Rule2024-16342
Special Local Regulation; San Jacinto River, Houston, 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
July 26, 2024
Effective
July 26, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a special local regulation to provide for the safety of life on certain waters of the San Jacinto River, in Houston, TX. This regulation will be enforced during a high- speed boat race every third weekend in July. This regulation prohibits persons and vessels from being in the regulated areas unless authorized by the Captain of the Port Houston-Galveston or designated Coast Guard Patrol Commander.
Full Text
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<title>Federal Register, Volume 89 Issue 144 (Friday, July 26, 2024)</title>
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[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Rules and Regulations]
[Pages 60569-60571]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16342]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0359]
RIN 1625-AA08
Special Local Regulation; San Jacinto River, Houston, TX
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation to
provide for the safety of life on certain waters of the San Jacinto
River, in Houston, TX. This regulation will be enforced during a high-
speed boat race every third weekend in July. This regulation prohibits
persons and vessels from being in the regulated areas unless authorized
by the Captain of the Port Houston-Galveston or designated Coast Guard
Patrol Commander.
DATES: This rule is effective without actual notice from July 26, 2024.
For the purposes of enforcement, actual notice will be used from July
20, 2024, until July 26, 2024.
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-
2024-0359 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
rulemaking, call or email Lieutenant Rudy Ortega, Sector Houston-
Galveston Waterways Management Division, U.S. Coast Guard; telephone
713-398-5823, email <a href="/cdn-cgi/l/email-protection#3f57504a4c4b50514848527f4a4c5c5811525653"><span class="__cf_email__" data-cfemail="224a4d5751564d4c55554f62575141450c4f4b4e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Houston-Galveston
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
On April 18, 2024, an organization notified the Coast Guard that it
will be conducting an annual high speed boat race every third weekend
in July 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.
In response, on June 3, 2024, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Special Local regulation; San Jacinto
River, Houston, TX (89 FR 55131). There we stated why we issued the
NPRM and invited comments on our proposed regulatory action related to
this boat race. During the comment
[[Page 60570]]
period that ended July 18, 2024, we received 4 comments.
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 immediate action is needed to
respond to the potential safety hazards associated with the power boat
race being held on July 20 and July 21, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP has determined that potential hazards associated with
the power boat race in San Jacinto River, Houston, 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 Comments, Changes, and the Rule
As noted above, we received four comments on our NPRM published
July 3, 2024. One concern was related to environmental impact. However,
during the environmental review it was determined that this event had
minimal to no impact to the environment. The remaining comments raised
concerns that are unrelated to the regulation and outside the scope of
Coast Guard authority. There are no changes in the regulatory text of
this rule from the proposed rule in the NPRM.
The COTP is establishing a special local regulation that will be
enforced annually the third Saturday and Sunday of July. Annual notice
of the exact dates and times of the effective period with respect to
the event, the geographical area, and additional details, as needed,
concerning the event will be published in local notices to mariners.
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 will be permitted to enter the established
zones without obtaining permission from the COTP, designated Coast
Guard Patrol Commander, 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.
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, the rule 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 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 affects 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
[[Page 60571]]
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 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 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 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 rule would not result
in such an expenditure, we do discuss the potential 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 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
rule involves a marine event and special local regulation lasting only
9 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.
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 100
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 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 8 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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8. 3rd Saturday and Sunday of Shootout on the San San Jacinto River, All waters within 150 feet of the
July. Jac Boat Race. Houston, TX. 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. 2024-16342 Filed 7-25-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 26, 2024.
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