
    (2) No spectator shall anchor, block, loiter or impede the transit 
of participants or support/enforcement vessels in the regulated area 
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 regulated area 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 regulated area and remain 
moored through the duration of the event.
    (d) Informational Broadcasts. The Captain of the Port Honolulu, 
will establish enforcement dates and times with a Notice of 
Enforcement. If circumstances render enforcement of the regulated area 
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 regulated area 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. 1233.

    Dated: January 10, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-00861 Filed 1-17-17; 8:45 am]
 BILLING CODE 9110-04-P