[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Proposed Rules]
[Pages 41914-41916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10216]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0207]
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 amend its regulations for 
annual marine events in the Sector Houston-Galveston area of 
responsibility. This proposed rulemaking would prohibit persons and 
vessels not participating in the event from being within the specified 
zones unless authorized by the Captain of the Port Houston-Galveston 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 June 13, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0207 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 Lieutenant Junior Grade Linda I 
Duncan, Sector Houston-Galveston Waterways Management Division, U.S. 
Coast Guard; telephone 713-398-5823, 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, Purpose, and Legal Basis

    On March 4, 2024, an organization notified the Coast Guard that it 
will be conducting the 17th annual high speed boat race from 8 a.m. to 
noon on June 21, 2024. The boat race is to be held in the waters of 
Clear Lake, in Clear Creek, TX. The Captain of the Port Houston-
Galveston (COTP) has determined that potential hazards associated with 
the power boat race 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.
    The Texas Outlaw Challenge Boat Race, in Clear Lake, Clear Creek, 
TX, occurs on an annually recurring basis. Historically, the Coast 
Guard has established annual temporary final regulations for this 
marine event. This proposed rule would consistently inform the public 
in a timely manner through permanent publication in Title 33 of the 
Code of Federal Regulations. This proposed rule would add a recurring 
marine event requiring a special local regulation to TABLE 3 of 33 CFR 
100.801--Sector Houston-Galveston Annual and Recurring Marine Events. 
By establishing permanent regulations for this marine event, the Coast 
Guard would eliminate the need to establish temporary rules on an 
annual basis and thereby limit the costs associated with cumulative 
regulations. The purpose of this rulemaking is to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
Pre-Stage Zone, Approach Zone, Course Run Zone, and Shut-Down Zone 
before, during and after the annual Texas Outlaw Challenge power boat 
race in Clear Lake, TX. The Coast Guard is proposing this rulemaking 
under authority in 46 U.S.C. 70041.
    In order to allow a 30-day public comment period, the Coast Guard 
anticipates issuing a final rule with an effective date less than 30 
days after publication in the Federal Register. Should that occur, we 
will explain our good cause for doing so in that publication, as 
required by 5 U.S.C. 553(d)(3).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation from 
8 a.m. to noon on a Friday of the third week of June. The special local 
regulation will encompass five 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 thence to 29[deg]33.12 N, 
095[deg]01.89 W thence to 29[deg]33.23 N, 095[deg]01.96 W thence to 
29[deg]33.13 N, 095[deg]01.84 W.
    Approach Zone: \1/4\ mile distance required for participating 
vessels to obtain the minimum 40 mph 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

[[Page 41915]]

corners and ensuring that all vessels within the area are anchored and 
remain in the area during all ongoing high-speed runs. The following 
coordinates are the approximate location of the Spectator Zone: 
29[deg]33.15 N, 95[deg]02.34 W, thence to 29[deg]33.11 N, 95[deg]02.35 
W, thence to 29[deg]33.21 N, 95[deg]02.50 W, thence to 29[deg]33.15 N, 
95[deg]02.53 W.
    No vessel or person would be permitted to enter the established 
zones without obtaining permission from the on-water Safety-Officer or 
designated representative.
    The term ``designated representative'' means Coast Guard Patrol 
Commanders, including Coast Guard coxswains, petty officers, and other 
officers operating Coast Guard vessels, and Federal, state, and local 
officers designated by or assisting the Captain of the Port Houston-
Galveston in the enforcement of the regulated areas.
    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 safety zone. Vessel traffic 
would be able to safely transit around this safety zone which would 
impact a small, designated area of Clear Lake for 4 hours during the 
morning when vessel traffic is normally low. Moreover, the Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone, and the rule would 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.
    While some owners or operators of vessels intending to transit the 
safety zone 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, 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 marine 
event and special local regulation lasting only 4 hours that would 
prohibit entry withing 100 feet of the boat course. 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

[[Page 41916]]

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-2024-0207 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

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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. In Sec.  100.801, amend Table 3, by adding item 7 to read as 
follows:


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

* * * * *

             Table 3 of Sec.   100.801--Sector Houston-Galveston Annual and Recurring Marine Events
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                                                  * * * * * * *
7. Friday of the 3rd week of June..  Texas Outlaw Challenge/ Clear Lake, TX........  All waters within 100 feet
                                      Offshore Thunder                                of the Pre-Stage Zone
                                      Productions LLC.                                including all waters
                                                                                      within the following areas
                                                                                      29[deg]33.13 N,
                                                                                      095[deg]01.84 W, thence to
                                                                                      29[deg]33.12 N,
                                                                                      095[deg]01.89 W, thence to
                                                                                      29[deg]33.23 N,
                                                                                      095[deg]01.96 W, thence to
                                                                                      29[deg]33.13 N,
                                                                                      095[deg]01.84 W; the
                                                                                      Approach Zone comprised of
                                                                                      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; the
                                                                                      Course Run Zone comprised
                                                                                      of 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; the
                                                                                      Shut-Down Zone comprised
                                                                                      of 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; and the
                                                                                      Spectator Zone located
                                                                                      within the following
                                                                                      coordinates; 29[deg]33.15
                                                                                      N, 95[deg]02.34 W, thence
                                                                                      to 29[deg]33.11 N,
                                                                                      95[deg]02.35 W, thence to
                                                                                      29[deg]33.21 N,
                                                                                      95[deg]02.50 W, thence to
                                                                                      29[deg]33.15 N,
                                                                                      95[deg]02.53 W.
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    Dated: May 7, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-10216 Filed 5-13-24; 8:45 am]
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