[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Rules and Regulations]
[Pages 32018-32021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13160]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0240]
RIN 1625-AA00


Safety Zone; Kemah Boardwalk Summer Season Fireworks, Galveston 
Bay, Kemah, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the specified waters in Galveston Bay in the vicinity of Kemah, Texas 
within a 1000' radius around a fireworks barge. The safety zone is 
necessary to aid in the safety of mariners viewing the Kemah Boardwalk 
Summer Season Fireworks. During periods of enforcement, entry into the 
zone will not be permitted except as specifically authorized by the 
Captain of the Port Houston-Galveston or a designated representative.

DATES: This rule is effective from 8:30 p.m. on June 1, 2012 until 1 
a.m. on January 1, 2013.

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ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0240]. 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 LT Margaret Brown, Sector Houston-Galveston Waterways 
Management Branch, U.S. Coast Guard; telephone (713) 678-9001, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Delaying the effective date by first 
publishing an NPRM would be contrary to the safety zone's intended 
objective since immediate action is needed to protect person's and 
vessels against the hazards associated with fireworks displays on 
navigable waters. Such hazards include premature detonations, dangerous 
detonations, dangerous projectiles and falling or burning debris.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register. For firework 
displays occurring without a full 30 days notice, it would be 
impracticable to interfere with the fireworks displays or delay the 
immediate action needed to protect mariners viewing the fireworks 
displays. This rulemaking provides 30 days notice for firework displays 
occurring after July 2, 2012.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1266, 1231, 46 U.S.C. Chapter 701, 3306, 3703; 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; and Department of Homeland Security Delegation No. 0170.1, 
which collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    The Kemah Boardwalk Summer Season Fireworks will feature fireworks 
being launched from a barge. It has been determined that a safety zone 
is necessary to keep recreational vessels clear of any potential 
hazards associated with the launching of fireworks.
    This temporary safety zone provides protection for persons and 
property, including spectators, persons working the displays, and 
others that may be in the area during enforcement periods of this 
temporary safety zone, from the hazards associated with fireworks 
displays on or over the waterway.

C. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone in 
Galveston Bay in the vicinity of Kemah, Texas within a 1000' radius 
around a fireworks barge located at approximate Latitude 29[deg]32'57'' 
N, Longitude 095[deg]00'31'' W. Entry into the zone will not be 
permitted except as specifically authorized by the Captain of the Port 
Houston-Galveston or a designated representative. They may be contacted 
at ``Sector Houston-Galveston'' on VHF-FM Channels 16, or by phone at 
(713) 671-5113. Requests to enter into and/or pass through the safety 
zone will be reviewed on a case-by-case basis.
    The temporary safety zone will be enforced during the following 
dates and times: from 8:30 p.m. until 11:30 p.m. on June 1, 8, 15, 22, 
and 29, 2012; July 4, 6, 13, 20, and 27, 2012; November 3, 2012; and 
from 9 p.m. on December 31, 2012 until 1 a.m. on January 1, 2013. 
Notifications of changes in enforcement periods will be made through 
broadcast notice to mariners.

D. 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 or executive orders.
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. This regulation is not a 
significant regulatory action because enforcements of the safety zone 
will only be in effect for a brief period of time. Notifications to the 
marine community will be made through broadcast notice to mariners and 
electronic mail. The safety zone will only affect recreational vessels 
and deviation from the restrictions may be requested from the COTP or 
designated representative and will be considered on a case-by-case 
basis. The impacts on routine navigation are expected to be minimal.
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 recreational vessels 
intending to transit or anchor in a portion of the Clear Creek/Kemah 
Channel from 8:30 p.m. until 11:30 p.m. on June 1, 8, 15, 22, and 29, 
2012; July 4, 6, 13, 20, and 27, 2012; November 3, 2012; and from 9 
p.m. on December 31, 2012 until 1 a.m. on January 1, 2013.
    The impact would not be significant to small entities as each 
safety zone will only affect recreational vessels transiting the Clear 
Creek/Kemah Channel for a short period of time. Before activation of 
the zone, broadcast notices to mariners will be issued to users of the 
channel.
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,

[[Page 32020]]

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 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 establishment of a safety zone for 
the protection of human life. 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, 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, 3306, 3703; 50 
U.S.C. 191; 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. A new temporary Sec.  165.T08-0240 is added to read as follows:


Sec.  165.T08-0240  Safety Zone; Kemah Boardwalk Summer Season 
Fireworks, Galveston Bay, Kemah, TX.

    (a) Location. The following area is a safety zone: Galveston Bay 
within a 1000' radius around a fireworks barge located at approximate 
Latitude 29[deg]32'57'' N, Longitude 095[deg]00'31'' W.
    (b) Enforcement dates. The temporary safety zone will be enforced 
during the following dates and times: From 8:30 p.m. until 11:30 p.m. 
on June 1, 8, 15, 22, and 29, 2012; July 4, 6, 13, 20, and 27, 2012; 
November 3, 2012; and from 9 p.m. on December 31, 2012 until 1 a.m. on 
January 1, 2013. Notifications of changes in enforcement periods will 
be made through broadcast notice to mariners.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Houston-Galveston.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Houston-
Galveston, or a designated representative. They may be contacted at 
``Sector Houston-Galveston'' on VHF-FM Channels 16, or by phone at 
(713) 671-5113. Requests to enter into and/or pass through the safety 
zone will be reviewed on a case-by-case basis. All persons and vessels 
shall comply with the instructions of the Captain of the Port Houston-
Galveston

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and designated on-scene U.S. Coast Guard patrol personnel. On-scene 
U.S. Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the U.S. Coast Guard.
    (d) Informational Broadcasts. Notifications of changes in 
enforcement periods and changes to the safety zone will be made through 
broadcast notice to mariners.

    Dated: May 9, 2012.
James H. Whitehead,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2012-13160 Filed 5-30-12; 8:45 am]
BILLING CODE 9110-04-P