Proposed Rule2024-17144
Safety Zone; Upper Galveston Bay, Kemah, TX
Primary source
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Published
August 5, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to update the location and description of a safety zone, and add two annually recurring dates, for events at the Kemah Board Walk Fireworks Display, in the Upper Galveston Bay in Kemah, Texas. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the fireworks show. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Houston-Galveston, or a designated representative. The purpose of this safety zone is to ensure no members of the public will be within the fallout radius from the fireworks show taking place, this will reduce the probability of any injuries or damage due to the inherent danger of launching fireworks from a barge. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 150 (Monday, August 5, 2024)</title>
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[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Proposed Rules]
[Pages 63331-63334]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17144]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0503]
RIN 1625-AA00
Safety Zone; Upper Galveston Bay, Kemah, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to update the location and
description of a safety zone, and add two annually recurring dates, for
events at the Kemah Board Walk Fireworks Display, in the Upper
Galveston Bay in Kemah, Texas. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the fireworks show. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port, Sector Houston-Galveston, or a designated representative. The
purpose of this safety zone is to ensure no members of the public will
be within the fallout radius from the fireworks show taking place, this
will reduce the probability of any injuries or damage due to the
inherent danger of launching fireworks from a barge. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 20, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0503 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 Marine Science Technician First
Class Christopher C. Morgan, Sector Houston-Galveston Waterways
Management
[[Page 63332]]
Division; telephone 713-398-5823, Email <a href="/cdn-cgi/l/email-protection#8de5e2f8fef9e2e3fafae0cdf8feeeeaa3e0e4e1"><span class="__cf_email__" data-cfemail="a6cec9d3d5d2c9c8d1d1cbe6d3d5c5c188cbcfca">[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
The Coast Guard was informed that an organization will be
conducting a fireworks display, annually, during the first week in
September and on December 31. The fireworks will be launched from a
barge in the Upper Galveston Bay approximately 1000 feet East of the
Kemah Boardwalk in Kemah, TX. Hazards from firework displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port Sector Houston-
Galveston (COTP) has determined that potential hazards associated with
the fireworks to be used in this display would be a safety concern for
anyone within an 850-foot radius of the barge. This proposed rule would
amend 33 CFR 165.801 by adding the September and December 31 dates, as
well update location information, for the safety zone identified in
TABLE 3 of 33 CFR 165.801, line 3.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within an 850-foot radius of the fireworks
barge before, during, and after the recurring events. The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70034.
The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of the
typical 30 days for this notice of proposed rulemaking. The Coast Guard
believes the 15-day comment period still provides for a reasonable
amount of time for interested parties to review the proposal and
provide informed comments on it while also ensuring the Coast Guard has
time to review and respond to any significant comments and has a final
rule in effect in time for the scheduled event to protect against the
identified hazards.
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 update location information of a recurring
safety zone and add two annually recurring event dates, one during the
first week of September and another on December 31. The safety zone
would cover all navigable waters within 850 feet of a barge in the
Upper Galveston Bay located approximately 1000 feet east of Kemah
Boardwalk in Kemah, TX. The safety zone is intended to ensure the
safety of vessels and persons on these navigable waters during the
scheduled fireworks displays. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. If permission is granted, all persons and
vessels must comply with the instructions of the COTP or designated
representative. Designated representatives include commissioned,
warrant, and petty officers of the U.S. Coast Guard. 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,
duration, and location of the safety zone. The safety zone will last
during the scheduled fireworks events and covers an 850-foot radius of
navigable waters of Upper Galveston Bay, TX. The zone does not
completely restrict vessel traffic and allows mariners to ask for
permission to enter the safety zone via VHF radio or contacting the
Command Center. The COTP or a designated representative will inform the
public through broadcast notices to mariners of the enforcement period
for the safety zone as well as any changes in the planned schedule.
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.
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
[[Page 63333]]
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 two safety
zones lasting approximately 2 hours that would prohibit entry without
permission within 850 feet of a fireworks barge. Normally such actions
are categorically excluded from further review under paragraph L[60a]
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 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-2024-0503 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 165
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 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. In Sec. 165.801, amend Table 3, by revising item 3 to read as
follows:
Sec. 165.801 Annual fireworks displays and other events in the Eighth
Coast Guard District requiring safety zones.
* * * * *
Table 3 of Sec. 165.801--Sector Houston-Galveston Annual and Recurring Safety Zones
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Sector Houston- Galveston
Date Sponsor/name location Safety zone
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* * * * * * *
3. July 4th; every Friday night in Kemah Boardwalk Kemah, TX..................... The area within an
June and July; first week of Fireworks Display, 850-foot radius of
September; December 31. Kemah, TX. the fireworks barge
located on the south
side of Clear Creek
Channel, 1000 feet
east of Kemah
Boardwalk in Kemah,
TX.
* * * * * * *
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[[Page 63334]]
Dated: July 30, 2024.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Alternate Captain of the Port Sector
Houston-Galveston.
[FR Doc. 2024-17144 Filed 8-2-24; 8:45 am]
BILLING CODE 9110-04-P
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