82_FR_5491 82 FR 5480 - Special Local Regulation; Pago Pago Harbor, American Samoa

82 FR 5480 - Special Local Regulation; Pago Pago Harbor, American Samoa

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 11 (January 18, 2017)

Page Range5480-5482
FR Document2017-00861

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).

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017)
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Proposed Rules]
[Pages 5480-5482]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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



                                                    5480                 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                      Qualified nonelective contributions                   www.regulations.gov. See the ‘‘Public                  No other vessels will be permitted to
                                                    (QNECs). Qualified nonelective                          Participation and Request for                          enter the regulated area without
                                                    contributions or QNECs means qualified                  Comments’’ portion of the                              obtaining permission from the COTP or
                                                    nonelective contributions or QNECs as                   SUPPLEMENTARY INFORMATION section for                  a designated representative. The harbor
                                                    defined in § 1.401(k)–6.                                further instructions on submitting                     will remain closed until the Coast Guard
                                                                                                            comments.                                              issues an ‘‘All Clear’’ after races have
                                                    John Dalrymple,
                                                                                                            FOR FURTHER INFORMATION CONTACT: If                    concluded and the harbor is deemed
                                                    Deputy Commissioner for Services and                                                                           safe for normal operations. This rule
                                                    Enforcement.                                            you have questions about this proposed
                                                                                                            rulemaking, call or email Lieutenant                   will not require any vessel already
                                                    [FR Doc. 2017–00876 Filed 1–17–17; 8:45 am]
                                                                                                            Commander Nicolas Jarboe, Waterways                    moored to evacuate the port, provided
                                                    BILLING CODE 4830–01–P                                                                                         they are moored in such a way that they
                                                                                                            Management Division, U.S. Coast Guard
                                                                                                            Sector Honolulu; telephone (808) 541–                  do not interfere with the event. The
                                                                                                            4359, email nicolas.a.jarboe@uscg.mil.                 proposed regulatory text appears at the
                                                    DEPARTMENT OF HOMELAND                                                                                         end of this document.
                                                    SECURITY                                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                                   IV. Regulatory Analyses
                                                                                                            I. Table of Abbreviations
                                                    Coast Guard                                                                                                      We developed this proposed rule after
                                                                                                            COTP Captain of the Port, Honolulu
                                                                                                            CFR Code of Federal Regulations
                                                                                                                                                                   considering numerous statutes and
                                                    33 CFR Part 100                                                                                                Executive Orders related to rulemaking.
                                                                                                            FR Federal Register
                                                    [Docket Number USCG–2016–1041]                          NPRM Notice of proposed rulemaking                     Below we summarize our analyses
                                                                                                            § Section                                              based on a number of these statutes and
                                                    RIN 1625–AA08                                           U.S.C. United States Code                              Executive orders and we discuss First
                                                                                                            II. Background, Purpose, and Legal                     Amendment rights of protestors.
                                                    Special Local Regulation; Pago Pago
                                                    Harbor, American Samoa                                  Basis                                                  A. Regulatory Planning and Review
                                                    AGENCY:   Coast Guard, DHS.                                This annual event will consist of a                    Executive Orders 12866 and 13563
                                                                                                            series of races entirely within Pago Pago              direct agencies to assess the costs and
                                                    ACTION:   Notice of proposed rulemaking.                Harbor between longboats with                          benefits of available regulatory
                                                    SUMMARY:   The Coast Guard proposes to                  paddling crews of 30–50 persons each.                  alternatives and, if regulation is
                                                    establish a permanent special local                     It is anticipated that a large number of               necessary, to select regulatory
                                                    regulation for the Annual Fautasi Ocean                 spectator pleasure craft will be drawn to              approaches that maximize net benefits.
                                                    Challenge canoe race in Pago Pago                       the event. Spectator vessels and                       Executive Order 13563 emphasizes the
                                                    Harbor, American Samoa. This annual                     commercial vessel traffic would pose a                 importance of quantifying both costs
                                                    event historically occurs during the                    significant safety hazard to the                       and benefits, of reducing costs, of
                                                    weeks of Veteran’s Day and                              longboats, longboat crew members, and                  harmonizing rules, and of promoting
                                                    Thanksgiving Day. This action is                        other persons and vessels involved with                flexibility. This NPRM has not been
                                                    necessary to safeguard the participants                 the event due to the longboats limited                 designated a ‘‘significant regulatory
                                                    and spectators, including all crews,                    maneuverability within the port.                       action,’’ under Executive Order 12866.
                                                    vessels, and persons on the water in                       The Captain of the Port, Honolulu                   This determination is based on the size,
                                                    Pago Pago Harbor during the event. This                 (COTP), proposes to establish a                        location, duration, and time-of-day of
                                                    regulation will functionally close the                  permanent special local regulation for                 the safety zone. Accordingly, this NPRM
                                                    port to vessel traffic during the race, but             Pago Pago Harbor to minimize vessel                    has not been reviewed by the Office of
                                                    will not require the evacuation of any                  traffic in Pago Pago Harbor before,                    Management and Budget.
                                                    vessels from the harbor. Entry into,                    during, and after the scheduled event to                  Under this NPRM, the Coast Guard
                                                    transiting, or anchoring in the harbor                  safeguard persons and vessels during                   would issue a Broadcast Notice to
                                                    would be prohibited to all vessels not                  the longboat races. A regulated area is                Mariners with information pertaining to
                                                    registered with the sponsor as                          a water area, shore area, or water and                 the regulated area via VHF–FM marine
                                                    participants or not part of the race                    shore area, for safety or environmental                channel 16.
                                                    patrol, unless specifically authorized by               purposes, of which access is limited to
                                                                                                            authorized persons, vehicles, or vessels.              B. Impact on Small Entities
                                                    the Captain of the Port (COTP) Honolulu
                                                                                                            The statutory basis for this rulemaking                   The Regulatory Flexibility Act of
                                                    or a designated representative. Vessels
                                                                                                            is 33 U.S.C. 1233, which gives the Coast               1980, 5 U.S.C. 601–612, as amended,
                                                    who are already moored or anchored in
                                                                                                            Guard, under a delegation from the                     requires Federal agencies to consider
                                                    the harbor seeking permission to remain
                                                                                                            Secretary of the Department of                         the potential impact of regulations on
                                                    there shall request permission from the
                                                                                                            Homeland Security, regulatory authority                small entities during rulemaking. The
                                                    COTP unless deemed a spectator vessel
                                                                                                            to enforce the Ports and Waterways                     term ‘‘small entities’’ comprises small
                                                    that is moored to a waterfront facility
                                                                                                            Safety Act.                                            businesses, not-for-profit organizations
                                                    within the regulated area. The area
                                                                                                                                                                   that are independently owned and
                                                    forming the subject of this permanent                   III. Discussion of Proposed Rule                       operated and are not dominant in their
                                                    special local regulation is described                      This rule will create a permanent                   fields, and governmental jurisdictions
                                                    below. We invite your comments on this                  special local regulation in Pago Pago                  with populations of less than 50,000.
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    notice of proposed rulemaking (NPRM).                   Harbor. The regulated area will close the              The Coast Guard certifies under 5 U.S.C.
                                                    DATES: Comments and related material                    harbor to all vessels not authorized by                605(b) that this proposed rule would not
                                                    must be received by the Coast Guard on                  the COTP for entry into, transiting, or                have a significant economic impact on
                                                    or before February 17, 2017.                            anchoring within the port for the                      a substantial number of small entities.
                                                    ADDRESSES: You may submit comments                      duration of the event. The COTP will                      Some owners or operators of vessels
                                                    identified by docket number USCG–                       authorize registered participants,                     intending to transit the regulated area
                                                    2016–1041 using the Federal                             support vessels, and enforcement                       may be small entities and may not be
                                                    eRulemaking Portal at http://                           vessels to enter and remain in the area.               authorized to do so. However, given the


                                               VerDate Sep<11>2014   16:51 Jan 17, 2017   Jkt 241001   PO 00000   Frm 00050   Fmt 4702   Sfmt 4702   E:\FR\FM\18JAP1.SGM   18JAP1


                                                                         Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules                                              5481

                                                    short duration of this proposed                         contact the person listed in the FOR                   indicate the specific section of this
                                                    temporary rule, this would not create a                 FURTHER INFORMATION CONTACT     section.               document to which each comment
                                                    significant economic impact on a                                                                               applies, and provide a reason for each
                                                                                                            E. Unfunded Mandates Reform Act
                                                    substantial number of these entities.                                                                          suggestion or recommendation.
                                                    Moreover, the rule would allow all                        The Unfunded Mandates Reform Act                        We encourage you to submit
                                                    vessels to seek permission from the                     of 1995 (2 U.S.C. 1531–1538) requires                  comments through the Federal
                                                    Coast Guard to enter the regulated area.                Federal agencies to assess the effects of              eRulemaking Portal at http://
                                                       If you think that your business,                     their discretionary regulatory actions. In             www.regulations.gov. If your material
                                                    organization, or governmental                           particular, the Act addresses actions                  cannot be submitted using http://
                                                    jurisdiction qualifies as a small entity                that may result in the expenditure by a                www.regulations.gov, contact the person
                                                    and that this rule would have a                         State, local, or tribal government, in the             in the FOR FURTHER INFORMATION
                                                    significant economic impact on it,                      aggregate, or by the private sector of                 CONTACT section of this document for
                                                    please submit a comment (see                            $100,000,000 (adjusted for inflation) or               alternate instructions.
                                                    ADDRESSES) explaining why you think it                  more in any one year. Though this                         We accept anonymous comments. All
                                                    qualifies and how and to what degree                    proposed rule would not result in such                 comments received will be posted
                                                    this rule would economically affect it.                 expenditure, we discuss the effects of                 without change to http://
                                                       Under section 213(a) of the Small                    this rule elsewhere in this preamble.                  www.regulations.gov and will include
                                                    Business Regulatory Enforcement                                                                                any personal information you have
                                                                                                            F. Environment
                                                    Fairness Act of 1996 (Public Law 104–                                                                          provided. For more about privacy and
                                                    121), we want to assist small entities in                  We have analyzed this proposed rule                 the docket, you may review a Privacy
                                                    understanding this proposed rule. If the                under Department of Homeland                           Act notice regarding the Federal Docket
                                                    rule would affect your small business,                  Security Management Directive 023–01                   Management System in the March 24,
                                                    organization, or governmental                           and Commandant Instruction                             2005, issue of the Federal Register (70
                                                    jurisdiction and you have questions                     M16475.lD, which guide the Coast                       FR 15086).
                                                    concerning its provisions or options for                Guard in complying with the National                      Documents mentioned in this NPRM
                                                    compliance, please contact the person                   Environmental Policy Act of 1969 (42                   as being available in the docket, and all
                                                    listed in the FOR FURTHER INFORMATION                   U.S.C. 4321–4370f), and have made a                    public comments, will be in our online
                                                    CONTACT section. The Coast Guard will                   preliminary determination that this                    docket at http://www.regulations.gov
                                                    not retaliate against small entities that               action is one of a category of actions that            and can be viewed by following that
                                                    question or complain about this                         do not individually or cumulatively                    Web site’s instructions. Additionally, if
                                                    proposed rule or any policy or action of                have a significant effect on the human                 you go to the online docket and sign up
                                                    the Coast Guard.                                        environment. This proposed rule                        for email alerts, you will be notified
                                                                                                            involves a temporary and limited safety                when comments are posted or a final
                                                    C. Collection of Information                            zone in Pago Pago Harbor. Normally                     rule is published.
                                                      This proposed rule would not call for                 such actions are categorically excluded
                                                    a new collection of information under                   from further review under paragraph                    List of Subjects in 33 CFR Part 100
                                                    the Paperwork Reduction Act of 1995                     34(g) of Figure 2–1 of Commandant                        Marine safety, Navigation (water),
                                                    (44 U.S.C. 3501–3520).                                  Instruction M16475.lD. A preliminary                   Reporting and recordkeeping
                                                                                                            environmental analysis checklist                       requirements, and Waterways.
                                                    D. Federalism and Indian Tribal
                                                    Governments                                             supporting this determination and a                      For the reasons discussed in the
                                                                                                            Categorical Exclusion Determination are                preamble, the Coast Guard proposes to
                                                       A rule has implications for federalism               available in the docket where indicated                amend 33 CFR part 100 as follows:
                                                    under Executive Order 13132,                            under ADDRESSES. We seek any
                                                    Federalism, if it has a substantial direct              comments or information that may lead                  PART 100—SPECIAL LOCAL
                                                    effect on the States, on the relationship               to the discovery of a significant                      REGULATIONS/REGATTAS AND
                                                    between the national government and                     environmental impact from this                         MARINE PARADES.
                                                    the States, or on the distribution of                   proposed rule.
                                                    power and responsibilities among the                                                                           ■ 1. The authority citation for part 100
                                                    various levels of government. We have                   G. Protest Activities                                  continues to read as follows:
                                                    analyzed this proposed rule under that                    The Coast Guard respects the First                       Authority: 33 U.S.C. 1233.
                                                    Order and have determined that it is                    Amendment rights of protesters.                        ■   2. Add § 100.1401 to read as follows:
                                                    consistent with the fundamental                         Protesters are asked to contact the
                                                    federalism principles and preemption                    person listed in the FOR FURTHER                       § 100.1401 Special Local Regulation;
                                                    requirements described in Executive                     INFORMATION CONTACT section to                         Annual Fautasi Ocean Challenge Canoe
                                                    Order 13132.                                            coordinate protest activities so that your             Race, Pago Pago Harbor, America Samoa.
                                                       Also, this proposed rule does not have               message can be received without                          (a) Location. The following regulated
                                                    tribal implications under Executive                     jeopardizing the safety or security of                 area is established as a special local
                                                    Order 13175, Consultation and                           people, places, or vessels.                            regulation: Breakers Point (eastern edge
                                                    Coordination with Indian Tribal                                                                                of Pago Pago Harbor entrance) thence
                                                    Governments, because it would not have                  V. Public Participation and Request for                southeast to 14°18′47″ S., 170°38′54.5″
                                                    a substantial direct effect on one or                   Comments                                               W. thence southwest to 14°19′03″ S.,
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                                                    more Indian tribes, on the relationship                   We view public participation as                      170°39′14″ W., thence northwest to
                                                    between the Federal Government and                      essential to effective rulemaking, and                 Tulutulu Point and then following the
                                                    Indian tribes, or on the distribution of                will consider all comments and material                coastline encompassing Pago Pago
                                                    power and responsibilities between the                  received during the comment period.                    Harbor. This regulated area extends
                                                    Federal Government and Indian tribes.                   Your comment can help shape the                        from the surface of the water to the
                                                       If you believe this proposed rule                    outcome of this rulemaking. If you                     ocean floor.
                                                    would have substantial direct effects on                submit a comment, please include the                      (b) Enforcement period. This annual
                                                    federalism or tribal governments, please                docket number for this rulemaking,                     event historically occurs in November


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                                                    5482                 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                    during the weeks of Veterans Day and                    DEPARTMENT OF HOMELAND                                 navigable waters within the COTP San
                                                    Thanksgiving Day. The Captain of the                    SECURITY                                               Francisco zone. One of the published
                                                    Port Honolulu, will establish                                                                                  annual fireworks events that require
                                                    enforcement dates that will be                          Coast Guard                                            safety zones does not currently reflect
                                                    announced by Notice of Enforcement,                                                                            the accurate location of the respective
                                                    Local Notice to Mariners, Broadcast                     33 CFR Part 165                                        display sites. Three annual fireworks
                                                    Notice to Mariners, on-scene designated                 [Docket Number USCG–2016–0836]
                                                                                                                                                                   events that require safety zones are not
                                                    representatives, and outreach.                                                                                 published in 33 CFR 165.1191 and one
                                                                                                            RIN 1625–AA00                                          published fireworks event has not
                                                       (c) Regulations. (1) All persons and                                                                        occurred since 2009. These safety zones
                                                    vessels not registered with the sponsor                 Safety Zones; San Francisco, CA                        are necessary to provide for the safety of
                                                    as participants or support/enforcement                                                                         the crew, spectators, participants of the
                                                                                                            AGENCY:   Coast Guard, DHS.
                                                    vessels are considered spectators. The                                                                         event, participating vessels, and other
                                                    ‘‘support/enforcement vessels’’ consist                 ACTION:   Notice of proposed rulemaking.
                                                                                                                                                                   users and vessels of the waterway from
                                                    of any territory, or local law                          SUMMARY:   The Coast Guard proposes to                 the hazards associated with firework
                                                    enforcement and sponsor provided                        amend, add, and delete several                         displays. The effect of these proposed
                                                    vessels assigned or approved by the                     permanent safety zones located in the                  safety zones will be to restrict general
                                                    Captain of the Port Honolulu to patrol                  Captain of the Port San Francisco zone                 navigation in the vicinity of the events,
                                                    the regulated area.                                     that are established to protect public                 from the start of each event until the
                                                                                                            safety during annual firework displays.                conclusion of that event. Except for the
                                                       (2) No spectator shall anchor, block,
                                                                                                            These amendments will update listed                    persons or vessels authorized by the
                                                    loiter or impede the transit of
                                                                                                            events to accurately reflect the firework              COTP San Francisco or a designated
                                                    participants or support/enforcement                                                                            representative, no person or vessel may
                                                    vessels in the regulated area during the                display locations. This proposed
                                                                                                            rulemaking would limit the movement                    enter or remain in the regulated area.
                                                    enforcement dates and times, unless                                                                            These regulations are needed to keep
                                                    cleared for entry by or through a                       of vessels within the established
                                                                                                            firework display areas unless authorized               spectators and vessels a safe distance
                                                    support/enforcement vessel.                                                                                    away from the fireworks displays to
                                                                                                            by the Captain of the Port (COTP) San
                                                       (3) Spectator vessels may be moored                  Francisco or a designated                              ensure the safety of participants,
                                                    to a waterfront facility within the                     representative. We invite your                         spectators, and transiting vessels.
                                                    regulated area in such a way that they                  comments on this proposed rulemaking.                  III. Discussion of Proposed Rule
                                                    shall not interfere with the progress of                DATES: Comments and related material                      The Coast Guard has reviewed 33 CFR
                                                    the event. Such mooring must be                         must be received by the Coast Guard on                 165.1191 for accuracy. The Coast Guard
                                                    complete at least 30 minutes prior to the               or before February 17, 2017.                           is proposing to amend Table 1 in § 1191
                                                    establishment of the regulated area and                 ADDRESSES: You may submit comments                     to modify one event to reflect the
                                                    remain moored through the duration of                   identified by docket number USCG–                      current event locations, add three
                                                    the event.                                              2016–0836 using the Federal                            events, and delete one outdated event.
                                                       (d) Informational Broadcasts. The                    eRulemaking Portal at http://                             The event proposed to be modified is
                                                    Captain of the Port Honolulu, will                      www.regulations.gov. See the ‘‘Public                  listed numerically in Table 1 of this
                                                    establish enforcement dates and times                   Participation and Request for                          section as item 9, ‘‘Fourth of July
                                                    with a Notice of Enforcement. If                        Comments’’ portion of                                  Fireworks, City of Richmond.’’ The
                                                    circumstances render enforcement of                     theSUPPLEMENTARY INFORMATION section                   display location currently listed,
                                                    the regulated area unnecessary for the                  for further instructions on submitting                 Richmond Harbor, has been deemed
                                                    entirety of these periods, the Captain of               comments.                                              undesirable or hazardous by the event
                                                    the Port or his designated representative                                                                      sponsors, and so it is being changed to
                                                                                                            FOR FURTHER INFORMATION CONTACT:   If
                                                    will inform the public through                                                                                 a barge located in the harbor, and the
                                                                                                            you have questions about this proposed
                                                    broadcast notices to mariners that the                                                                         area of the safety zone would be the area
                                                                                                            rulemaking, call or email Lieutenant
                                                                                                                                                                   around the barge.
                                                    regulated area is no longer being                       Junior Grade Christina Ramirez, U.S.
                                                                                                                                                                      We are also proposing to add three
                                                    enforced. The harbor will remain closed                 Coast Guard Sector San Francisco;
                                                                                                                                                                   events to Table 1 of 33 CFR 165.1191,
                                                    until the Coast Guard issues an ‘‘All                   telephone 415–399–3585, email D11-PF-
                                                                                                                                                                   as items 28, 29, and 30. These events are
                                                    Clear’’ for the harbor after the race has               MarineEvents@uscg.mil.
                                                                                                                                                                   titled Execpro Services Fourth of July
                                                    concluded and the harbor is deemed                      SUPPLEMENTARY INFORMATION:                             Fireworks, Monte Foundation
                                                    safe for normal operations.                                                                                    Fireworks, Lake Tahoe, and Sausalito
                                                                                                            I. Table of Abbreviations
                                                       (e) Penalties. Vessels or persons                                                                           Lighted Boat Parade Fireworks,
                                                                                                            CFR Code of Federal Regulations                        respectively. The events proposed to be
                                                    violating this rule may be subject to the               COTP Captain of the Port
                                                    penalties set forth in 33 U.S.C. 1233.                  DHS Department of Homeland Security
                                                                                                                                                                   added have taken place in 2011, 2013,
                                                                                                            FR Federal Register                                    and 2014, and we believe that they will
                                                      Dated: January 10, 2017.
                                                                                                            NPRM Notice of proposed rulemaking                     likely be regularly scheduled in the
                                                    M.C. Long,                                                                                                     future. For those reasons, we believe it
                                                                                                            PATCOM Patrol Commander
                                                    Captain, U.S. Coast Guard, Captain of the                                                                      is beneficial to include them in the
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                                                                                                            § Section
                                                    Port Honolulu.                                          U.S.C. United States Code                              permanent regulation.
                                                    [FR Doc. 2017–00861 Filed 1–17–17; 8:45 am]                                                                       Finally, we propose to remove item 2,
                                                                                                            II. Background, Purpose, and Legal
                                                    BILLING CODE 9110–04–P                                                                                         ‘‘KFOG KaBoom,’’ as this event is
                                                                                                            Basis
                                                                                                                                                                   outdated. It is unlikely to reoccur and
                                                                                                              The Coast Guard is conducting this                   its continued inclusion in the regulation
                                                                                                            rulemaking under the authority of 33                   offers the possibility of confusion.
                                                                                                            U.S.C. 1231. Fireworks displays are held                  The Coast Guard proposes this
                                                                                                            annually on a recurring basis on the                   rulemaking under authority in 33 U.S.C.


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Document Created: 2018-02-01 15:19:04
Document Modified: 2018-02-01 15:19:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before February 17, 2017.
ContactIf 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]
FR Citation82 FR 5480 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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