[Federal Register Volume 89, Number 58 (Monday, March 25, 2024)]
[Proposed Rules]
[Pages 20577-20579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06244]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0177]
RIN 1625-AA08


Special Local Regulation; Red River, Shreveport, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special 
local regulation (SLR) for certain navigable waters of the Red River. 
This action is necessary to provide for the safety of life on these 
navigable waters near Shreveport, Louisiana, during high-speed 
powerboat races from May 24, 2024 through May 26, 2024. This proposed 
rulemaking would prohibit persons and vessels from being in the 
regulated unless authorized by the Captain of the Port Sector Lower 
Mississippi River 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 April 9, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0177 using the Federal Decision-Making 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. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MSTC Lindsey Swindle, Waterways 
Management, U.S. Coast Guard; telephone 571-610-4197, email 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 20578]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
SLR Special Local Regulation
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On December 8, 2023, an organization notified the Coast Guard that 
it will be conducting high-speed powerboat races from 6 a.m. through 6 
p.m. from May 24, 2024, through May 26, 2024. The races will take place 
between mile marker 228.1 and mile marker 228.8 on the Red River, 
Shreveport, LA, and involve approximately 55 powerboats ranging from 14 
to 18 feet in length. No spectator craft will be allowed in the 
regulated area. The Captain of the Port Sector Lower Mississippi River 
(COTP) has determined that potential hazards associated with the high-
speed powerboat race would be a safety concern for participants, 
participant vessels, and general public.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters. 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 SLR from 6 a.m. through 6 p.m. 
each day on May 24, 2024 through May 26, 2024. The SLR would cover all 
navigable waters from mile marker 228.1 to mile marker 228.8 on the Red 
River, Shreveport, LA. The duration of the zone is intended to ensure 
the protection of personnel, vessels, and the marine environment during 
this event. The proposed regulation would prohibit all persons and 
vessels, except those persons and vessels participating in the race, 
from entering, transiting through, anchoring in, or remaining within 
the area, unless authorized by the COTP or a designated representative. 
The Coast Guard will provide notice of the SLR and contact information 
by a Broadcast Notice to Mariners, and on-scene designated 
representatives. The regulatory text we are proposing appears at the 
end of this document.

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. This NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation, 
which will impact mile marker 228.1 to mile marker 228.8 on the Red 
River for 12 hours each day. Moreover, the Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
regulated area, breaks in the racing will provide vessels opportunity 
to transit, and the rule allows 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.
    While some owners or operators of vessels intending to transit the 
regulated area 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 proposed 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 proposed 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. 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 call or email 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 potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1,

[[Page 20579]]

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 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 approximately 12 hours on 
three separate days that will prohibit entry of persons or vessels 
during the Red River Rumble F1 Powerboat Showdown high-speed powerboat 
races. 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. 1. A preliminary 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. 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 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.

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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0177 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 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. Add Sec.  100.T08-0177 to read as follows:


Sec.  100.T08-0177  Red River Rumble F1 Powerboat Showdown, Shreveport, 
LA.

    (a) Regulated area. The regulations in this section apply to the 
following area: A special local regulation is established to encompass 
all waters of the Red River from mile marker 228.1 to mile marker 
228.8.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Lower Mississippi 
River (COTP) in the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event 
sponsor as a participant in the race.
    Spectator means all persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the COTP or their designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by 314-269-2332. Those in the regulated area must comply 
with all lawful orders or directions given to them by the COTP or the 
designated representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via Broadcast Notice to Mariners and by on-scene 
designated representatives.
    (d) Enforcement period[s]. ``This section will be enforced each day 
from 6 a.m. to 6 p.m. each day from May 24, 2024, through May 26, 2024.

    Dated: March 20, 2024.
Kristi L. Bernstein,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi 
River.
[FR Doc. 2024-06244 Filed 3-22-24; 8:45 am]
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