Rule2021-13229
Safety Zone; Clear Lake, Clear Creek, TX
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 24, 2021
Effective
June 25, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters within 100 feet of the Pre-Stage Zone, Approach Zone, Course Run Zone and Shut-Down Zone during the Texas Outlaw Challenge in Clear Lake, Clear Creek, TX. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the power boat race. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Houston-Galveston.
Full Text
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<title>Federal Register, Volume 86 Issue 119 (Thursday, June 24, 2021)</title>
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[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Rules and Regulations]
[Pages 33133-33135]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13229]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0420]
RIN 1625-AA00
Safety Zone; Clear Lake, Clear Creek, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within 100 feet of the Pre-Stage Zone, Approach Zone,
Course Run Zone and Shut-Down Zone during the Texas Outlaw Challenge in
Clear Lake, Clear Creek, TX. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the power boat race. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Houston-Galveston.
DATES: This rule is effective from 7 a.m. to 2 p.m. on June 25, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0420 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 on this rule,
call or email LT James Mitard, Sector Houston-Galveston Waterways
Management Division, U.S. Coast Guard; telephone 281-464-4780, email
<a href="/cdn-cgi/l/email-protection#682209050d1b463e4625011c091a0c281d1b0b0f46050104"><span class="__cf_email__" data-cfemail="de94bfb3bbadf088f093b7aabfacba9eabadbdb9f0b3b7b2">[email protected]</span></a>.
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 without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this special local regulation by June 25, 2021 and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
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 contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the power boat race being conducted in the third largest
recreational boating community in the nation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Houston-
Galveston (COTP) has determined that potential hazards associated with
the power boat race on June 25, 2021 in Clear Lake, TX, will be a
safety concern for anyone within the Pre-Stage Zone, Approach Zone,
Course Run Zone, and Shut-Down Zone before, during, and after the
scheduled event. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within these areas
during the power boat race.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. to 2 p.m. on June
25, 2021. The safety zone will cover all navigable waters within 100
feet of the different zones of the boat course to include the Pre-Stage
Zone, Approach Zone, Course Run Zone and Shut-Down Zone. All of these
zones along with the Spectator Zone are described below:
Pre-Stage Zone: This area is the pre-staging area for participating
vessels to line up. It will include all waters within the following
areas 29[deg]33.13 N, 095[deg]01.84 W, 29[deg]33.12 N, 095[deg]01.89 W,
29[deg]33.23 N, 095[deg]01.96 W, 29[deg]33.13 N, 095[deg]01.84 W.
Approach Zone: \1/4\ mile distance required for participating
vessels to obtain the minimum 40mph requirement for course entry. This
will be a straight line to begin at approximately 29[deg]33.256 N,
095[deg]01.89 W and end at approximately 29[deg]33.33 N, 095[deg]02.15
W.
Course Run Zone: \3/4\ mile distance where participating vessels
will conduct their high-speed run. This will be a straight line to
begin at approximately 29[deg]33.33 N, 095[deg]02.16 W and end at
approximately 29[deg]33.53 N, 095[deg]02.98 W.
Shut-Down Zone: 1 mile distance where participating vessels will be
allowed to slow their speeds back to an idle. This will be a straight
line to begin at approximately 29[deg]33.53 N, 095[deg]02.98 W and end
at approximately 29[deg]33.74 N, 095[deg]04.1 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 all ongoing high-speed runs.
No vessel or person would be permitted to enter the established
zones without obtaining permission from the on-water Safety-Officer or
designated representative. If permission to transit the area is
granted, the person must comply with the directions of the on-water
Safety Officer or designated representative.
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 Executive Order 12866. Accordingly, this
rule has not been reviewed by the
[[Page 33134]]
Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This regulatory
action will last seven hours and encompasses a 100 feet radius around
the boat race path and staging area. The rest of the lake is open to
the public to transit. Vessels and persons may seek permission to
transit the regulated areas from the on-water Safety Officer or
designated representative.
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
special local regulation area 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
safety zone lasting 7 hours that will prohibit entry within 100 feet of
the boat race course. 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 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0420 to read as follows:
Sec. 165.T08-0420 Safety Zone; Clear Lake, Clear Creek, TX
(a) Location. The following areas of Clear Lake in Clear Creek, TX
make up a safety zone:
(1) Pre-stage zone. All navigable waters within 100 feet of the
Pre-Stage Zone which includes all waters within the following areas:
29[deg]33.13 N, 095[deg]01.84 W, 29[deg]33.12 N, 095[deg]01.89 W,
29[deg]33.23 N, 095[deg]01.96 W, 29[deg]33.13 N, 095[deg]01.84 W;
(2) Approach zone. Comprised of all navigable waters within 100
feet of a straight line beginning at approximately 29[deg]33.256 N,
095[deg]01.89 W and ending approximately 29[deg]33.33 N, 095[deg]02.15
W;
(3) Course run zone. Comprised of all navigable waters within 100
ft of a straight line beginning at approximately 29[deg]33.33 N,
095[deg]02.16 W and ending at approximately 29[deg]33.53 N,
095[deg]02.98 W;
(4) Shut-down zone. Comprised of all navigable waters within 100
feet of a straight line beginning at approximately 29[deg]33.53 N,
095[deg]02.98 W and ending at approximately 29[deg]33.74 N,
095[deg]04.1 W;
[[Page 33135]]
(5) Spectator zone. All vessels that will be viewing the event must
remain anchored within a designated area during all ongoing high-speed
runs. The sponsor is responsible for marking the spectator zone with 4
buoys on the outer corners.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, persons and vessels are prohibited from
entering the safety zone unless authorized by the the on-water Safety
Officer or a designated representative. A designated representative is
a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Houston-
Galveston.
(2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the on-water Safety Officer or a
designated representative. They may be contacted on VHF radio Channel
16.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the on-water Safety Officer or designated
representative while navigating in the regulated area.
(c) Enforcement period: This safety zone will be enforced from from
7 a.m. to 2 p.m. on June 25, 2021.
J.E. Smith,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2021-13229 Filed 6-23-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 24, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.