Rule2024-22015
Special Local Regulation; San Jacinto River, Houston, TX
Primary source
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Published
September 26, 2024
Effective
October 28, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending its regulations for annual marine events in the Sector Houston-Galveston area of responsibility. This rulemaking establishes a special local regulation to provide for the safety of life on certain waters of the San Jacinto River, in Houston, TX and will be enforced annually during a high-speed boat race on the first or second Saturday in March. This regulation prohibits non- registered participants from being within the specified zones unless authorized by the Captain of the Port Houston-Galveston or designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 187 (Thursday, September 26, 2024)</title>
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[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Rules and Regulations]
[Pages 78815-78817]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22015]
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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: Final rule.
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SUMMARY: The Coast Guard is amending its regulations for annual marine
events in the Sector Houston-Galveston area of responsibility. This
rulemaking establishes a special local regulation to provide for the
safety of life on certain waters of the San Jacinto River, in Houston,
TX and will be enforced annually during a high-speed boat race on the
first or second Saturday in March. This regulation prohibits non-
registered participants from being within the specified zones unless
authorized by the Captain of the Port Houston-Galveston or designated
representative.
DATES: This rule is effective October 28, 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-
2024-0376 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 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#9df5f2e8eee9f2f3eaeaf0dde8eefefab3f0f4f1"><span class="__cf_email__" data-cfemail="1971766c6a6d76776e6e74596c6a7a7e37747075">[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 28, 2024, an organization notified the Coast Guard that it
will be conducting an annual high-speed boat race from 8 a.m. to 6 p.m.
on the first or second Saturday in March 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 24, 2024,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
Special Local Regulation; San Jacinto River, Houston, TX (89 FR 52410).
There we stated why we issued the NPRM and invited comments on our
proposed regulatory action related to this boat race. During the
comment period that ended July 28, 2024, we received one comment.
[[Page 78816]]
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 all non-participants 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. Those in the regulated area must comply
with all lawful orders or directions given to them by the COTP or the
designated representative.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published June
24, 2024. The comment stated concerns that are unrelated to the
regulation and outside the scope of Coast Guard authority. There is one
change in the regulatory text of this rule from the proposed rule. We
updated the item number for this recurring event, from 8 to 9, in Sec.
100.801, table 3.
The COTP is establishing a special local regulation that will be
enforced annually on the first or second Saturday in March. Annual
notice of the exact dates and times of the effective period with
respect to the event, the geographical area, and additional details
concerning the nature of the event and the number of participants and
type(s) of vessels involved 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.
All non-participants will be prohibited from entering 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 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 the regulated
areas, which will impact a small, designated area of the San Jacinto
River, for a short duration, when vessel traffic is normally low. The
Coast Guard will issue a Broadcast Notice to Mariners about the zone
via VHF-FM marine channel 16, and the rule will allow vessels to seek
permission to enter the regulated areas.
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
regulated 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 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 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 does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 78817]]
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. If
you believe this 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 does 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 typically
lasting 10 hours that will prohibit non-participants from entering
specified regulated areas. 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, in table 3 under paragraph (j), amend by adding
item 9 in numerical order to read as follows:
Sec. 100.801 Annual Marine Events in the Eighth Coast Guard
District.
* * * * *
(j) * * *
Table 3 of Sec. 100.801--Sector Houston-Galveston Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
Houston-Galveston
Date Event/sponsor location Regulated area
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* * * * * * *
9. First or Second Saturday of 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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* * * * *
Dated: September 16, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-22015 Filed 9-25-24; 8:45 am]
BILLING CODE 9110-04-P
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