Special Local Regulation; Fautasi Ocean Challenge Canoe Race, Pago Pago Harbor, American Samoa, 44929-44932 [2017-20664]
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Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations
the six combinations played) at the dog
racetrack and receives a single ticket
reflecting the bet from the cashier. B wins
$5,040 from one of the selected
combinations. Pursuant to the rule in
paragraph (c)(1)(ii) of this section, the
amount of the wager is $120, not $20 for the
single winning combination of the six
combinations played. The payment is not
subject to withholding under section 3402(q)
because the proceeds from the wager are
$4,920 ($5,040 ¥ $120), which is below the
section 3402(q) withholding threshold.
Example 13. B makes two $12 Pick 6 bets
at the horse racetrack at two different cashier
windows and receives two different tickets
each representing a single $12 Pick 6 bet. In
his two Pick 6 bets, B selects the same horses
to win races 1–5 but selects different horses
to win race 6. All Pick 6 bets on those races
at that racetrack are part of a single
parimutuel pool from which Pick 6 winning
bets are paid. B wins $5,020 from one of his
Pick 6 bets. Pursuant to the rule in paragraph
(c)(1)(ii) of this section, the bets are not
aggregated for purposes of determining the
amount of the wager because the bets are
reflected on separate tickets. Assuming that
the applicable rate is 25%, the racetrack must
deduct and withhold $1,252 (($5,020 ¥ $12)
× 25%) because the amount of the proceeds
of $5,008 ($5,020 ¥ $12) is greater than
$5,000 and is at least 300 times as great as
the amount wagered ($12 × 300 = $3,600).
The racetrack also must report B’s winnings
on Form W–2G pursuant to paragraph (e) of
this section and furnish a copy of the Form
W–2G to B.
Example 14. C makes two $50 bets in two
different parimutuel pools for the same jai
alai game. One bet is an ‘‘exacta’’ in which
C bets on player M to win and player N to
‘‘place.’’ The other bet is a ‘‘trifecta’’ in
which C bets on player M to win, player N
to ‘‘place,’’ and player O to ‘‘show.’’ C wins
both bets and is paid $2,000 with respect to
the bet in the ‘‘exacta’’ pool and $3,100 with
respect to the bet in the ‘‘trifecta’’ pool.
Under paragraph (c)(1)(iii)(A) of this section,
the bets are not identical bets. Under
paragraph (c)(1)(ii) of this section, the bets
are not aggregated for purposes of
determining the amount of the wager for
either payment because they are not wagers
in the same parimutuel pool. No section
3402(q) withholding is required on either
payment because neither payment separately
exceeds the $5,000 withholding threshold.
Example 15. C makes two $100 bets for the
same dog to win a particular race. C places
one bet at the racetrack and one bet at an offtrack betting establishment, but the two pools
constitute a single pool. C receives separate
tickets for each bet. C wins both bets and is
paid $4,000 from the racetrack and $4,000
from the off-track betting establishment.
Under paragraph (c)(1)(ii) of this section, the
bets are not aggregated for purposes of
determining the amount of the wager because
the wager placed at the racetrack and the
wager placed at the off-track betting
establishment are reflected on separate
tickets, despite being placed in the same
parimutuel pool. No section 3402(q)
withholding is required because neither
payment separately exceeds the $5,000
withholding threshold.
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Example 16. C places a $200 Pick 6 bet for
a series of races at the racetrack on a
particular day and receives a single ticket for
the bet. No wager correctly picks all six races
that day, so that portion of the pool carries
over to the following day. On the following
day, C places an additional $200 Pick 6 bet
for that day’s series of races and receives a
new ticket for that bet. C wins $100,000 on
the second day. Pursuant to the rule in
paragraph (c)(1)(ii) of this section, the bets
are on two separate tickets, so C’s two Pick
6 bets are not aggregated for purposes of
determining the amount of the wager.
Assuming that the applicable rate is 25%, the
racetrack must deduct and withhold $24,950
(($100,000 ¥ $200) × 25%) because the
amount of the proceeds of $99,800 ($100,000
¥ $200) is greater than $5,000, and is at least
300 times as great as the amount wagered
($200 × 300 = $60,000). The racetrack also
must report C’s winnings on Form W–2G
pursuant to paragraph (e) of this section and
furnish a copy of the Form W–2G to C.
(g) Applicability date. The rules in
this section apply to payments made
with respect to a winning event that
occurs after November 13, 2017. For
rules that apply to payments made with
respect to a winning event on or before
that date, see § 31.3402(q)–1 as
contained in 26 CFR part 31, revised
April 1, 2017.
■ Par. 3. Section 31.3406–0 is amended
by adding an entry for paragraph (h) to
§ 31.3406(g)–2 to read as follows:
§ 31.3406–0 Outline of the backup
withholding regulations.
*
*
*
*
44929
§ 1.6041–10 of this chapter to determine
whether a winning from bingo, keno, or
slot machines is a reportable gambling
winning and thus subject to
withholding under section 3406. The
amount of a reportable gambling
winning is—
(i) The amount paid with respect to
the amount of the wager reduced, at the
option of the payer; by
(ii) The amount of the wager.
(3) Special rules. For special rules for
determining the amount of the wager in
a wagering transaction with respect to
horse racing, dog racing, and jai alai, or
amounts paid with respect to identical
wagers, see § 31.3402(q)–1(c).
*
*
*
*
*
(h) Applicability date. The rules apply
to reportable gambling winnings paid
with respect to a winning event that
occurs after November 13, 2017. For
rules that apply to payments made with
respect to a winning event on or before
that date, see § 31.3406(g)–2 as
contained in 26 CFR part 31, revised
April 1, 2017.
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
Approved: August 21, 2017.
David J. Kautter,
Assistant Secretary for Tax Policy.
[FR Doc. 2017–20720 Filed 9–25–17; 4:15 pm]
BILLING CODE 4830–01–P
*
§ 31.3406(g)–2 Exception for reportable
payments for which backup withholding is
otherwise required.
DEPARTMENT OF HOMELAND
SECURITY
*
Coast Guard
*
*
*
*
(h) Applicability date.
*
*
*
*
*
■ Par. 4. Section 31.3406(g)–2 is
amended by revising paragraphs (d)(2)
and (3) and adding paragraph (h) to read
as follows:
§ 31.3406(g)–2 Exception for reportable
payment for which withholding is otherwise
required.
*
*
*
*
*
(d) * * *
(2) Definition of a reportable gambling
winning and determination of amount
subject to backup withholding. For
purposes of withholding under section
3406, a reportable gambling winning is
any gambling winning subject to
information reporting under section
6041. A gambling winning (other than a
winning from bingo, keno, or slot
machines) is a reportable gambling
winning only if the amount paid with
respect to the wager is $600 or more and
if the proceeds are at least 300 times as
large as the amount wagered. See
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33 CFR Part 100
[Docket Number USCG–2016–1041]
RIN 1625–AA08
Special Local Regulation; Fautasi
Ocean Challenge Canoe Race, Pago
Pago Harbor, American Samoa
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a permanent special local
regulation for the Fautasi Ocean
Challenge canoe races in Pago Pago
Harbor, American Samoa. These annual
events historically occur four separate
weekend or holiday days each year. The
annual dates include one day in April
and three separate days between
Veteran’s Day and the Thanksgiving
holiday weekend. Each of the four days,
canoe races are held between 7 a.m. to
4 p.m. This action is necessary to
safeguard the participants and
SUMMARY:
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spectators, including all crews, vessels,
and persons on the water in Pago Pago
Harbor during the event. This regulation
will functionally close the port to vessel
traffic during the race, but will not
require the evacuation of any vessels
from the harbor. Entry into, transiting,
or anchoring in the harbor would be
prohibited to all vessels not registered
with the sponsor as participants or not
part of the race patrol, unless
specifically authorized by the Captain of
the Port (COTP) Honolulu or a
designated representative. Vessels who
are already moored or anchored in the
harbor seeking permission to remain
there shall request permission from the
COTP unless deemed a spectator vessel
that is moored to a waterfront facility
within the regulated area. The area
concerned for this permanent special
local regulation is described below.
DATES: This rule is effective October 27,
2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
1041 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander John
Bannon, Waterways Management
Division, U.S. Coast Guard Sector
Honolulu; telephone (808) 541–4359,
email john.e.bannon@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On January 18, 2017, the Coast Guard
published a Notice of Proposed
Rulemaking (NPRM) in the Federal
Register (82 FR 5480) entitled ‘‘Special
Local Regulation; Pago Pago Harbor,
American Samoa.’’ In the NPRM we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to this canoe
race event. During the comment period
that ended February 17, 2017, we
received no comments.
This event will consist of a series of
three single race days within Pago Pago
Harbor each November and one race day
in April. The event will include 50
longboats with paddling crews of 30–50
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persons each. It is anticipated that a
large number of spectator pleasure craft
will be drawn to the event. Spectator
vessels and commercial vessel traffic
would pose a significant safety hazard
to the longboats, longboat crew
members, and other persons and vessels
involved with the event due to the
longboats limited maneuverability
within the port. Traditionally, the event
is held on Fridays, Saturdays, or holiday
week days, pending when Veteran’s Day
falls each year, and are dependent on
local weather; both factors will dictate
the event days each year.
III. Legal Authority and Need for Rule
The Captain of the Port, Honolulu
(COTP), is establishing a permanent
special local regulation to minimize
vessel traffic in Pago Pago Harbor
before, during, and after the scheduled
event to safeguard persons and vessels
during the longboat races. A regulated
area is a water area, shore area, or water
and shore area, for safety or
environmental purposes, of which
access is limited to authorized persons,
vehicles, or vessels. The statutory basis
for this rulemaking is 33 U.S.C. 1233,
which gives the Coast Guard, under a
delegation from the Secretary of the
Department of Homeland Security,
regulatory authority to enforce the Ports
and Waterways Safety Act.
The Captain of the Port Honolulu has
determined that potential safety hazards
exist to the longboats, longboat crew
members, and other persons and vessels
involved with the event due to the
longboats limited maneuverability
within the port and large amount of
spectator vessels and commercial traffic
drawn to the event. The purpose of this
rule is to ensure safety of vessels and
navigable waters in the safety zone
before, during, and after the event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
January 18, 2017. However, after the
NPRM period, Coast Guard was notified
by the event sponsor that an additional
event occurs on April 17 annually in
celebration of American Samoa’s Flag
Day. The Coast Guard is amending this
regulation to include this event.
This rule will create a permanent
special local regulation in Pago Pago
Harbor. The regulated area will close the
harbor to all vessels not authorized by
the COTP for entry into, transiting, or
anchoring within the port for the
duration of the event. The COTP will
authorize registered participants,
support vessels, and enforcement
vessels to enter and remain in the area.
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No other vessels will be permitted to
enter the regulated area without
obtaining permission from the COTP or
a designated representative. The harbor
will remain closed until the Coast Guard
issues an ‘‘All Clear’’ after races have
concluded and the harbor is deemed
safe for normal operations. This rule
will not require any vessel already
moored to evacuate the port, provided
they are moored in such a way that they
do not interfere with the event.
The COTP will use all appropriate
means to notify the public when the
special local regulation in this rule will
be enforced. Such means may include
publication in the Federal Register a
Notice of Enforcement, Broadcast Notice
to Mariners, and Local Notice to
Mariners. The regulatory text appears at
the end of this document.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the Special Local
Regulation. Vessel traffic will be able to
safety transit through the event with
prior coordination and approval by the
Coast Guard Captain of the Port, or
designated representative. Furthermore,
the annual events occur during times of
the year when commercial vessel traffic
is normally low. Moreover, The Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the regulation.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
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small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received zero
comments from the Small Business
Administration on this rulemaking. The
Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit through the
regulated area may be small entities, for
the reasons stated in section V.A above,
this rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
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have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969(42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary and limited safety zone in
Pago Pago Harbor. It is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of
Commandant Instruction M16475.lD. It
is categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
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44931
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
■
2. Add § 100.1401 to read as follows:
§ 100.1401 Special Local Regulation;
Fautasi Ocean Challenge Canoe Race, Pago
Pago Harbor, America Samoa.
(a) Location. The following regulated
area is established as a special local
regulation: Breakers Point (eastern edge
of Pago Pago Harbor entrance) thence
southeast to 14°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
coastline encompassing Pago Pago
Harbor. This regulated area extends
from the surface of the water to the
ocean floor.
(b) Effective period. These annual
events occur on four separate dates to
include: April 17; and three days to
include Friday, Saturday or a holiday
weekday, in November between the
week of Veteran’s Day and the
Thanksgiving weekend, lasting between
7 a.m. to 4 p.m. each day. The Captain
of the Port Honolulu will establish
specific enforcement dates that will be
announced in advance by Notice of
Enforcement, Local Notice to Mariners,
Broadcast Notice to Mariners, and prior
event outreach, including local
advertisement and on-scene designated
representatives prior to and during the
event.
(c) Regulations. (1) All persons and
vessels not registered with the sponsor
as participants or support/enforcement
vessels are considered spectators. The
‘‘support/enforcement vessels’’ consist
of any territory or local law enforcement
vessels and sponsor-provided vessels
assigned or approved by the Captain of
the Port Honolulu to patrol the
regulated area.
(2) No spectator shall anchor, block,
loiter or impede the transit of
participants or support/enforcement
vessels in the regulated area during the
enforcement dates and times, unless
cleared for entry by or through a
support/enforcement vessel.
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(3) Spectator vessels may be moored
to a waterfront facility within the
regulated area in such a way that they
shall not interfere with the progress of
the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(d) Informational broadcasts. The
Captain of the Port Honolulu will
establish enforcement dates and times
with a Notice of Enforcement. If
circumstances render enforcement of
the regulated area unnecessary for the
entirety of these periods, the Captain of
the Port or his designated representative
will inform the public through
broadcast notices to mariners that the
regulated area is no longer being
enforced. The harbor will remain closed
until the Coast Guard issues an ‘‘All
Clear’’ for the harbor after the race has
concluded and the harbor is deemed
safe for normal operations.
(e) Penalties. Vessels or persons
violating this rule may be subject to the
penalties set forth in 33 U.S.C. 1233.
Dated: September 21, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the
Port Honolulu.
[FR Doc. 2017–20664 Filed 9–26–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0408; FRL–9968–20–
Region 3]
Air Plan Approval; Delaware; State
Implementation Plan for Interstate
Transport for the 2008 Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a portion of a state
implementation plan (SIP) revision
submitted by the State of Delaware. The
Clean Air Act’s (CAA) good neighbor
provision requires EPA and states to
address the interstate transport of air
pollution that affects the ability of
downwind states to attain and maintain
the national ambient air quality
standards (NAAQS). Specifically, the
good neighbor provision requires each
state in its SIP to prohibit emissions that
will significantly contribute to
nonattainment, or interfere with
maintenance, of a NAAQS in a
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SUMMARY:
VerDate Sep<11>2014
17:24 Sep 26, 2017
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downwind state. Delaware has
submitted a SIP revision that addresses
the interstate transport requirements,
among other things, for the 2008 ozone
NAAQS. EPA has determined that
Delaware’s SIP has adequate provisions
to prohibit the state from significantly
contributing to nonattainment, or
interfering with maintenance, of the
2008 ozone NAAQS in any other state.
EPA is approving Delaware’s SIP
revision submittal in regards to the good
neighbor interstate transport provision
in accordance with the requirements of
the CAA.
DATES: This rule is effective on
December 26, 2017 without further
notice, unless EPA receives adverse
written comment by October 27, 2017.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2013–0408 at https://
www.regulations.gov, or via email to
stahl.cynthia@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, (215) 814–5787, or by
email at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION: On March
27, 2013, the State of Delaware through
the Delaware Department of Natural
Resources and Environmental Control
(DNREC) submitted a revision to its SIP
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to satisfy the requirements of section
110(a)(2), including 110(a)(2)(D)(i), of
the CAA as it relates to the 2008 ozone
NAAQS.
I. Background
On March 12, 2008, EPA revised the
levels of the primary and secondary
ozone standards from 0.08 parts per
million (ppm) to 0.075 ppm (73 FR
16436). The CAA requires states to
submit, within three years after
promulgation of a new or revised
NAAQS, SIP revisions meeting the
applicable elements of sections 110(a)(1)
and (2).1 Several of these applicable
elements are delineated within section
110(a)(2)(D)(i) of the CAA. Section
110(a)(2)(D)(i) generally requires SIPs to
contain adequate provisions to prohibit
in-state emissions activities from having
certain adverse air quality effects on
neighboring states due to interstate
transport of air pollution. There are four
prongs within section 110(a)(2)(D)(i) of
the CAA; section 110(a)(2)(D)(i)(I)
contains prongs 1 and 2, while section
110(a)(2)(D)(i)(II) includes prongs 3 and
4. This direct final action addresses the
first two prongs, which are also
collectively known as the good neighbor
provision. According to the CAA’s good
neighbor provision located within
section 110(a)(2)(D)(i)(I), a state’s SIP
must contain adequate provisions to
prohibit any source or other type of
emissions activity within the state from
emitting air pollutants that ‘‘contribute
significantly to nonattainment in, or
interfere with maintenance by, any
other state with respect to any such
national primary or secondary ambient
air quality standard.’’ Under section
110(a)(2)(D)(i)(I) of the CAA, EPA gives
independent significance to the matter
of nonattainment (prong 1) and to that
of maintenance (prong 2).
II. Summary of SIP Revision
On March 27, 2013, the State of
Delaware through DNREC provided a
SIP revision submittal to satisfy the
requirements of section 110(a)(2) of the
CAA for the 2008 ozone NAAQS. In this
rulemaking action, EPA is approving
one portion of Delaware’s March 27,
2013 submittal—the portion addressing
prongs 1 and 2 of section
110(a)(2)(D)(i)(I) of the CAA. EPA
previously acted on other portions of
Delaware’s March 27, 2013 SIP
submittal for the 2008 ozone NAAQS.2
1 SIP revisions that are intended to meet the
requirements of section 110(a) of the CAA are often
referred to as infrastructure SIPs and the elements
under 110(a) are referred to as infrastructure
requirements.
2 On April 3, 2014 (79 FR 18644), EPA approved
portions of Delaware’s March 27, 2013 submittal for
E:\FR\FM\27SER1.SGM
27SER1
]]>Agencies
[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Rules and Regulations]
[Pages 44929-44932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20664]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-1041]
RIN 1625-AA08
Special Local Regulation; Fautasi Ocean Challenge Canoe Race,
Pago Pago Harbor, American Samoa
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent special local
regulation for the Fautasi Ocean Challenge canoe races in Pago Pago
Harbor, American Samoa. These annual events historically occur four
separate weekend or holiday days each year. The annual dates include
one day in April and three separate days between Veteran's Day and the
Thanksgiving holiday weekend. Each of the four days, canoe races are
held between 7 a.m. to 4 p.m. This action is necessary to safeguard the
participants and
[[Page 44930]]
spectators, including all crews, vessels, and persons on the water in
Pago Pago Harbor during the event. This regulation will functionally
close the port to vessel traffic during the race, but will not require
the evacuation of any vessels from the harbor. Entry into, transiting,
or anchoring in the harbor would be prohibited to all vessels not
registered with the sponsor as participants or not part of the race
patrol, unless specifically authorized by the Captain of the Port
(COTP) Honolulu or a designated representative. Vessels who are already
moored or anchored in the harbor seeking permission to remain there
shall request permission from the COTP unless deemed a spectator vessel
that is moored to a waterfront facility within the regulated area. The
area concerned for this permanent special local regulation is described
below.
DATES: This rule is effective October 27, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-1041 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander John Bannon, Waterways Management
Division, U.S. Coast Guard Sector Honolulu; telephone (808) 541-4359,
email john.e.bannon@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 18, 2017, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) in the Federal Register (82 FR 5480) entitled
``Special Local Regulation; Pago Pago Harbor, American Samoa.'' In the
NPRM we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this canoe race event. During the
comment period that ended February 17, 2017, we received no comments.
This event will consist of a series of three single race days
within Pago Pago Harbor each November and one race day in April. The
event will include 50 longboats with paddling crews of 30-50 persons
each. It is anticipated that a large number of spectator pleasure craft
will be drawn to the event. Spectator vessels and commercial vessel
traffic would pose a significant safety hazard to the longboats,
longboat crew members, and other persons and vessels involved with the
event due to the longboats limited maneuverability within the port.
Traditionally, the event is held on Fridays, Saturdays, or holiday week
days, pending when Veteran's Day falls each year, and are dependent on
local weather; both factors will dictate the event days each year.
III. Legal Authority and Need for Rule
The Captain of the Port, Honolulu (COTP), is establishing a
permanent special local regulation to minimize vessel traffic in Pago
Pago Harbor before, during, and after the scheduled event to safeguard
persons and vessels during the longboat races. A regulated area is a
water area, shore area, or water and shore area, for safety or
environmental purposes, of which access is limited to authorized
persons, vehicles, or vessels. The statutory basis for this rulemaking
is 33 U.S.C. 1233, which gives the Coast Guard, under a delegation from
the Secretary of the Department of Homeland Security, regulatory
authority to enforce the Ports and Waterways Safety Act.
The Captain of the Port Honolulu has determined that potential
safety hazards exist to the longboats, longboat crew members, and other
persons and vessels involved with the event due to the longboats
limited maneuverability within the port and large amount of spectator
vessels and commercial traffic drawn to the event. The purpose of this
rule is to ensure safety of vessels and navigable waters in the safety
zone before, during, and after the event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
January 18, 2017. However, after the NPRM period, Coast Guard was
notified by the event sponsor that an additional event occurs on April
17 annually in celebration of American Samoa's Flag Day. The Coast
Guard is amending this regulation to include this event.
This rule will create a permanent special local regulation in Pago
Pago Harbor. The regulated area will close the harbor to all vessels
not authorized by the COTP for entry into, transiting, or anchoring
within the port for the duration of the event. The COTP will authorize
registered participants, support vessels, and enforcement vessels to
enter and remain in the area. No other vessels will be permitted to
enter the regulated area without obtaining permission from the COTP or
a designated representative. The harbor will remain closed until the
Coast Guard issues an ``All Clear'' after races have concluded and the
harbor is deemed safe for normal operations. This rule will not require
any vessel already moored to evacuate the port, provided they are
moored in such a way that they do not interfere with the event.
The COTP will use all appropriate means to notify the public when
the special local regulation in this rule will be enforced. Such means
may include publication in the Federal Register a Notice of
Enforcement, Broadcast Notice to Mariners, and Local Notice to
Mariners. The regulatory text appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the Special Local Regulation.
Vessel traffic will be able to safety transit through the event with
prior coordination and approval by the Coast Guard Captain of the Port,
or designated representative. Furthermore, the annual events occur
during times of the year when commercial vessel traffic is normally
low. Moreover, The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulation.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on
[[Page 44931]]
small entities during rulemaking. The term ``small entities'' comprises
small businesses, not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000. The
Coast Guard received zero comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit
through the regulated area may be small entities, for the reasons
stated in section V.A above, this rule will not have a significant
economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a temporary and limited safety zone in Pago Pago Harbor.
It is categorically excluded from further review under paragraph 34(h)
of Figure 2-1 of Commandant Instruction M16475.lD. It is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.1401 to read as follows:
Sec. 100.1401 Special Local Regulation; Fautasi Ocean Challenge Canoe
Race, Pago Pago Harbor, America Samoa.
(a) Location. The following regulated area is established as a
special local regulation: Breakers Point (eastern edge of Pago Pago
Harbor entrance) thence southeast to 14[deg]18'47'' S.,
170[deg]38'54.5'' W. thence southwest to 14[deg]19'03'' S., 170[deg]
39'14'' W., thence northwest to Tulutulu Point and then following the
coastline encompassing Pago Pago Harbor. This regulated area extends
from the surface of the water to the ocean floor.
(b) Effective period. These annual events occur on four separate
dates to include: April 17; and three days to include Friday, Saturday
or a holiday weekday, in November between the week of Veteran's Day and
the Thanksgiving weekend, lasting between 7 a.m. to 4 p.m. each day.
The Captain of the Port Honolulu will establish specific enforcement
dates that will be announced in advance by Notice of Enforcement, Local
Notice to Mariners, Broadcast Notice to Mariners, and prior event
outreach, including local advertisement and on-scene designated
representatives prior to and during the event.
(c) Regulations. (1) All persons and vessels not registered with
the sponsor as participants or support/enforcement vessels are
considered spectators. The ``support/enforcement vessels'' consist of
any territory or local law enforcement vessels and sponsor-provided
vessels assigned or approved by the Captain of the Port Honolulu to
patrol the regulated area.
(2) No spectator shall anchor, block, loiter or impede the transit
of participants or support/enforcement vessels in the regulated area
during the enforcement dates and times, unless cleared for entry by or
through a support/enforcement vessel.
[[Page 44932]]
(3) Spectator vessels may be moored to a waterfront facility within
the regulated area in such a way that they shall not interfere with the
progress of the event. Such mooring must be complete at least 30
minutes prior to the establishment of the regulated area and remain
moored through the duration of the event.
(d) Informational broadcasts. The Captain of the Port Honolulu will
establish enforcement dates and times with a Notice of Enforcement. If
circumstances render enforcement of the regulated area unnecessary for
the entirety of these periods, the Captain of the Port or his
designated representative will inform the public through broadcast
notices to mariners that the regulated area is no longer being
enforced. The harbor will remain closed until the Coast Guard issues an
``All Clear'' for the harbor after the race has concluded and the
harbor is deemed safe for normal operations.
(e) Penalties. Vessels or persons violating this rule may be
subject to the penalties set forth in 33 U.S.C. 1233.
Dated: September 21, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-20664 Filed 9-26-17; 8:45 am]
BILLING CODE 9110-04-P
