Rule2025-17545
Special Local Regulation; Galveston Channel, Galveston, 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
September 11, 2025
Effective
September 16, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a special local regulation for the safety of life on certain waters of the Galveston Channel in Galveston County, TX. These regulations will be enforced during a boat parade which will be held annually, on the third Saturday in September. This proposed rulemaking prohibits entry of non-participants into the regulated area unless specifically authorized by the Captain of the Port, Sector Houston-Galveston (COTP) or designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 174 (Thursday, September 11, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Rules and Regulations]
[Pages 43912-43915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17545]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0586]
RIN 1625-AA08
Special Local Regulation; Galveston Channel, Galveston, TX
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
the safety of life on certain waters of the Galveston Channel in
Galveston County, TX. These regulations will be enforced during a boat
parade which will be held annually, on the third Saturday in September.
This proposed rulemaking prohibits entry of non-participants into the
regulated area unless specifically authorized by the Captain of the
Port, Sector Houston-Galveston (COTP) or designated representative.
DATES: This rule is effective September 16, 2025.
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-
2025-0586 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
proposed rulemaking, call or email Lieutenant Ignacio J.
Fern[aacute]ndez-Cuervo, Marine Safety Unit Texas City, Waterways
Management Division, U.S. Coast Guard; telephone (281) 309-1617, email
<a href="/cdn-cgi/l/email-protection#6d203e383908150c1e2e0419143a0c19081f1a0c141e2d181e0e0a43000401"><span class="__cf_email__" data-cfemail="e8a5bbbdbc8d90899bab819c91bf899c8d9a9f89919ba89d9b8b8fc6858184">[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
PATCOM Patrol Commander
Sec. Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background Information and Regulatory History
Coast Guard regulations define ``regatta or marine parade'' as an
organized water event of limited duration which is conducted according
to a prearranged schedule. 33 CFR
[[Page 43913]]
100.05(a). And, as explained in 33 CFR 100.15, the Coast Guard requires
that an organization planning to hold a regatta or marine event apply
for a permit if the event, by its nature, circumstances, or location,
will introduce extra or unusual hazards to the safety of life on the
navigable waters of the United States. Upon the approval of an
application, under 33 CFR 100.35(a), the COTP may promulgate such
``Special Local Regulations'' (SLR's) as he or she deems necessary to
ensure safety of life on the navigable waters immediately prior to,
during, and immediately after the event.
The Texian Navy submitted a marine event permit application in 2024
for a boat parade, and the event was permitted by the Coast Guard with
a temporary SLR created for the event, which expired after the 2024
event completion. The Texian Navy submitted a new marine event permit
application again in 2025 and expressed intent to submit applications
annually to hold the event on the same day each year (the third
Saturday in September). In response, on August 8, 2025, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled Special Local
Regulation; Galveston Channel, Galveston, TX (90 FR 38423). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this boat parade. During the comment
period that ended August 18, 2025, we received no 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 would be contrary to the public interest because prompt
action is needed to respond to the potential safety hazards associated
with the 2025 boat parade scheduled for September 20, 2025.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70041. The Captain of the Port Sector Houston-Galveston (COTP)
has determined that potential hazards associated with the boat parade
will be a safety concern for anyone within a 200-yard radius of the
parade in the Galveston Channel. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the regulated areas while the parade is ongoing.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
August 8, 2025. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule modifies 33 CFR 100.801 by listing a new recurring marine
event in Table 3 of Sec. 100.801, which covers the Coast Guard Sector
Houston-Galveston COTP Zone. The regulated area created by this rule
would encompass three zones to include a Pre-Staging Zone, Spectator
Zone, and Parade Transit Zone as described below:
Pre-Staging Zone: This area is the pre-staging area for
participating vessels to line up. It will include all waters within a
200-yard radius of 29[deg]20'23'' N, 094[deg]46'37'' 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 marking the spectator zone with four buoys on the outer corners and
ensuring that all vessels within the area are anchored and remain in
the area during parade transit. The following coordinates are the
approximate location of the Spectator Zone: 29[deg]19'17'' N,
094[deg]46'36'' W, thence to 29[deg]19'37'' N, 094[deg]46'53'' W, and
both points connecting to the eastern shore.
Parade Transit Zone: This area is exclusive to vessels
participating in the parade. It will include all waters within the
following areas: 29[deg]19'07.02'' N, 094[deg]47'10.98'' W, thence to
29[deg]18'55.43'' N, 094[deg]47'04.23'' W, thence to 29[deg]20'29.45''
N, 094[deg]46'14.18'' W, thence to 29[deg]20'32.68'' N,
094[deg]46'29.94'' W, and along the shore line back to the beginning
point.
A person or vessel not registered with the event sponsor as a
participant or assigned as official patrols would be considered a
spectator. A spectator vessel must not loiter within the navigable
channel while within the regulated area. Official patrol vessels would
direct spectators to the designated spectator zone. Official Patrols
are any vessel assigned or approved by the Commander, Coast Guard
Sector Houston-Galveston with a commissioned, warrant, or petty officer
onboard and displaying a Coast Guard ensign. Official Patrols enforcing
this regulated area can be contacted on VHF-FM channel 12. All non-
participants will be prohibited from entering the established pre-
staging and parade transit zones without obtaining permission from the
on-water Safety Officer or designated representative. To seek
permission to enter, contact the COTP or the COTP's representative by
VHF Radio Channel 12. Those in the regulated area must comply with all
lawful orders or directions given to them by the COTP or the 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.
A. 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 for the following
reasons. The zone will be for only one day each year. Vessel traffic
will be able to safely transit around the regulated areas which would
impact a small, designated area of the Galveston Channel for less than
five hours. The Coast Guard will issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule will allow
vessels to seek permission to enter the regulated areas.
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 will 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.
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
[[Page 43914]]
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.
B. 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).
C. 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.
D. 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.
E. 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
marine event and special local regulation lasting only five hours that
will prohibit entry within 200 yards of the vessel staging area, parade
transit zone, and designate a vessel spectator zone. It is
categorically excluded from further review under paragraph L61 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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, amend table 3 by adding a new entry at the end of
the table 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
----------------------------------------------------------------------------------------------------------------
Houston-Galveston
Date Event/sponsor location Regulated area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10. Third Saturday in September... Texian Navy Day Galveston Channel, TX Pre-Staging Zone: This area is
Celebration/The the pre-staging area for
Texas Navy participating vessels to line
Association. up. It will include all
waters within a 200-yard
radius of 29[deg]20'23'' N,
094[deg]46'37'' 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 marking the
spectator zone with four
buoys on the outer corners
and ensuring that all vessels
within the area are anchored
and remain in the area during
parade transit. The following
coordinates are the
approximate location of the
Spectator Zone:
29[deg]19'17'' N,
094[deg]46'36'' W, thence to
29[deg]19'37'' N,
094[deg]46'53'' W, and both
points connecting to the
eastern shore.
Parade Transit Zone: This area
is exclusive to vessels
participating in the parade.
It will include all waters
within the following areas:
29[deg]19'07.02'' N,
094[deg]47'10.98'' W, thence
to 29[deg]18'55.43'' N,
094[deg]47'04.23'' W, thence
to 29[deg]20'29.45'' N,
094[deg]46'14.18'' W, thence
to 29[deg]20'32.68'' N,
094[deg]46'29.94'' W, and
along the shore line back to
the beginning point.
----------------------------------------------------------------------------------------------------------------
[[Page 43915]]
* * * * *
Dated: September 8, 2025.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2025-17545 Filed 9-10-25; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 11, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.