Proposed Rule2024-10216
Special Local Regulation; 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
May 14, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend its regulations for annual marine events in the Sector Houston-Galveston area of responsibility. This proposed rulemaking would prohibit persons and vessels not participating in the event from being within the specified zones unless authorized by the Captain of the Port Houston-Galveston or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 94 (Tuesday, May 14, 2024)</title>
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[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Proposed Rules]
[Pages 41914-41916]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10216]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0207]
RIN 1625-AA08
Special Local Regulation; Clear Lake, Clear Creek, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend its regulations for
annual marine events in the Sector Houston-Galveston area of
responsibility. This proposed rulemaking would prohibit persons and
vessels not participating in the event from being within the specified
zones unless authorized by the Captain of the Port Houston-Galveston or
a 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 June 13, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0207 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 Junior Grade Linda I
Duncan, Sector Houston-Galveston Waterways Management Division, U.S.
Coast Guard; telephone 713-398-5823, email <a href="/cdn-cgi/l/email-protection#99f1f6eceaedf6f7eeeef4d9eceafafeb7f4f0f5"><span class="__cf_email__" data-cfemail="3e56514b4d4a51504949537e4b4d5d5910535752">[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, Purpose, and Legal Basis
On March 4, 2024, an organization notified the Coast Guard that it
will be conducting the 17th annual high speed boat race from 8 a.m. to
noon on June 21, 2024. The boat race is to be held in the waters of
Clear Lake, in Clear Creek, TX. The Captain of the Port Houston-
Galveston (COTP) has determined that potential hazards associated with
the power boat race 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.
The Texas Outlaw Challenge Boat Race, in Clear Lake, Clear Creek,
TX, occurs on an annually recurring basis. Historically, the Coast
Guard has established annual temporary final regulations for this
marine event. This proposed rule would consistently inform the public
in a timely manner through permanent publication in Title 33 of the
Code of Federal Regulations. This proposed rule would add a recurring
marine event requiring a special local regulation to TABLE 3 of 33 CFR
100.801--Sector Houston-Galveston Annual and Recurring Marine Events.
By establishing permanent regulations for this marine event, the Coast
Guard would eliminate the need to establish temporary rules on an
annual basis and thereby limit the costs associated with cumulative
regulations. The purpose of this rulemaking is to protect personnel,
vessels, and the marine environment in the navigable waters within the
Pre-Stage Zone, Approach Zone, Course Run Zone, and Shut-Down Zone
before, during and after the annual Texas Outlaw Challenge power boat
race in Clear Lake, TX. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70041.
In order to allow a 30-day public comment period, the Coast Guard
anticipates issuing a final rule with an effective date less than 30
days after publication in the Federal Register. Should that occur, we
will explain our good cause for doing so in that publication, as
required by 5 U.S.C. 553(d)(3).
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation from
8 a.m. to noon on a Friday of the third week of June. The special local
regulation will encompass five different zones to include the Pre-Stage
Zone, Approach Zone, Course Run Zone, Shut-Down Zone, and the Spectator
Zone as 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 thence to 29[deg]33.12 N,
095[deg]01.89 W thence to 29[deg]33.23 N, 095[deg]01.96 W thence to
29[deg]33.13 N, 095[deg]01.84 W.
Approach Zone: \1/4\ mile distance required for participating
vessels to obtain the minimum 40 mph 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
[[Page 41915]]
corners and ensuring that all vessels within the area are anchored and
remain in the area during all ongoing high-speed runs. The following
coordinates are the approximate location of the Spectator Zone:
29[deg]33.15 N, 95[deg]02.34 W, thence to 29[deg]33.11 N, 95[deg]02.35
W, thence to 29[deg]33.21 N, 95[deg]02.50 W, thence to 29[deg]33.15 N,
95[deg]02.53 W.
No vessel or person would be permitted to enter the established
zones without obtaining permission from the on-water Safety-Officer or
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.
The regulatory text we are proposing appears at the end of this
document.
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, 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 NPRM 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, the NPRM 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 the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small, designated area of Clear Lake for 4 hours during the
morning when vessel traffic is normally low. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow vessels to seek permission to
enter the zone.
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
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would 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 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 4 hours that would
prohibit entry withing 100 feet of the boat course. 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. A preliminary 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. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
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
[[Page 41916]]
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places, or
vessels.
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 Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0207 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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 item 7 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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* * * * * * *
7. Friday of the 3rd week of June.. Texas Outlaw Challenge/ Clear Lake, TX........ All waters within 100 feet
Offshore Thunder of the Pre-Stage Zone
Productions LLC. including all waters
within the following areas
29[deg]33.13 N,
095[deg]01.84 W, thence to
29[deg]33.12 N,
095[deg]01.89 W, thence to
29[deg]33.23 N,
095[deg]01.96 W, thence to
29[deg]33.13 N,
095[deg]01.84 W; the
Approach Zone comprised of
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; the
Course Run Zone comprised
of 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; the
Shut-Down Zone comprised
of 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; and the
Spectator Zone located
within the following
coordinates; 29[deg]33.15
N, 95[deg]02.34 W, thence
to 29[deg]33.11 N,
95[deg]02.35 W, thence to
29[deg]33.21 N,
95[deg]02.50 W, thence to
29[deg]33.15 N,
95[deg]02.53 W.
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Dated: May 7, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-10216 Filed 5-13-24; 8:45 am]
BILLING CODE 9110-04-P
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