[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Rules and Regulations]
[Pages 40382-40384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10267]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local

[[Page 40383]]

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 rulemaking 
prohibits persons and vessels from being in the regulated area unless 
authorized by the Captain of the Port Sector Lower Mississippi River or 
a designated representative.

DATES: This rule is effective from 6 a.m. on May 24, 2024 through 6 
p.m. on May 26, 2024.

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

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 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. each day 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. In response, on March 25, 
2024, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled Special Local Regulation: Red River, Shreveport, LA (89 FR 
20577). There we stated why we issued the NPRM and invited comments on 
our proposed regulatory action related to this fireworks display. 
During the comment period that ended April 10, 2024, we received one 
comment.
    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 impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the high-speed 
powerboat race would be a safety concern for participants, participant 
vessels, and general public.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. 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 rule is to ensure 
safety of vessels and the navigable waters in the regulated area 
before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment to our NPRM published March 
25, 2024. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM. The Coast Guard conducted a National 
Environmental Policy Act (NEPA) analysis for this marine event and 
determined not be a danger to the environment. In addition, the Coast 
Guard will monitor the event via contact with the sponsor and the 
sponsor will have adequate boat crew on-site.
    This rule establishes a temporary special local regulation from 6 
a.m. to 6 p.m. each day on May 24, 2024 through May 26, 2024. The 
temporary special local regulation will cover all navigable waters 
within from mile marker 228.1 to mile marker 228.8 in Shreveport, LA. 
The duration of the zone is intended to ensure the safety of vessels 
and these navigable waters before, during, and after the high-speed 
powerboat races. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule 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 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 the 
safety zone 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

[[Page 40384]]

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 
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. It 
is categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

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 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 periods. This section is effective from 6 a.m. on 
May 24, 2024 until 6 p.m. on May 26, 2024. This section will be subject 
to enforcement from 6 a.m. to 6 p.m. each day.

    Dated: May 6, 2024.
Kristi L. Bernstein,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi 
River.
[FR Doc. 2024-10267 Filed 5-9-24; 8:45 am]
BILLING CODE 9110-04-P