Proposed Rule2024-13785
Special Local Regulation; San Jacinto River, Houston, TX
Primary source
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Published
June 24, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish special local regulations to provide for the safety of life on certain waters of the San Jacinto River, in Houston, TX. These regulations would be enforced during a high-speed boat race every first weekend in March. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Houston-Galveston or Patrol Commander. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 121 (Monday, June 24, 2024)</title>
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[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Proposed Rules]
[Pages 52410-52413]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13785]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0376]
RIN 1625-AA08
Special Local Regulation; San Jacinto River, Houston, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish special local
regulations to provide for the safety of life on certain waters of the
San Jacinto River, in Houston, TX. These regulations would be enforced
during a high-speed boat race every first weekend in March. This
proposed rulemaking would prohibit persons and vessels from being in
the regulated area unless authorized by the Captain of the Port
Houston-Galveston or Patrol Commander. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 28, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0376 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
[[Page 52411]]
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 Jack
Brunswick, Sector Houston-Galveston Waterways Management Division, U.S.
Coast Guard; telephone 713-398-5823, email <a href="/cdn-cgi/l/email-protection#177f78626463787960607a5762647470397a7e7b"><span class="__cf_email__" data-cfemail="acc4c3d9dfd8c3c2dbdbc1ecd9dfcfcb82c1c5c0">[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 April 28, 2024, an organization notified the Coast Guard that it
will be conducting their high-speed boat race from 8 a.m. to 6 p.m. on
the first or second Saturday in March, annually. The boat race is to be
held in the navigable waters of San Jacinto River, Houston, 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.
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.
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 power boat race in San Jacinto River, Houston,
TX. The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70041.
III. Discussion of Proposed Rule
Part 100 of title 33 of the CFR contains regulations describing
marine events conducted on the U.S. navigable waters in order to ensure
the safety of life in the regulated areas. Section 100.801 of the title
provides the regulations applicable to events taking place in the
Eighth Coast Guard District and also provides tables listing each event
and special local regulations. This section requires amendment from
time to time to properly reflect recurring special local regulations.
This proposed rule would update section 100.801, Table 3 titled
``Sector Houston-Galveston Annual and Recurring Marine Events.''
Specifically, the COTP is proposing to establish a special local
regulation in the navigable waters of San Jacinto River, Houston, TX
from 8 a.m. to 6 p.m. on the first or second Saturday in March each
year to restrict general navigation during an annually recurring high-
speed boat race for safety purposes. 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 is the pre-staging area for participating
vessels to line up. It will include all waters within 150 ft of
29[deg]53'29.0148'' N, 095[deg]06'39.4416'' W.
Approach Zone: 200 ft 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]53'27.3'' N,
95[deg]06'42.6'' W and end at approximately 29[deg]53'27.6'' N,
95[deg]06'40.0'' W.
Course Run Zone: 600 ft distance where participating vessels will
conduct their high-speed run. This will be a straight line to begin at
approximately 29[deg]53'27.6'' N, 95[deg]06'40.0'' W and end at
approximately 29[deg]53'30.0'' N, 95[deg]06'34.7'' W.
Shut-Down Zone: 900 ft 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]53'30.0'' N, 95[deg]06'34.7'' W
and end at approximately 29[deg]53'34.3'' N, 95[deg]06'24.1'' 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 monitoring the spectator zone 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]53'29.4'' N, 95[deg]06'39.8'' W, thence to
29[deg]53'28.5'' N, 95[deg]06'39.6'' W, thence to 29[deg]53'29.7'' N,
95[deg]06'36.9'' W, thence to 29[deg]53'30.4'' N, 95[deg]06'37.2'' W.
No vessel or person would be permitted to enter the established
zones without obtaining permission from an official patrol vessel 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 COTP 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 this special local regulation.
Vessel traffic will be able to safely transit around this safety zone,
which would impact a small, designated area of the San Jacinto River,
for a short duration, when vessel traffic is normally low. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners about the
zone via VHF-FM marine channel 16, 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.
[[Page 52412]]
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 10 hours that would
prohibit entry within 150 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. 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 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- 2024-0376 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, in table 3 under paragraph (j), amend by adding
item 8 in numerical order to read as follows:
Sec. 100.801 Annual Marine Events in the Eighth Coast Guard
District.
* * * * *
(j) * * *
[[Page 52413]]
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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* * * * * * *
8. First or Second Saturday in Winter Nationals Boat San Jacinto River, San Jacinto River within
March. Race. Houston, TX. 150 feet of the following
area: 29[deg]53'29.0148''
N, 095[deg]06'39.4416'' W;
the Approach Zone
comprised of a straight
line to begin at
approximately
29[deg]53'27.3'' N,
95[deg]06'42.6'' W and end
at approximately
29[deg]53'27.6'' N,
95[deg]06'40.0'' W; the
Course Run Zone comprised
of a straight line to
begin at approximately
29[deg]53'27.6'' N,
95[deg]06'40.0'' W and end
at approximately
29[deg]53'30.0'' N,
95[deg]06'34.7'' W; the
Shut-Down Zone comprised
of a straight line to
begin at approximately
29[deg]53'30.0'' N,
95[deg]06'34.7'' W and end
at approximately
29[deg]53'34.3'' N,
95[deg]06'24.1'' W; and
the Spectator Zone located
within the following
coordinates;
29[deg]53'29.4'' N,
95[deg]06'39.8'' W, thence
to 29[deg]53'28.5'' N,
95[deg]06'39.6'' W, thence
to 29[deg]53'29.7'' N,
95[deg]06'36.9'' W, thence
to 29[deg]53'30.4'' N,
95[deg]06'37.2'' W.
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* * * * *
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-13785 Filed 6-21-24; 8:45 am]
BILLING CODE 9110-04-P
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