[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]
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