[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Rules and Regulations]
[Pages 72329-72331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19945]


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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: Final rule.

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SUMMARY: The Coast Guard is updating the location and description of a 
safety zone, and adding two annually recurring dates, for events at the 
Kemah Boardwalk 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.

DATES: This rule is effective September 5, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0503 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 Marine Science Technician First Class Christopher C. 
Morgan, Sector Houston-Galveston Waterways Management 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 Information and Regulatory History

    The Coast Guard was informed that the city of Kemah will be 
conducting an annual fireworks display during the first week in 
September and on December 31 every year. The fireworks will be launched 
from a barge in the Upper Galveston Bay approximately 1,000 feet east 
of the Kemah Boardwalk in Kemah, TX. In response, on August 5, 2024, 
the Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Upper Galveston Bay, Kemah, TX (89 FR 63331). There we 
stated why we issued the NPRM and invited comments on our proposed 
regulatory action related to this fireworks display. During the comment 
period that ended August 20, 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 prompt action is needed to respond 
to the potential safety hazards associated with the fireworks display 
during the first week in September 2024.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port, Sector Houston-Galveston (COTP) has 
determined that potential hazards associated with the fireworks to be 
used in these annual recurring fireworks displays will be a safety 
concern for anyone within an 850-foot radius of the barge. The purpose 
of this rule is to ensure safety of persons, vessels and the navigable 
waters in the safety zone before, during, and after the scheduled 
event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 1 comment on our NPRM published August 
5, 2024. There are no changes in the regulatory text of this rule from 
the proposed rule.
    The comment that was received stated ``[T]he record of 
environmental consideration has not been made available in the docket 
even though the notice states that it was. Request the CG upload the 
document and request a 30 day extension to allow public review of the 
document.'' Due to time constraints for the upcoming display, and the 
fact that this is an already established safety zone for multiple other 
displays in the area throughout the year, a 30-day extension is not 
feasible or necessary. A

[[Page 72330]]

final record of environmental consideration will be available for 
review on the docket.
    The COTP is updating the location information for a recurring 
safety zone and adding two annually recurring event dates, one during 
the first week of September and another on December 31 The safety zone 
includes all navigable waters within 850 feet of a fireworks barge in 
the Upper Galveston Bay located approximately 1,000 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 will 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 lawful instructions of the COTP or 
designated representative. Designated representatives include 
commissioned, warrant, and petty officers of the U.S. Coast Guard.

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, 
duration, and location of the safety zone. The safety zone will last 
during the scheduled fireworks events and covers an 850-foot radius 
from the fireworks barge in the navigable waters of Upper Galveston 
Bay, TX. The zone 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 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 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 made a 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 safety zone that prohibits entry without permission 
within 850 feet of a fireworks barge. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the

[[Page 72331]]

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 165

    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 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
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                                                              Sector Houston-Galveston
               Date                      Sponsor/name                 location                  Safety zone
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                                                  * * * * * * *
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.
 
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    Dated: August 29, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port, Sector Houston-
Galveston.
[FR Doc. 2024-19945 Filed 9-4-24; 8:45 am]
BILLING CODE 9110-04-P