[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Proposed Rules]
[Pages 38423-38426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15142]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0586]
RIN 1625-AA08
Special Local Regulation; Galveston Channel, Galveston, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a special local
regulation for the safety of life on certain waters of the Galveston
Channel in Galveston County, TX. These regulations would be enforced
during a boat parade which will be held annually, on the 3rd Saturday
in September. This proposed rulemaking would prohibit entry of non-
participants into the regulated area unless specifically authorized by
the Captain of the Port, Sector Houston-Galveston (COTP) or designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 18, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0586 using the Federal Docket Management System 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 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
COTP Captain of the Port, Sector Houston-Galveston
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Coast Guard regulations define ``regatta or marine parade'' as an
organized water event of limited duration which is conducted according
to a prearranged schedule. 33 CFR 100.05(a). And, as explained in 33
CFR 100.15, the Coast Guard requires that an organization planning to
hold a regatta or marine event apply for a permit if the event, by its
nature, circumstances, or location, will introduce extra or unusual
hazards to the safety of life on the navigable waters of the United
States. Upon the approval of an application, under 33 CFR 100.35(a),
the COTP may promulgate such ``Special Local Regulations'' (SLR's) as
he or she deems necessary to ensure safety of life on the navigable
waters immediately prior to, during, and immediately after the event.
Texian Navy submitted a marine event permit application in 2024 for
a boat parade, and the event was permitted by the Coast Guard with a
temporary SLR created for the event (which expired after the event
completion). Texian Navy submitted a new marine event permit
application again in 2025 and expressed intent to submit applications
annually to hold event on the same day (third Saturday in September).
We are proposing to incorporate the SLR into a permanent rule for these
recurring events (33 CFR 100.801). This rule would not expire, but it
would only be subject to enforcement during periods when the events are
taking place. The Coast Guard would supplement the rule each year, when
an application for the current year's event is approved, with a
Notification of Enforcement providing specific information about
enforcement times.
The regulated area for the event consists of a pre-staging area
along the east end of Seawolf Park, a designated spectator zone east of
Galveston Yacht Marina along the ship channel and a Parade transit zone
starting in the east end of the Galveston Channel through terminal 10
and back. Among the hazards the event poses include a risk of
collisions between event participants operating within or adjacent to
the navigation channel designated for the event, and non-participants
traveling through the channel, or within approaches to local marinas,
boat facilities, and waterfront residential communities. The COTP has
determined that the potential hazards associated with the boat parade
would be a safety concern for anyone intending to participate in this
event, and for vessels that operate within specified waters of the
Galveston Channel. The purpose of this rulemaking is to protect event
participants, non-participants, and transiting vessels before, during,
and after the scheduled event. The Coast Guard is proposing this
rulemaking under the authority in 46 U.S.C. 70041.
The proposed enforcement periods and the size of the regulated area
were chosen to ensure the safety of life on these navigable waters
before, during, and after activities associated with the boat parade.
As provided in 33 CFR 100.801, the Coast Guard would provide annual
notice of the overall enforcement periods and periods of enforcement of
particular zones within the regulated area in the Coast Guard Heartland
District Local Notice to Mariners, and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
Consistent with 33 CFR 100.35(a), the COTP and the Coast Guard
Event PATCOM would have authority to forbid or control the movement of
all vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area would be required to immediately comply with the
directions given by the COTP or Event PATCOM, as is now provided in 33
CFR 100.501(d). If a person or vessel fails to follow such directions,
the Coast Guard may expel them from the area, issue them a citation for
failure to comply, or both.
III. Discussion of Proposed Rule
The COTP proposes to establish a special local regulation which may
be subject to enforcement every year on the third Saturday in
September. This proposed rule would modify 33 CFR 100.801 by listing a
new recurring marine event in Table 3 of Sec. 100.801, which covers
the Coast Guard Sector Houston-Galveston COTP Zone. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70041.
[[Page 38424]]
The regulated area created by this rule would 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 four 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.
A person or vessel not registered with the event sponsor as a
participant or assigned as official patrols would be considered a
spectator. A spectator vessel must not loiter within the navigable
channel while within the regulated area. Official patrol vessels would
direct spectators to the designated spectator zone. Official Patrols
are any vessel assigned or approved by the Commander, Coast Guard
Sector Houston-Galveston with a commissioned, warrant, or petty officer
onboard and displaying a Coast Guard ensign. Official Patrols enforcing
this regulated area can be contacted on VHF-FM channel 12. All non-
participants will be prohibited from entering the established pre-
staging and parade transit zones 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.
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.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on the size,
location, and duration of this special local regulation. The zone will
be for only one day each year. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
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 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
[[Page 38425]]
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 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. 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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 Docket Management System at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2025-0586 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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 a new entry at the end of
the table 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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Houston-Galveston
Date Event/sponsor location Regulated area
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* * * * * * *
10. Third Saturday in September.... Texian Navy Day Galveston Channel, TX. Pre-Staging Zone: This area
Celebration/The Texas is the pre-staging area
Navy Association. 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
four 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.
[[Page 38426]]
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.
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* * * * *
Dated: July 29, 2025.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2025-15142 Filed 8-7-25; 8:45 am]
BILLING CODE 9110-04-P