[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]



[[Page 52381]]

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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]
BILLING CODE 9110-04-P