[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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
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                                                                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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