Rule2024-24987
Safety Zone; Upper Galveston Bay, Kemah, 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
October 28, 2024
Effective
November 9, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters within an 840-foot radius of the firework display barge in the Galveston Bay on the south side of the channel, near Kemah Boardwalk in Kemah, TX. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Houston-Galveston.
Full Text
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<title>Federal Register, Volume 89 Issue 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85434-85435]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24987]
[[Page 85434]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0895]
RIN 1625-AA00
Safety Zone; Upper Galveston Bay, Kemah, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within an 840-foot radius of the firework display
barge in the Galveston Bay on the south side of the channel, near Kemah
Boardwalk in Kemah, TX. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by a
fireworks display. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port,
Sector Houston-Galveston.
DATES: This rule is effective from 8 p.m. until 10 p.m. on November 9,
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-
2024-0895 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 rule,
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#b9d1d6cccacdd6d7ceced4f9cccadade97d4d0d5"><span class="__cf_email__" data-cfemail="eb83849e989f84859c9c86ab9e98888cc5868287">[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 Information and Regulatory History
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is impracticable
due to notice period prior to the event. The Coast Guard must establish
this safety zone by November 9, 2024 and prompt action is required to
respond to the potential safety hazards associated with a fireworks
display.
Also, 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 would be impracticable because prompt action is needed to
respond to the potential safety hazards of the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Houston-Galveston (COTP) has determined
that potential hazards associated with the fireworks show on November
9, 2024, in Kemah, TX, will be a safety concern for anyone within an
840-foot radius of a fireworks display barge, located in Galveston Bay,
TX at 29[deg]32'52.72'' N, 95[deg]00'54.38'' W, on the south side of
the channel. The purpose of this rulemaking is to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone before, during, and after the scheduled fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 p.m. until 10 p.m. on
November 9, 2024. The safety zone will cover all navigable waters
within an 840-foot radius of a fireworks display barge, located in
Galveston Bay, TX, at 29[deg]32'52.72'' N, 95[deg]00'54.38'' W, on the
south side of the channel. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters before, during, and after the fireworks display. No
vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.
Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 866-
539-8114. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or designated representative.
The COTP or a designated representative will inform the public of the
enforcement times and date for this safety zone through Broadcast
Notices to Mariners, Local Notices to Mariners, or Safety Marine
Information Broadcasts as appropriate.
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, this rule 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
for the limited duration of two hours. It covers an 840-foot radius of
navigable waters of Galveston Bay, TX. The zone does not completely
restrict vessel traffic and allows mariners to ask for 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 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 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
[[Page 85435]]
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 will 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 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.
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 will not result in
such an expenditure, we do discuss the 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 determined 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
temporary safety zone lasting only two hours that will prohibit entry
within 840 feet of the fireworks display barge. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 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.
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 165
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 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. Add Sec. 165.T08-0895 to read as follows:
Sec. 165.T08-0895 Safety Zone; Galveston Bay, Galveston, TX.
(a) Location. The following area is a safety zone: All navigable
waters within an 840-foot radius of a fireworks display barge, located
in Galveston Bay, TX at 29[deg]32'52.72'' N, 95[deg]00'54.38'' W, on
the south side of the channel.
(b) Definition. 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 (COTP) in the enforcement of the
regulated areas.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, no person will be permitted to enter, transit,
anchor, or remain within the safety zone described in paragraph (a) of
this section unless authorized by the COTP or a designated
representative. If authorization is granted, persons and vessels
receiving such authorization must comply with the lawful instructions
of the COTP or designated representative.
(2) Persons or vessels seeking to enter the safety zone must
request permission from the COTP on VHF-FM channel 16 or by telephone
at 866-539-8114.
(d) Enforcement period. This section will be enforced from 8 p.m.
until 10 p.m. on November 9, 2024.
Dated: October 22, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-24987 Filed 10-25-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 28, 2024.
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