[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Rules and Regulations]
[Pages 44929-44932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20664]


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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; Fautasi Ocean Challenge Canoe Race, 
Pago Pago Harbor, American Samoa

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent special local 
regulation for the Fautasi Ocean Challenge canoe races in Pago Pago 
Harbor, American Samoa. These annual events historically occur four 
separate weekend or holiday days each year. The annual dates include 
one day in April and three separate days between Veteran's Day and the 
Thanksgiving holiday weekend. Each of the four days, canoe races are 
held between 7 a.m. to 4 p.m. This action is necessary to safeguard the 
participants and

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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 concerned for this permanent special local regulation is described 
below.

DATES: This rule is effective October 27, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-1041 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 John Bannon, 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
COTP Captain of the Port
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 January 18, 2017, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) in the Federal Register (82 FR 5480) entitled 
``Special Local Regulation; Pago Pago Harbor, American Samoa.'' In the 
NPRM we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this canoe race event. During the 
comment period that ended February 17, 2017, we received no comments.
    This event will consist of a series of three single race days 
within Pago Pago Harbor each November and one race day in April. The 
event will include 50 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. 
Traditionally, the event is held on Fridays, Saturdays, or holiday week 
days, pending when Veteran's Day falls each year, and are dependent on 
local weather; both factors will dictate the event days each year.

III. Legal Authority and Need for Rule

    The Captain of the Port, Honolulu (COTP), is establishing a 
permanent special local regulation 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.
    The Captain of the Port Honolulu has determined that potential 
safety hazards exist to the longboats, longboat crew members, and other 
persons and vessels involved with the event due to the longboats 
limited maneuverability within the port and large amount of spectator 
vessels and commercial traffic drawn to the event. The purpose of this 
rule is to ensure safety of vessels and navigable waters in the safety 
zone before, during, and after the event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
January 18, 2017. However, after the NPRM period, Coast Guard was 
notified by the event sponsor that an additional event occurs on April 
17 annually in celebration of American Samoa's Flag Day. The Coast 
Guard is amending this regulation to include this event.
    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 COTP will use all appropriate means to notify the public when 
the special local regulation in this rule will be enforced. Such means 
may include publication in the Federal Register a Notice of 
Enforcement, Broadcast Notice to Mariners, and Local Notice to 
Mariners. The regulatory text appears at the end of this document.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the Special Local Regulation. 
Vessel traffic will be able to safety transit through the event with 
prior coordination and approval by the Coast Guard Captain of the Port, 
or designated representative. Furthermore, the annual events occur 
during times of the year when commercial vessel traffic is normally 
low. Moreover, The Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the regulation.

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

[[Page 44931]]

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 zero 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.
    While some owners or operators of vessels intending to transit 
through the regulated area 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 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 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(h) 
of Figure 2-1 of Commandant Instruction M16475.lD. It is categorically 
excluded from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

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 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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; 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) Effective period. These annual events occur on four separate 
dates to include: April 17; and three days to include Friday, Saturday 
or a holiday weekday, in November between the week of Veteran's Day and 
the Thanksgiving weekend, lasting between 7 a.m. to 4 p.m. each day. 
The Captain of the Port Honolulu will establish specific enforcement 
dates that will be announced in advance by Notice of Enforcement, Local 
Notice to Mariners, Broadcast Notice to Mariners, and prior event 
outreach, including local advertisement and on-scene designated 
representatives prior to and during the event.
    (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 vessels 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.

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    (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: September 21, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-20664 Filed 9-26-17; 8:45 am]
 BILLING CODE 9110-04-P