[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Rules and Regulations]
[Pages 72327-72329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19908]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0766]
RIN 1625-AA08


Special Local Regulation; Galveston Channel, Galveston, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
navigable waters within the Galveston Ship Channel. The special local 
regulation is needed to safely align and navigate vessels for the 
Texian Navy Day Parade. Entry of non-participants into the pre-staging 
and parade transit zones is prohibited unless specifically authorized 
by the Captain of the Port, Sector Houston-Galveston (COTP). Those in 
the regulated area must comply with all lawful orders or directions 
given to them by the COTP or the designated representative.

DATES: This rule is effective from 8 a.m. to 1 p.m. on September 21, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0766 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 Ignacio J. Fern[aacute]ndez-Cuervo, Marine 
Safety Unit Texas City, Waterways Management Division, U.S. Coast 
Guard; telephone (281) 309-1617, 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

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because the final rule 
would not be completed prior to the event start date. Failure to 
establish these regulated areas would create a hazard to navigation for 
vessels transiting through the Galveston Channel during the event. It 
is impracticable to publish an NPRM because we must establish the 
regulated areas by September 21, 2024.
    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 would be impracticable because prompt action is needed to 
ensure vessel traffic safety on the day of the event.

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 Sector Houston-Galveston (COTP) has 
determined that potential hazards associated with the boat parade on 
September 21, 2024 will be a safety concern for anyone within a 200-
yard radius of the parade in the Galveston Channel. This rule is needed 
to protect personnel, vessels, and the marine environment in the 
navigable waters within the regulated areas while the parade is 
ongoing.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 8 a.m. to 1 
p.m. on September 21, 2024. The special local regulation will encompass 
three zones to include a Pre-Staging Zone, Spectator Zone, and Parade 
Transit Zone as described below:
    Pre-Staging Zone: This area is the pre-staging area for 
participating vessels to line up. It will include all waters within a 
200-yard radius of 29[deg]20'23'' N, 094[deg]46'37'' 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 parade transit. The following coordinates are the 
approximate location of the Spectator Zone: 29[deg]19'17'' N, 
094[deg]46'36'' W, thence to 29[deg]19'37'' N, 094[deg]46'53'' W, and 
both points connecting to the eastern shore.
    Parade Transit Zone: This area is exclusive to vessels 
participating in the parade. It will include all waters within the 
following areas: 29[deg]19'07.02'' N, 094[deg]47'10.98'' W, thence to 
29[deg]18'55.43'' N, 094[deg]47'04.23'' W, thence to 29[deg]20'29.45'' 
N, 094[deg]46'14.18'' W, thence to 29[deg]20'32.68'' N, 
094[deg]46'29.94'' W, and along the shore line back to the beginning 
point.
    All non-participants will be prohibited from entering the 
established pre-staging and parade transit zones

[[Page 72328]]

without obtaining permission from the on-water Safety Officer or 
designated representative. To seek permission to enter, contact the 
COTP or the COTP's representative by VHF Radio Channel 12. Those in the 
regulated area must comply with all lawful orders or directions given 
to them by the COTP or the 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).
    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 the regulated 
areas which would impact a small, designated area of the Galveston 
Channel for less than five hours. The Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule will allow vessels to seek permission to enter the 
regulated areas.

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 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 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.
    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 five hours that 
will prohibit entry within 200 yards of the vessel staging area, parade 
transit zone and designate a vessel spectator zone. 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:

[[Page 72329]]

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. Add Sec.  100.T08-0766 to read as follows:


Sec.  100.T08-0766  Texian Navy Boat Parade; Galveston Channel, 
Galveston, TX.

    (a) Regulated areas. (1) Pre-Staging Zone comprised of all waters 
of Galveston Channel surrounding 29[deg]20'23'' N, 094[deg]46'37'' W, 
from surface to bottom, in a radius 200 yards. These coordinates are 
based on chart 11330.
    (2) Spectator Zone comprised of all waters of Galveston Channel 
from surface to bottom located within the following coordinates: 
29[deg]19'17'' N, 094[deg]46'36'' W, thence to 29[deg]19'37'' N, 
094[deg]46'53'' W, and both points connecting to the eastern shore. 
These coordinates are based on chart 11330.
    (3) Parade Transit Zone comprised of all waters of Galveston 
Channel from surface to bottom located within the following 
coordinates: 29[deg]19'07.02'' N, 094[deg]47'10.98'' W, thence to 
29[deg]18'55.43'' N, 094[deg]47'04.23'' W, thence to 29[deg]20'29.45'' 
N, 094[deg]46'14.18'' W, thence to 29[deg]20'32.68'' N, 
094[deg]46'29.94'' W, and along the shore line back to the beginning 
point. These coordinates are based on chart 11330.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Houston-Galveston (COTP) in the enforcement 
of the regulations in this section.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
pre-staging and parade transit zones described in paragraph (a) of this 
section unless authorized by the COTP or their designated 
representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF Radio Channel 12. Those in the regulated area 
must comply with all lawful orders or directions given to them by the 
COTP or the designated representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via broadcast notice to mariners and by on-scene 
designated representatives.
    (d) Enforcement period. This section will be enforced from 8 a.m. 
to 1 p.m. on September 21, 2024.

    Dated: August 28, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-19908 Filed 9-4-24; 8:45 am]
BILLING CODE 9110-04-P