Special Local Regulation; San Jacinto River, Houston, TX, 52410-52413 [2024-13785]
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Federal Register / Vol. 89, No. 121 / Monday, June 24, 2024 / Proposed Rules
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by August 9,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 737–300, –400, and –800 series
airplanes, certificated in any category, as
identified in Boeing Alert Requirements
Bulletin 737–25A1873 RB, dated August 25,
2023; or Boeing Alert Requirements Bulletin
737–25A1876 RB, dated September 1, 2023;
as applicable.
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/furnishings.
(e) Unsafe Condition
This AD was prompted by a report that the
protective spiral wrap used on certain galley
wire bundles does not have the correct
flammability properties and may not selfextinguish. The unsafe condition, if not
addressed, could result in electrical arcing or
sparking, ignition of the spiral wire
wrapping, and smoke and/or fire in the flight
compartment, leading to loss of continued
safe flight and landing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Required Actions
(1) For Model 737–300 and –400 series
airplanes: Except as specified by paragraph
(h)(1) of this AD, at the applicable times
specified in the ‘‘Compliance’’ paragraph of
Boeing Alert Requirements Bulletin 737–
25A1873 RB, dated August 25, 2023, do all
applicable actions identified in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Requirements
Bulletin 737–25A1873 RB, dated August 25,
2023.
Note 1 to paragraph (g)(1): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 737–25A1873, dated August 25,
2023, which is referred to in Boeing Alert
Requirements Bulletin 737–25A1873 RB,
dated August 25, 2023.
(2) For Model 737–800 series airplanes:
Except as specified by paragraph (h)(2) of this
AD, at the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 737–25A1876 RB,
dated September 1, 2023, do all applicable
actions identified in, and in accordance with,
the Accomplishment Instructions of Boeing
Alert Requirements Bulletin 737–25A1876
RB, dated September 1, 2023.
Note 2 to paragraph (g)(2): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 737–25A1876, dated September 1,
2023, which is referred to in Boeing Alert
Requirements Bulletin 737–25A1876 RB,
dated September 1, 2023.
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(h) Exceptions to Service Information
Specifications
(1) Where the Compliance Time columns
of the tables in the ‘‘Compliance’’ paragraph
of Boeing Alert Requirements Bulletin 737–
25A1873 RB, dated August 25, 2023, refer to
the original issue date of Requirements
Bulletin 737–25A1873 RB, this AD requires
using the effective date of this AD.
(2) Where the Compliance Time columns
of the tables in the ‘‘Compliance’’ paragraph
of Boeing Alert Requirements Bulletin 737–
25A1876 RB, dated September 1, 2023, refer
to the original issue date of Requirements
Bulletin 737–25A1876 RB, this AD requires
using the effective date of this AD.
(i) Parts Installation Prohibition
As of the effective date of this AD, no
person may install a galley wire bundle spiral
wrap made of polyethylene with selfwrapping sleeve on any airplane.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, AIR–520, Continued
Operational Safety Branch, FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to the attention of the person
identified in paragraph (k)(1) of this AD.
Information may be emailed to: AMOC@
faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, AIR–520, Continued Operational
Safety Branch, FAA, to make those findings.
To be approved, the repair method,
modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(k) Related Information
(1) For more information about this AD,
contact Julie Linn, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines, WA
98198; phone and fax: 206–231–3584; email:
julie.linn@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the address specified in
paragraph (l)(3) of this AD.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
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(i) Boeing Alert Requirements Bulletin
737–25A1873 RB, dated August 25, 2023.
(ii) Boeing Alert Requirements Bulletin
737–25A1876 RB, dated September 1, 2023.
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; website
myboeingfleet.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on June 14, 2024.
Peter A. White,
Deputy Director, Integrated Certificate
Management Division, Aircraft Certification
Service.
[FR Doc. 2024–13490 Filed 6–21–24; 8:45 am]
BILLING CODE 4910–13–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish special local regulations to
provide for the safety of life on certain
waters of the San Jacinto River, in
Houston, TX. These regulations would
be enforced during a high-speed boat
race every first weekend in March. This
proposed rulemaking would prohibit
persons and vessels from being in the
regulated area unless authorized by the
Captain of the Port Houston-Galveston
or Patrol Commander. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 28, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0376 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUMMARY:
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Federal Register / Vol. 89, No. 121 / Monday, June 24, 2024 / Proposed Rules
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Lieutenant
Junior Grade Jack Brunswick, 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
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II. Background, Purpose, and Legal
Basis
On April 28, 2024, an organization
notified the Coast Guard that it will be
conducting their high-speed boat race
from 8 a.m. to 6 p.m. on the first or
second Saturday in March, annually.
The boat race is to be held 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. This proposed rule would add a
recurring marine event requiring a
special local regulation to Table 3 of 33
CFR 100.801—Sector HoustonGalveston Annual and Recurring Marine
Events.
The purpose of this rulemaking is to
protect personnel, vessels, and the
marine environment in the navigable
waters within the Pre-Stage Zone,
Approach Zone, Course Run Zone, and
Shut-Down Zone before, during, and
after the power boat race in San Jacinto
River, Houston, TX. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
Part 100 of title 33 of the CFR
contains regulations describing marine
events conducted on the U.S. navigable
waters in order to ensure the safety of
life in the regulated areas. Section
100.801 of the title provides the
regulations applicable to events taking
place in the Eighth Coast Guard District
and also provides tables listing each
event and special local regulations. This
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section requires amendment from time
to time to properly reflect recurring
special local regulations.
This proposed rule would update
section 100.801, Table 3 titled ‘‘Sector
Houston-Galveston Annual and
Recurring Marine Events.’’ Specifically,
the COTP is proposing to establish a
special local regulation in the navigable
waters of San Jacinto River, Houston,
TX from 8 a.m. to 6 p.m. on the first or
second Saturday in March each year to
restrict general navigation during an
annually recurring high-speed boat race
for safety purposes. 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°53′29.0148″ N, 095°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°53′27.3″ N,
95°06′42.6″ W and end at approximately
29°53′27.6″ N, 95°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°53′27.6″ N, 95°06′40.0″ W and end at
approximately 29°53′30.0″ N,
95°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°53′30.0″ N,
95°06′34.7″ W and end at approximately
29°53′34.3″ N, 95°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°53′29.4″ N, 95°06′39.8″ W, thence to
29°53′28.5″ N, 95°06′39.6″ W, thence to
29°53′29.7″ N, 95°06′36.9″ W, thence to
29°53′30.4″ N, 95°06′37.2″ W.
No vessel or person would be
permitted to enter the established zones
without obtaining permission from an
official patrol vessel or designated
representative.
The term ‘‘designated representative’’
means Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
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Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the COTP in the enforcement
of the regulated areas.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 this safety zone,
which would impact a small, designated
area of the San Jacinto River, for a short
duration, when vessel traffic is normally
low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners
about the zone via VHF–FM marine
channel 16, and the rule would allow
vessels to seek 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 proposed rule would 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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Federal Register / Vol. 89, No. 121 / Monday, June 24, 2024 / Proposed Rules
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
proposed 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
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
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C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed 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
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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
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 proposed
rule involves a marine event and special
local regulation lasting only 10 hours
that would prohibit entry within 150
feet of the boat course. 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. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
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go to https://www.regulations.gov, type
USCG- 2024–0376 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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 is proposing
to amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. In § 100.801, in table 3 under
paragraph (j), amend by adding item 8
in numerical order to read as follows:
■
§ 100.801 Annual Marine Events in the
Eighth Coast Guard District.
*
*
*
(j) * * *
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Federal Register / Vol. 89, No. 121 / Monday, June 24, 2024 / Proposed Rules
52413
TABLE 3 OF § 100.801—SECTOR HOUSTON-GALVESTON ANNUAL AND RECURRING MARINE EVENTS
Date
Event/sponsor
*
8. First or Second Saturday
in March.
*
*
*
*
*
*
Winter Nationals Boat
Race.
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2023–0481; FRL–11913–
01–R5]
Air Plan Approval; Indiana; Sulfur
Dioxide
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
In accordance with the Clean
Air Act, the Environmental Protection
Agency (EPA) is proposing to approve a
September 11, 2023, State
Implementation Plan (SIP) submittal
from the Indiana Department of
Environmental Management (IDEM),
with information supplemented by a
March 11, 2024, letter to EPA. This SIP
submittal requests EPA approval of a
revision to the monitoring and
compliance requirements for certain
process heater stacks at Safety-Kleen Oil
Recovery Company in Lake County,
Indiana. The submittal also requests
EPA approval of a small language
clarification and equipment listing
revisions. Safety-Kleen is subject to
emissions limits and monitoring and
reporting requirements in the Indiana
SIP for sulfur dioxide (SO2) located at
title 326 of the Indiana Administrative
Code (IAC).
SUMMARY:
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Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2023–0481 at https://
www.regulations.gov, or via email to
langman.michael@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from the docket. EPA may publish any
comment received to its public docket.
Do not submit to EPA’s docket at
https://www.regulations.gov any
information you consider to be
Confidential Business Information (CBI),
Proprietary Business Information (PBI),
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI, PBI, or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
ADDRESSES:
BILLING CODE 9110–04–P
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*
*
*
San Jacinto River within 150 feet of the following area:
29°53′29.0148″ N, 095°06′39.4416″ W; the Approach Zone comprised of a straight line to begin at
approximately 29°53′27.3″ N, 95°06′42.6″ W and
end at approximately 29°53′27.6″ N, 95°06′40.0″ W;
the Course Run Zone comprised of a straight line to
begin at approximately 29°53′27.6″ N, 95°06′40.0″
W and end at approximately 29°53′30.0″ N,
95°06′34.7″ W; the Shut-Down Zone comprised of a
straight line to begin at approximately 29°53′30.0″ N,
95°06′34.7″ W and end at approximately
29°53′34.3″ N, 95°06′24.1″ W; and the Spectator
Zone located within the following coordinates;
29°53′29.4″ N, 95°06′39.8″ W, thence to 29°53′28.5″
N, 95°06′39.6″ W, thence to 29°53′29.7″ N,
95°06′36.9″ W, thence to 29°53′30.4″ N, 95°06′37.2″
W.
Comments must be received on
or before July 24, 2024.
[FR Doc. 2024–13785 Filed 6–21–24; 8:45 am]
15:59 Jun 21, 2024
*
San Jacinto River, Houston, TX.
Regulated area
DATES:
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the
Port Sector Houston-Galveston.
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Houston-Galveston location
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Air and Radiation
Division (AR18J), Environmental
Protection Agency, Region 5, 77 West
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Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8777,
maietta.anthony@epa.gov. The EPA
Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is the background for this
action?
The Indiana SIP, at 326 IAC 7–4.1–16
Safety-Kleen Oil Recovery Company
sulfur dioxide emission limitations, sets
SO2 emissions limits for process heaters
located at Safety-Kleen’s Lake County
facility. The SO2 limits are:
—14 pounds per hour and 60 tons per
year for process heaters H–201 and H–
301 (combined),
—10.8 pounds per hour and 47.3 tons
per year for process heaters H–401
and H–402 (combined), and
—8 pounds per hour for process heater
H–406.
The SIP provides Safety-Kleen with
compliance options for the process
heaters’ SO2 limits, either by installing
and operating a continuous emission
monitoring system (CEMS) or by fuel
sampling and off-gas analysis of sulfur
content for each fuel tank. Safety-Kleen
chose to utilize the fuel sampling and
off-gas analysis option for all of its
process heaters.
Between 2015 and 2021, Safety Kleen
violated its SO2 emission limit and
monitoring and compliance
requirements set forth in 326 IAC 7–4.1–
16. On October 20, 2021, IDEM and
Safety-Kleen signed an Agreed Order to
resolve violations of the SO2 emission
limits and monitoring and compliance
E:\FR\FM\24JNP1.SGM
24JNP1
]]>Agencies
[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Proposed Rules]
[Pages 52410-52413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13785]
=======================================================================
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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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish special local
regulations to provide for the safety of life on certain waters of the
San Jacinto River, in Houston, TX. These regulations would be enforced
during a high-speed boat race every first weekend in March. This
proposed rulemaking would prohibit persons and vessels from being in
the regulated area unless authorized by the Captain of the Port
Houston-Galveston or Patrol Commander. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 28, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0376 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the
[[Page 52411]]
SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in
this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Junior Grade Jack
Brunswick, Sector Houston-Galveston Waterways Management Division, U.S.
Coast Guard; telephone 713-398-5823, email [email protected].
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, Purpose, and Legal Basis
On April 28, 2024, an organization notified the Coast Guard that it
will be conducting their high-speed boat race from 8 a.m. to 6 p.m. on
the first or second Saturday in March, annually. The boat race is to be
held 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.
This proposed rule would add a recurring marine event requiring a
special local regulation to Table 3 of 33 CFR 100.801--Sector Houston-
Galveston Annual and Recurring Marine Events.
The purpose of this rulemaking is to protect personnel, vessels,
and the marine environment in the navigable waters within the Pre-Stage
Zone, Approach Zone, Course Run Zone, and Shut-Down Zone before,
during, and after the power boat race in San Jacinto River, Houston,
TX. The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70041.
III. Discussion of Proposed Rule
Part 100 of title 33 of the CFR contains regulations describing
marine events conducted on the U.S. navigable waters in order to ensure
the safety of life in the regulated areas. Section 100.801 of the title
provides the regulations applicable to events taking place in the
Eighth Coast Guard District and also provides tables listing each event
and special local regulations. This section requires amendment from
time to time to properly reflect recurring special local regulations.
This proposed rule would update section 100.801, Table 3 titled
``Sector Houston-Galveston Annual and Recurring Marine Events.''
Specifically, the COTP is proposing to establish a special local
regulation in the navigable waters of San Jacinto River, Houston, TX
from 8 a.m. to 6 p.m. on the first or second Saturday in March each
year to restrict general navigation during an annually recurring high-
speed boat race for safety purposes. 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.
No vessel or person would be permitted to enter the established
zones without obtaining permission from an official patrol vessel 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 COTP in the enforcement of the
regulated areas.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 this safety zone,
which would impact a small, designated area of the San Jacinto River,
for a short duration, when vessel traffic is normally low. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners about the
zone via VHF-FM marine channel 16, and the rule would allow vessels to
seek 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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
[[Page 52412]]
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed 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 person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 proposed rule involves a marine
event and special local regulation lasting only 10 hours that would
prohibit entry within 150 feet of the boat course. 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG- 2024-0376 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 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, in table 3 under paragraph (j), amend by adding
item 8 in numerical order to read as follows:
Sec. 100.801 Annual Marine Events in the Eighth Coast Guard
District.
* * * * *
(j) * * *
[[Page 52413]]
Table 3 of Sec. 100.801--Sector Houston-Galveston Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
Houston-Galveston
Date Event/sponsor location Regulated area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8. First or Second Saturday in 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.
----------------------------------------------------------------------------------------------------------------
* * * * *
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2024-13785 Filed 6-21-24; 8:45 am]
BILLING CODE 9110-04-P
