85434 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations 

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. 

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 https://

www.regulations.gov, 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 

houstonwwm@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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°32′52.72′′ N, 95°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°32′52.72′′ N, 95°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 


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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations 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 

■ 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. 

■ 2. Add § 165.T08–0895 to read as 

follows: 

§ 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°32′52.72′′ N, 95°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 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Parts 2 and 7 

[Docket No. PTO–T–2024–0043] 

Changes in Post-Registration Audit 

Selection for Affidavits or Declarations 

of Use, Continued Use, or Excusable 

Nonuse in Trademark Cases 

AGENCY: United States Patent and 

Trademark Office, U.S. Department of 

Commerce. 

ACTION: Policy update. 

SUMMARY: To promote the accuracy and 

integrity of the trademark register, the 

United States Patent and Trademark 

Office (USPTO or Office) is amending 

its practice concerning the selection of 

registrations for audit during the postregistration maintenance process. When 

the USPTO implemented its audit 

program in 2017, it announced that it 

would conduct random audits of certain 

affidavits or declarations filed each year. 

To promote the accuracy and integrity 

of the trademark register, the USPTO is 

adding additional directed audits to its 

practice. 


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