[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Rules and Regulations]
[Pages 52381-52383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13747]
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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: Final rule.
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SUMMARY: The Coast Guard is amending its regulations for annual marine
events in the Sector Houston-Galveston area of responsibility. This
rulemaking will 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.
DATES: This rule is effective June 24, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0207 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 about this rule,
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 Information and Regulatory History
On March 4, 2024, an organization notified the Coast Guard that it
will be conducting an 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. In response, on May 14, 2024,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
Special Local regulation; Clear Lake, Clear Creek, TX (89 FR 41914).
There we stated why we issued the NPRM and invited comments on our
proposed regulatory action related to this boat race. During the
comment period that ended June 13, 2024, we received 1 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 is impracticable because immediate action is needed to
respond to the potential safety hazards associated with the power boat
race being held on June 21, 2024.
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 Houston-Galveston (COTP) has determined
that potential hazards associated with the power boat race 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 Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published May
14, 2024. However, the concerns were unrelated to the proposed
revisions and outside the scope of Coast Guard authority. There are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
The COTP is establishing 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 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 will 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.
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).
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This regulatory action determination is based on the size,
location, duration and time of day of the regulated area. Vessel
traffic will be able to safely transit around this safety zone which
will impact a small, designated area of Clear Lake for 4 hours during
the morning when vessel traffic is normally low. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, 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 no 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 affects 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
marine event and special local regulation lasting only 4 hours that
will prohibit entry withing 100 feet of the boat course. 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
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 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.
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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 Texas Outlaw Clear Lake, TX....... All waters within 100 feet of the Pre-
June. Challenge/ Stage Zone including all waters within
Offshore the following areas 29[deg]33.13 N,
Thunder 095[deg]01.84 W, thence to 29[deg]33.12
Productions LLC. 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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Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port, Sector Houston-
Galveston.
[FR Doc. 2024-13747 Filed 6-21-24; 8:45 am]
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