[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63921-63923]
[FR Doc No: 2015-26955]

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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.

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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

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<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
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

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