[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Rules and Regulations]
[Pages 60569-60571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16342]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0359]
RIN 1625-AA08


Special Local Regulation; San Jacinto River, Houston, TX

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation to 
provide for the safety of life on certain waters of the San Jacinto 
River, in Houston, TX. This regulation will be enforced during a high-
speed boat race every third weekend in July. This regulation prohibits 
persons and vessels from being in the regulated areas unless authorized 
by the Captain of the Port Houston-Galveston or designated Coast Guard 
Patrol Commander.

DATES: This rule is effective without actual notice from July 26, 2024. 
For the purposes of enforcement, actual notice will be used from July 
20, 2024, until July 26, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0359 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 
rulemaking, call or email Lieutenant Rudy Ortega, 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
COTP Captain of the Port Houston-Galveston
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 April 18, 2024, an organization notified the Coast Guard that it 
will be conducting an annual high speed boat race every third weekend 
in July in the navigable waters of San Jacinto River, Houston, 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 June 3, 2024, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Special Local regulation; San Jacinto 
River, Houston, TX (89 FR 55131). There we stated why we issued the 
NPRM and invited comments on our proposed regulatory action related to 
this boat race. During the comment

[[Page 60570]]

period that ended July 18, 2024, we received 4 comments.
    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 July 20 and July 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 COTP has determined that potential hazards associated with 
the power boat race in San Jacinto River, Houston, 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 four comments on our NPRM published 
July 3, 2024. One concern was related to environmental impact. However, 
during the environmental review it was determined that this event had 
minimal to no impact to the environment. The remaining comments raised 
concerns that are unrelated to the regulation 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 that will be 
enforced annually the third Saturday and Sunday of July. Annual notice 
of the exact dates and times of the effective period with respect to 
the event, the geographical area, and additional details, as needed, 
concerning the event will be published in local notices to mariners. 
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 is the pre-staging area for participating 
vessels to line up. It will include all waters within 150 ft of 
29[deg]53'29.0148'' N, 095[deg]06'39.4416'' W.
    Approach Zone: 200 ft 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]53'27.3'' N, 
95[deg]06'42.6'' W and end at approximately 29[deg]53'27.6'' N, 
95[deg]06'40.0'' W.
    Course Run Zone: 600 ft distance where participating vessels will 
conduct their high-speed run. This will be a straight line to begin at 
approximately 29[deg]53'27.6'' N, 95[deg]06'40.0'' W and end at 
approximately 29[deg]53'30.0'' N, 95[deg]06'34.7'' W.
    Shut-Down Zone: 900 ft 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]53'30.0'' N, 95[deg]06'34.7'' W 
and end at approximately 29[deg]53'34.3'' N, 95[deg]06'24.1'' 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 monitoring the spectator zone 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]53'29.4'' N, 95[deg]06'39.8'' W, thence to 
29[deg]53'28.5'' N, 95[deg]06'39.6'' W, thence to 29[deg]53'29.7'' N, 
95[deg]06'36.9'' W, thence to 29[deg]53'30.4'' N, 95[deg]06'37.2'' W.
    No vessel or person will be permitted to enter the established 
zones without obtaining permission from the COTP, designated Coast 
Guard Patrol Commander, 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, the 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 this special local regulation. 
Vessel traffic will be able to safely transit around this safety zone, 
which would impact a small, designated area of the San Jacinto River, 
for a short duration, when vessel traffic is normally low. Moreover, 
the Coast Guard would issue a Broadcast Notice to Mariners about the 
zone via VHF-FM marine channel 16, 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 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

[[Page 60571]]

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 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 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 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 rule would not result 
in such an expenditure, we do discuss the potential 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 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 
rule involves a marine event and special local regulation lasting only 
9 hours that would prohibit entry within 150 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.

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 8 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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                                                  * * * * * * *
8. 3rd Saturday and Sunday of      Shootout on the San   San Jacinto River,   All waters within 150 feet of the
 July.                              Jac Boat Race.        Houston, TX.         following area:
                                                                               29[deg]53'29.0148'' N,
                                                                               095[deg]06'39.4416'' W; the
                                                                               Approach Zone comprised of a
                                                                               straight line to begin at
                                                                               approximately 29[deg]53'27.3'' N,
                                                                               95[deg]06'42.6'' W and end at
                                                                               approximately 29[deg]53'27.6'' N,
                                                                               95[deg]06'40.0'' W; the Course
                                                                               Run Zone comprised of a straight
                                                                               line to begin at approximately
                                                                               29[deg]53'27.6'' N,
                                                                               95[deg]06'40.0'' W and end at
                                                                               approximately 29[deg]53'30.0'' N,
                                                                               95[deg]06'34.7'' W; the Shut-Down
                                                                               Zone comprised of a straight line
                                                                               to begin at approximately
                                                                               29[deg]53'30.0'' N,
                                                                               95[deg]06'34.7'' W and end at
                                                                               approximately 29[deg]53'34.3'' N,
                                                                               95[deg]06'24.1'' W; and the
                                                                               Spectator Zone located within the
                                                                               following coordinates;
                                                                               29[deg]53'29.4'' N,
                                                                               95[deg]06'39.8'' W, thence to
                                                                               29[deg]53'28.5'' N,
                                                                               95[deg]06'39.6'' W, thence to
                                                                               29[deg]53'29.7'' N,
                                                                               95[deg]06'36.9'' W, thence to
                                                                               29[deg]53'30.4'' N,
                                                                               95[deg]06'37.2'' W.
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Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-16342 Filed 7-25-24; 8:45 am]
BILLING CODE 9110-04-P