[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33133-33135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13229]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0420]
RIN 1625-AA00


Safety Zone; Clear Lake, Clear Creek, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within 100 feet of the Pre-Stage Zone, Approach Zone, 
Course Run Zone and Shut-Down Zone during the Texas Outlaw Challenge in 
Clear Lake, Clear Creek, TX. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the power boat race. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port Houston-Galveston.

DATES: This rule is effective from 7 a.m. to 2 p.m. on June 25, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0420 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT James Mitard, Sector Houston-Galveston Waterways 
Management Division, U.S. Coast Guard; telephone 281-464-4780, email 
[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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 because it is impracticable. We must 
establish this special local regulation by June 25, 2021 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    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. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to respond to the potential safety hazards associated 
with the power boat race being conducted in the third largest 
recreational boating community in the nation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Houston-
Galveston (COTP) has determined that potential hazards associated with 
the power boat race on June 25, 2021 in Clear Lake, TX, will be a 
safety concern for anyone within the Pre-Stage Zone, Approach Zone, 
Course Run Zone, and Shut-Down Zone before, during, and after the 
scheduled event. This rule is needed to protect personnel, vessels, and 
the marine environment in the navigable waters within these areas 
during the power boat race.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. to 2 p.m. on June 
25, 2021. The safety zone will cover all navigable waters within 100 
feet of the different zones of the boat course to include the Pre-Stage 
Zone, Approach Zone, Course Run Zone and Shut-Down Zone. All of these 
zones along with the Spectator Zone are 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. If permission to transit the area is 
granted, the person must comply with the directions of the on-water 
Safety Officer or designated representative.

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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the

[[Page 33134]]

Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the temporary safety zone. This regulatory 
action will last seven hours and encompasses a 100 feet radius around 
the boat race path and staging area. The rest of the lake is open to 
the public to transit. Vessels and persons may seek permission to 
transit the regulated areas from the on-water Safety Officer or 
designated representative.

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 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 the 
special local regulation 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 
call or email 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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
safety zone lasting 7 hours that will prohibit entry within 100 feet of 
the boat race course. It is categorically excluded from further review 
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T08-0420 to read as follows:


Sec.  165.T08-0420   Safety Zone; Clear Lake, Clear Creek, TX

    (a) Location. The following areas of Clear Lake in Clear Creek, TX 
make up a safety zone:
    (1) Pre-stage zone. All navigable waters within 100 feet of the 
Pre-Stage Zone which includes 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;
    (2) Approach zone. Comprised of all navigable waters within 100 
feet of a straight line beginning at approximately 29[deg]33.256 N, 
095[deg]01.89 W and ending approximately 29[deg]33.33 N, 095[deg]02.15 
W;
    (3) Course run zone. Comprised of all navigable waters within 100 
ft of a straight line beginning at approximately 29[deg]33.33 N, 
095[deg]02.16 W and ending at approximately 29[deg]33.53 N, 
095[deg]02.98 W;
    (4) Shut-down zone. Comprised of all navigable waters within 100 
feet of a straight line beginning at approximately 29[deg]33.53 N, 
095[deg]02.98 W and ending at approximately 29[deg]33.74 N, 
095[deg]04.1 W;

[[Page 33135]]

    (5) Spectator zone. All vessels that will be viewing the event must 
remain anchored within a designated area during all ongoing high-speed 
runs. The sponsor is responsible for marking the spectator zone with 4 
buoys on the outer corners.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, persons and vessels are prohibited from 
entering the safety zone unless authorized by the the on-water Safety 
Officer or a designated representative. A designated representative is 
a commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Houston-
Galveston.
    (2) Persons or vessels desiring to enter into or pass through the 
zone must request permission from the on-water Safety Officer or a 
designated representative. They may be contacted on VHF radio Channel 
16.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the on-water Safety Officer or designated 
representative while navigating in the regulated area.
    (c) Enforcement period: This safety zone will be enforced from from 
7 a.m. to 2 p.m. on June 25, 2021.

J.E. Smith,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2021-13229 Filed 6-23-21; 8:45 am]
BILLING CODE 9110-04-P