Safety Zone; Pago Pago Harbor, American Samoa, 20794-20796 [2014-08240]

Download as PDF 20794 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 (NEPA) (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 establishing a safety zone in a portion of the Raritan River. This rule 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. List of Subjects in 33 CFR Part 165 Harbors, Marine Safety Navigation (water), Reporting and recordkeeping requirements, Security measures, and Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: mstockstill on DSK4VPTVN1PROD with RULES ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. ■ Raritan River upstream of the Perth Amboy Railroad Bridge, which spans the waterway at approximately 40°29′46.3″ N, 74°16′51.5″ W. (b) Definitions. The following definitions apply to this section: (1) ‘‘Designated representative’’ means any U.S. Army Corps of Engineers personnel, any commissioned, warrant, or petty officer of the U.S. Coast Guard, and any member of the Coast Guard Auxiliary who has been designated by the Captain of the Port New York (COTP), to act on his or her behalf. As a designated representative, the U.S. Army Corps of Engineers official patrol vessel will communicate with vessels via VHF–FM radio or loudhailer. (2) ‘‘Official patrol vessel’’ means any Coast Guard, Coast Guard Auxiliary, Army Corp of Engineers, state, or local law enforcement vessels assigned or approved by the COTP. (c) Regulations. (1) The general regulations in 33 CFR 165.23 apply. (2) Entry, transit, diving, dredging, dumping, fishing, trawling, conducting salvage operations, remaining or anchoring within the safety zone described in paragraph (a) of this section is prohibited unless authorized by the COTP. (3) Upon being hailed by a U.S. Coast Guard vessel, U.S. Army Corps of Engineers vessel or a designated representative, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. (4) Vessel operators desiring to enter, transit, dive, dredge, dump, fish, trawl, conduct salvage operations, remain within or anchor within the safety zone must contact the COTP or a designated representative via VHF channel 16 or by phone at (718) 354–4353 (Sector New York Command Center) to request permission. (5) Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or a designated representative. Dated: March 28, 2014. G. Loebl, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2014–08247 Filed 4–11–14; 8:45 am] BILLING CODE 9110–04–P 2. Add § 165.170 to read as follows: § 165.170 Safety Zone; Military Munitions Recovery, Raritan River, Raritan, NJ. (a) Location. The following area is a safety zone: All navigable waters of the VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2014–0014] RIN 1625–AA00 Safety Zone; Pago Pago Harbor, American Samoa Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for Pago Pago Harbor, American Samoa during the April 17, 2014 Fautasi Race. This action is necessary for the safeguard of participants and spectators, including all crews, vessels, and persons on the navigable waters during the Fautasi Races (canoe boat races) that will occur in Pago Pago Harbor. This safety zone 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 this safety zone 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 Honolulu or a designated representative. DATES: This safety zone is effective from 7:30 a.m. to 8:30 a.m. (SST) on April 17, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2014–0014. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Scott Whaley of the United States Coast Guard Sector Honolulu at 808–541– 4359 or Scott.O.Whaley@uscg.mil, respectively. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\14APR1.SGM 14APR1 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations anticipates minimal impact on vessel traffic due to this safety zone. However, the safety zone is deemed necessary for the safeguard of life and property within the safety zone. Table of Acronyms DHS Department of Homeland Security FR Federal Register TFR Temporary Final Rule COTP Captain of the Port mstockstill on DSK4VPTVN1PROD with RULES A. Regulatory History and Information The Coast Guard is establishing this TFR 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(d)(3), the Coast Guard finds good cause exists for making this rule effective less than 30 days after publication in the Federal Register. The specific details of the Fautasi Race were not determined until less than a month before the race was scheduled to be held. Due to the need to restrict vessel traffic during the race, in order to protect the participants, spectators, Marine Patrol and the race officials, a 30-day notice period is impracticable. The Captain of the Port (COTP) Honolulu finds that this safety zone is required on April 17, 2014, to ensure the safety of the participants, spectators, Marine Patrol and the race officials. B. Basis and Purpose 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 implement 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, access is limited to authorized persons, vehicles, or vessels. The purpose of this rule is to minimize vessel traffic during the Fautasi canoe race. This race is a hugely popular event attended by a vast majority of American Samoa residents and is sponsored by American Samoa Government. This event is expected to draw a large number of pleasure craft, posing a significant hazard to both vessels and mariners operating in or near the area. The COTP Honolulu is establishing a safety zone for Pago Pago Harbor to accommodate these events and to safeguard persons and vessels during the canoe boat race. The legal basis and authorities for this temporary final rule are found in 33 U.S.C. 1231 and 33 CFR part 165, which authorizes the Coast Guard to propose, establish, and define safety zones. The COTP VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 C. Discussion of the Rule This rule creates a safety zone for Pago Pago Harbor. The Coast Guard is banning the transit of all commercial vessel through the harbor that are not authorized by the COTP or a designated support or enforcement vessel for the event, effectively closing the port for commercial vessels. 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. This temporary rule does not require any vessel to evacuate the port if moored; it only bans the transit through the zone during the aforementioned times. An illustration of the safe zone is available in the online docket. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The expected short duration and impact of the rule ensures it will not rise to the level a significant regulatory action. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during 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. This rule would affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit, anchor or moor within Pago Pago Harbor American Samoa between 7:30 a.m. and 8:30 a.m. (SST) on April 17, 2014. This safety zone would not have a significant economic impact on a PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 20795 substantial number of small entities for the following reasons: This safety zone is of limited duration and intended to protect Pago Pago Harbor for continued use by these small entities and others following the completion of the canoe race. Once the race has concluded, the safety zone will be cancelled allowing vessels to transit the harbor in accordance with already established regulations. 3. Assistance for Small Entities 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, above. 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. 4. 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). 5. Federalism 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 determined that this rule does not have implications for federalism. 6. 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 E:\FR\FM\14APR1.SGM 14APR1 20796 Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules and Regulations coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. 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. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 14. 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 (NEPA) (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 the closure of the port to all traffic. This rule is categorically excluded from further review under paragraph 34g of Figure 2–1 of the Commandant Instruction. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, 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 1. The authority citation for part 165 continues to read as follows: ■ (2) No spectator shall anchor, block, loiter or impede the transit of participants or support/enforcement vessels in the safety zone while this section is effective, unless cleared 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 events. Such mooring must be complete at least 30 minutes prior to the effective period of this section and remain moored through the duration of the events. (d) Informational Broadcasts. The COTP or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the safety zone as well as any changes in the planned schedule. Once the zone is being enforced, due to the commencement of the race, transiting, anchoring, and loitering in the harbor is forbidden and the harbor will remain closed until 8:30 a.m., or earlier if the Coast Guard issues an ‘‘All Clear’’ after the race has concluded and the harbor is deemed safe for normal operations. Dated: March 25, 2014. S.N. Gilreath, Captain, U.S. Coast Guard, COTP Honolulu. [FR Doc. 2014–08240 Filed 4–11–14; 8:45 am] Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. BILLING CODE 9110–04–P ■ 2. Add § 165.T14–0014 to read as follows: Coast Guard § 165.T14–0014 Safety Zone; Pago Pago Harbor, America Samoa. 33 CFR Part 165 11. Indian Tribal Governments 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. mstockstill on DSK4VPTVN1PROD with RULES 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. (a) Location. The following area is a safety zone: All waters encompassed by a line starting at Breakers Point (eastern edge of Pago Pago Harbor entrance) thence southeast to 14° 18′47″ S, 170° 38′54.5″ W thence southwest to 14° 19′03″ S, 170° 39′14″ W, thence northwest to Tulutulu Point and then following the Pago Pago Harbor coastline back to the point of origins. This safety zone extends from the surface of the water to the ocean floor. (b) Enforcement period. This section will be enforced from 7:30 a.m. to 8:30 a.m. (SST) on April 17, 2014. (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 COTP Honolulu to patrol the safety zone. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. VerDate Mar<15>2010 16:13 Apr 11, 2014 Jkt 232001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY [Docket No. USCG–2014–0156] RIN 1625–AA00 Eighth Coast Guard District Annual Safety Zones; Pittsburgh Pirates Fireworks; Allegheny River Mile 0.4 to 0.6; Pittsburgh, PA Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a safety zone for the Pittsburgh Pirates Fireworks on the Allegheny River, from mile 0.4 to 0.6, extending the entire width of the river. This zone will be in effect on April 5, April 19, May 10, June 26, July 19, August 9, and September 20, 2014 from 9 p.m. until 11 p.m. This zone is needed to protect vessels transiting the area and event spectators from the hazards associated with the Pittsburgh Pirates Barge-based Fireworks. During the enforcement period, entry into, transiting, or SUMMARY: E:\FR\FM\14APR1.SGM 14APR1

Agencies

[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Pages 20794-20796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08240]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0014]
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 temporary safety zone for 
Pago Pago Harbor, American Samoa during the April 17, 2014 Fautasi 
Race. This action is necessary for the safeguard of participants and 
spectators, including all crews, vessels, and persons on the navigable 
waters during the Fautasi Races (canoe boat races) that will occur in 
Pago Pago Harbor. This safety zone 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 
this safety zone 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 Honolulu or a 
designated representative.

DATES: This safety zone is effective from 7:30 a.m. to 8:30 a.m. (SST) 
on April 17, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0014. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Scott Whaley of the United States 
Coast Guard Sector Honolulu at 808-541-4359 or Scott.O.Whaley@uscg.mil, 
respectively. If you have questions on viewing or submitting material 
to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 20795]]

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
COTP Captain of the Port

A. Regulatory History and Information

    The Coast Guard is establishing this TFR 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(d)(3), the Coast Guard finds good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. The specific details of the 
Fautasi Race were not determined until less than a month before the 
race was scheduled to be held. Due to the need to restrict vessel 
traffic during the race, in order to protect the participants, 
spectators, Marine Patrol and the race officials, a 30-day notice 
period is impracticable. The Captain of the Port (COTP) Honolulu finds 
that this safety zone is required on April 17, 2014, to ensure the 
safety of the participants, spectators, Marine Patrol and the race 
officials.

B. Basis and Purpose

    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 implement 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, access is 
limited to authorized persons, vehicles, or vessels.
    The purpose of this rule is to minimize vessel traffic during the 
Fautasi canoe race. This race is a hugely popular event attended by a 
vast majority of American Samoa residents and is sponsored by American 
Samoa Government. This event is expected to draw a large number of 
pleasure craft, posing a significant hazard to both vessels and 
mariners operating in or near the area. The COTP Honolulu is 
establishing a safety zone for Pago Pago Harbor to accommodate these 
events and to safeguard persons and vessels during the canoe boat race. 
The legal basis and authorities for this temporary final rule are found 
in 33 U.S.C. 1231 and 33 CFR part 165, which authorizes the Coast Guard 
to propose, establish, and define safety zones. The COTP anticipates 
minimal impact on vessel traffic due to this safety zone. However, the 
safety zone is deemed necessary for the safeguard of life and property 
within the safety zone.

C. Discussion of the Rule

    This rule creates a safety zone for Pago Pago Harbor. The Coast 
Guard is banning the transit of all commercial vessel through the 
harbor that are not authorized by the COTP or a designated support or 
enforcement vessel for the event, effectively closing the port for 
commercial vessels. 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. This temporary rule does 
not require any vessel to evacuate the port if moored; it only bans the 
transit through the zone during the aforementioned times. An 
illustration of the safe zone is available in the online docket.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our 
analyses.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The expected short 
duration and impact of the rule ensures it will not rise to the level a 
significant regulatory action.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during 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.
    This rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit, anchor or moor within Pago Pago Harbor American Samoa between 
7:30 a.m. and 8:30 a.m. (SST) on April 17, 2014.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone is of limited duration and intended to protect Pago Pago 
Harbor for continued use by these small entities and others following 
the completion of the canoe race. Once the race has concluded, the 
safety zone will be cancelled allowing vessels to transit the harbor in 
accordance with already established regulations.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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

[[Page 20796]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 the closure of the port to all traffic. 
This rule is categorically excluded from further review under paragraph 
34g of Figure 2-1 of the Commandant Instruction.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T14-0014 to read as follows:


Sec.  165.T14-0014  Safety Zone; Pago Pago Harbor, America Samoa.

    (a) Location. The following area is a safety zone: All waters 
encompassed by a line starting at 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 Pago Pago 
Harbor coastline back to the point of origins. This safety zone extends 
from the surface of the water to the ocean floor.
    (b) Enforcement period. This section will be enforced from 7:30 
a.m. to 8:30 a.m. (SST) on April 17, 2014.
    (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 COTP Honolulu to patrol the safety zone.
    (2) No spectator shall anchor, block, loiter or impede the transit 
of participants or support/enforcement vessels in the safety zone while 
this section is effective, unless cleared 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 events. Such mooring must be complete at least 30 
minutes prior to the effective period of this section and remain moored 
through the duration of the events.
    (d) Informational Broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the planned schedule. Once the zone is being enforced, due 
to the commencement of the race, transiting, anchoring, and loitering 
in the harbor is forbidden and the harbor will remain closed until 8:30 
a.m., or earlier if the Coast Guard issues an ``All Clear'' after the 
race has concluded and the harbor is deemed safe for normal operations.

    Dated: March 25, 2014.
S.N. Gilreath,
Captain, U.S. Coast Guard, COTP Honolulu.
[FR Doc. 2014-08240 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P