[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Proposed Rules]
[Pages 20602-20604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09648]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0312]
RIN 1625-AA08


Special Local Regulation; Clear Lake, Clear Creek, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local 
regulation for certain waters within Clear Lake, Clear Creek, TX. This 
action is necessary to provide safety of life on these navigable waters 
immediately before, during, and after the Texas Outlaw Challenge, a 
power boat race being held annually on the third Friday of June. This 
proposed rulemaking would prohibit persons and vessels not 
participating in the event from being within the specified zone unless 
authorized by the Captain of the Port Houston/Galveston (COTP) or a 
designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 28, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0312 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST3 Sarah Kessler, Waterways 
Management Division, U.S. Coast Guard; 281-464-4891, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On April 16, 2019, The Offshore Thunder Productions notified the 
Coast Guard that they will be hosting a power boat race from 9 to 11:30 
a.m. on June 21, 2019. This event will take place in Clear Lake. The 
COTP has determined that potential hazards associated with the power 
boat race would be a safety concern for anyone within the Pre-Stage 
Zone, Approach Zone, Course Run Zone, Shut-Down Zone, and Turn Zone.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the Pre-Stage Zone, Approach Zone, 
Course Run Zone, and Shut-Down Zone before, during, and after the 
scheduled event. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation from 
9 to 11:30 a.m. on the third Friday of June. The special local 
regulation will encompass 5 different zones to include The Pre-Stage 
Zone, Approach Zone, Course Run Zone, Shut-Down Zone, and the Spectator 
Zone as described below:

    Pre-Stage Zone: This area is the pre-staging area for 
participating vessels to line up. It will include all waters within 
the following areas 29[deg]33.13 N 095[deg]01.84 W, 29[deg]33.12 N 
095[deg]01.89 W, 29[deg]33.23 N 095[deg]01.96 W, 29[deg]33.13 N 
095[deg]01.84 W.
    Approach Zone: \1/4\ mile distance required for participating 
vessels to obtain the minimum 40mph requirement for course entry. 
This will be a straight line to begin at approximately 29[deg]33.256 
N, 095[deg]01.89 W and end at approximately 29[deg]33.33 N, 
095[deg]02.15 W.
    Course Run Zone: \3/4\ mile distance where participating vessels 
will conduct their high-speed run. This will be a straight line to 
begin at approximately 29[deg]33.33 N, 095[deg]02.16 W and end at 
approximately 29[deg]33.53 N, 095[deg]02.98 W.
    Shut-Down Zone: 1 mile distance where participating vessels will 
be allowed to slow their speeds back to an idle. This will be a 
straight line to begin at approximately 29[deg]33.53 N, 
095[deg]02.98 W and end at approximately 29[deg]33.74 N, 
095[deg]04.1 W.
    Spectator Zone: All vessels that will be viewing the event will 
be required to stay within a designated area. The sponsor is 
responsible for marking the spectator zone with 4 buoys on the outer 
corners and ensuring that all vessels within the area are anchored 
and remain in the area during all ongoing high-speed runs.

    No vessel or person would be permitted to enter the established 
zones without obtaining permission from the on-water Safety-Officer or 
designated representative.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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, and duration of the power boat race. The safety zone will 
impact a small area of Clear Lake for two and one-half hours on June 
21, 2019. The Coast Guard will issue a Broadcast notice to Mariners via 
VHF-FM marine channel 16 regarding the special local regulations, and 
the zone will allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.

[[Page 20603]]

    While some owners or operators of vessels intending to transit the 
established zones may be small entities, for the reasons stated in 
section IV.A above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves a special local regulation 
lasting two and one-half hours that would prohibit entry into the 
established zones. Normally such actions are categorically excluded 
from further review under paragraph L61 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.
    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 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:  46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Amend Sec.  100.801 by adding an entry 7 in Table 3 to read as 
follows:


Sec.  100.801   Annual Marine Events in the Eighth Coast Guard 
District.

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[[Page 20604]]



             Table 3 of Sec.   100.801--Sector Houston-Galveston Annual and Recurring Marine Events
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                                                  * * * * * * *
7. The 3rd Friday morning in June..  Texas Outlaw Challenge/ Clear Lake, TX........  Clear Lake from the
                                      Offshore Thunder                                beginning of the Pre Stage
                                      Productions.                                    Zone to the end of the
                                                                                      Shut-Down Zone.
                                                                                     Pre-Stage Zone: This area
                                                                                      is the pre-staging area
                                                                                      for participating vessels
                                                                                      to line up. It will
                                                                                      include all waters within
                                                                                      the following areas
                                                                                      29[deg]33.13 N
                                                                                      095[deg]01.84 W,
                                                                                      29[deg]33.12 N
                                                                                      095[deg]01.89 W,
                                                                                      29[deg]33.23 N
                                                                                      095[deg]01.96 W,
                                                                                      29[deg]33.13 N
                                                                                      095[deg]01.84 W.
                                                                                     Approach Zone: \1/4\ mile
                                                                                      distance required for
                                                                                      participating vessels to
                                                                                      obtain the minimum 40mph
                                                                                      requirement for course
                                                                                      entry. This will be a
                                                                                      straight line to begin at
                                                                                      approximately
                                                                                      29[deg]33.256 N,
                                                                                      095[deg]01.89 W and end at
                                                                                      approximately 29[deg]33.33
                                                                                      N, 095[deg]02.15 W.
                                                                                     Course Run Zone: \3/4\ mile
                                                                                      distance where
                                                                                      participating vessels will
                                                                                      conduct their high-speed
                                                                                      run. This will be a
                                                                                      straight line to begin at
                                                                                      approximately 29[deg]33.33
                                                                                      N, 095[deg]02.16 W and end
                                                                                      at approximately
                                                                                      29[deg]33.53 N,
                                                                                      095[deg]02.98 W.
                                                                                     Shut-Down Zone: 1 mile
                                                                                      distance where
                                                                                      participating vessels will
                                                                                      be allowed to slow their
                                                                                      speeds back to an idle.
                                                                                      This will be a straight
                                                                                      line to begin at
                                                                                      approximately 29[deg]33.53
                                                                                      N, 095[deg]02.98 W and end
                                                                                      at approximately
                                                                                      29[deg]33.74 N,
                                                                                      095[deg]04.1 W.
                                                                                     Spectator Zone: All vessels
                                                                                      that will be viewing the
                                                                                      event will be required to
                                                                                      stay within a designated
                                                                                      area. The sponsor is
                                                                                      responsible for marking
                                                                                      the spectator zone with 4
                                                                                      buoys on the outer corners
                                                                                      and ensuring that all
                                                                                      vessels within the area
                                                                                      are anchored and remain in
                                                                                      the area during all
                                                                                      ongoing high-speed runs.
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    Dated: May 3, 2019.
K. D. Oditt,
Captain, United States Coast Guard, Captain of the Port Houston/
Galveston.
[FR Doc. 2019-09648 Filed 5-9-19; 8:45 am]
 BILLING CODE 9110-04-P