[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Proposed Rules]
[Pages 63331-63334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17144]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0503]
RIN 1625-AA00


Safety Zone; Upper Galveston Bay, Kemah, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to update the location and 
description of a safety zone, and add two annually recurring dates, for 
events at the Kemah Board Walk Fireworks Display, in the Upper 
Galveston Bay in Kemah, Texas. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the fireworks show. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port, Sector Houston-Galveston, or a designated representative. The 
purpose of this safety zone is to ensure no members of the public will 
be within the fallout radius from the fireworks show taking place, this 
will reduce the probability of any injuries or damage due to the 
inherent danger of launching fireworks from a barge. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 20, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0503 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 Marine Science Technician First 
Class Christopher C. Morgan, Sector Houston-Galveston Waterways 
Management

[[Page 63332]]

Division; 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

    The Coast Guard was informed that an organization will be 
conducting a fireworks display, annually, during the first week in 
September and on December 31. The fireworks will be launched from a 
barge in the Upper Galveston Bay approximately 1000 feet East of the 
Kemah Boardwalk in Kemah, TX. Hazards from firework displays include 
accidental discharge of fireworks, dangerous projectiles, and falling 
hot embers or other debris. The Captain of the Port Sector Houston-
Galveston (COTP) has determined that potential hazards associated with 
the fireworks to be used in this display would be a safety concern for 
anyone within an 850-foot radius of the barge. This proposed rule would 
amend 33 CFR 165.801 by adding the September and December 31 dates, as 
well update location information, for the safety zone identified in 
TABLE 3 of 33 CFR 165.801, line 3.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within an 850-foot radius of the fireworks 
barge before, during, and after the recurring events. The Coast Guard 
is proposing this rulemaking under authority in 46 U.S.C. 70034.
    The Coast Guard is requesting that interested parties provide 
comments within a shortened comment period of 15 days instead of the 
typical 30 days for this notice of proposed rulemaking. The Coast Guard 
believes the 15-day comment period still provides for a reasonable 
amount of time for interested parties to review the proposal and 
provide informed comments on it while also ensuring the Coast Guard has 
time to review and respond to any significant comments and has a final 
rule in effect in time for the scheduled event to protect against the 
identified hazards.
    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 update location information of a recurring 
safety zone and add two annually recurring event dates, one during the 
first week of September and another on December 31. The safety zone 
would cover all navigable waters within 850 feet of a barge in the 
Upper Galveston Bay located approximately 1000 feet east of Kemah 
Boardwalk in Kemah, TX. The safety zone is intended to ensure the 
safety of vessels and persons on these navigable waters during the 
scheduled fireworks displays. No vessel or person would be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. If permission is granted, all persons and 
vessels must comply with the instructions of the COTP or designated 
representative. Designated representatives include commissioned, 
warrant, and petty officers of the U.S. Coast Guard. 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, 
duration, and location of the safety zone. The safety zone will last 
during the scheduled fireworks events and covers an 850-foot radius of 
navigable waters of Upper Galveston Bay, TX. The zone does not 
completely restrict vessel traffic and allows mariners to ask for 
permission to enter the safety zone via VHF radio or contacting the 
Command Center. The COTP or a designated representative will inform the 
public through broadcast notices to mariners of the enforcement period 
for the safety zone as well as any changes in the planned schedule.

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.
    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

[[Page 63333]]

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 two safety 
zones lasting approximately 2 hours that would prohibit entry without 
permission within 850 feet of a fireworks barge. Normally such actions 
are categorically excluded from further review under paragraph L[60a] 
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 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-2024-0503 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 165

    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 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. In Sec.  165.801, amend Table 3, by revising item 3 to read as 
follows:


Sec.  165.801  Annual fireworks displays and other events in the Eighth 
Coast Guard District requiring safety zones.

* * * * *

              Table 3 of Sec.   165.801--Sector Houston-Galveston Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                              Sector Houston- Galveston
               Date                      Sponsor/name                 location                  Safety zone
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
3. July 4th; every Friday night in  Kemah Boardwalk        Kemah, TX.....................  The area within an
 June and July; first week of        Fireworks Display,                                     850-foot radius of
 September; December 31.             Kemah, TX.                                             the fireworks barge
                                                                                            located on the south
                                                                                            side of Clear Creek
                                                                                            Channel, 1000 feet
                                                                                            east of Kemah
                                                                                            Boardwalk in Kemah,
                                                                                            TX.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



[[Page 63334]]

    Dated: July 30, 2024.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Alternate Captain of the Port Sector 
Houston-Galveston.
[FR Doc. 2024-17144 Filed 8-2-24; 8:45 am]
BILLING CODE 9110-04-P