Special Local Regulation; San Jacinto River, Houston, TX, 60569-60571 [2024-16342]
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Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 / Rules and Regulations
Estimated Number of Financial
Institution Respondents: 300.
Frequency of Response: On occasion.
Estimated Total Number of Annual
Responses: 300.
Estimated Time per Response: 30
minutes.
Estimated Total Annual Burden
Hours: 150 hours.
The text of the reporting instructions
is provided below.
OFFICE OF FOREIGN ASSETS
CONTROL
ddrumheller on DSK120RN23PROD with RULES1
Reporting Instructions Under the
Rebuilding Economic Prosperity and
Opportunity for Ukrainians Act
Pursuant to section 104(a) of the
Rebuilding Economic Prosperity and
Opportunity for Ukrainians Act, Public
Law 118–50, Division F (the ‘‘REPO for
Ukrainians Act,’’ or the ‘‘Act’’), all
financial institutions at which Russian
sovereign assets are located, and that
know or should know of such assets, are
required to provide notice of such assets
to the Office of Foreign Assets Control
(OFAC) no later than August 2, 2024 or
within 10 days of the detection of such
assets. Financial institutions that
maintain correspondent or payablethrough accounts on behalf of foreign
financial institutions should exercise
reasonable due diligence to report any
Russian sovereign assets held in such
accounts.
Financial institutions may rely on
reports regarding Russian sovereign
assets located at the financial institution
that are filed pursuant to Directive 4
under Executive Order (E.O.) 14024 or
in reports of blocked property filed
pursuant to 31 CFR 501.603(b) to fulfill
their obligations under section 104(a) of
the Act with respect to those assets and
should not re-report to OFAC any such
assets under this instruction. Reports
provided under this instruction shall
identify Russian sovereign assets not
otherwise reported to OFAC pursuant to
Directive 4 under E.O. 14024 or in
reports of blocked property filed
pursuant to 31 CFR 501.603(b).
(a) Reports. Reports of Russian
sovereign assets shall include the
following:
(1) The name and address of the
person in possession or control of the
property;
(2) The date the property came into
the possession or control of such
person;
(3) The person that owns the account
or property;
(4) A description of the property and
its location in the United States or
otherwise, including any relevant
account types, account numbers,
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16:03 Jul 25, 2024
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reference numbers, dates, or other
information necessary to identify the
property;
(5) The actual, or if unknown,
estimated value of the property in U.S.
dollars. Foreign currencies must be
reported in U.S. dollars with the foreign
currency amount and notional exchange
rate in the narrative; and
(6) A copy of the most recent relevant
account statement or other
documentation to support the estimated
value of the property.
Reports under this instruction should
be submitted using the REPO for
Ukrainians Act Report Form, which is
available on OFAC’s website (https://
ofac.treasury.gov/). Financial
institutions with responsive information
should email completed forms to
ofacreport@treasury.gov with the subject
line, ‘‘[Name of Financial Institution]
REPO for Ukrainians Act Report.’’
(b) Definitions. Pursuant to section 2
of the Act and for purposes of these
instructions:
(1) The term ‘‘financial institution’’
means a financial institution specified
in subparagraph (A), (B), (C), (D), (E),
(F), (G), (H), (I), (J), (M), or (Z) of section
5312(a)(2) of title 31 United States Code.
(2) The term ‘‘Russian sovereign
asset’’ means any of the following,
regardless of whether such asset is
blocked or effectively immobilized by
the Department of the Treasury: (A)
Funds and other property of (i) the
Central Bank of the Russian Federation,
(ii) the Russian National Wealth Fund,
or (iii) the Ministry of Finance of the
Russian Federation; or (B) any other
funds or other property that are owned
by the Government of the Russian
Federation, including by any
subdivision, agency, or instrumentality
of that government.
Bradley T. Smith,
Director, Office of Foreign Assets Control.
[FR Doc. 2024–16479 Filed 7–25–24; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2024–0359]
RIN 1625–AA08
Special Local Regulation; San Jacinto
River, Houston, TX
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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60569
The Coast Guard is
establishing a special local regulation to
provide for the safety of life on certain
waters of the San Jacinto River, in
Houston, TX. This regulation will be
enforced during a high-speed boat race
every third weekend in July. This
regulation prohibits persons and vessels
from being in the regulated areas unless
authorized by the Captain of the Port
Houston-Galveston or designated Coast
Guard Patrol Commander.
DATES: This rule is effective without
actual notice from July 26, 2024. For the
purposes of enforcement, actual notice
will be used from July 20, 2024, until
July 26, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0359 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this
rulemaking, 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:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port HoustonGalveston
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
On April 18, 2024, an organization
notified the Coast Guard that it will be
conducting an annual high speed boat
race every third weekend in July 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 3, 2024, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Special Local regulation; San Jacinto
River, Houston, TX (89 FR 55131).
There we stated why we issued the
NPRM and invited comments on our
proposed regulatory action related to
this boat race. During the comment
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60570
Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 / Rules and Regulations
period that ended July 18, 2024, we
received 4 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 is impracticable because
immediate action is needed to respond
to the potential safety hazards
associated with the power boat race
being held on July 20 and July 21, 2024.
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 anyone
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.
ddrumheller on DSK120RN23PROD with RULES1
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received four
comments on our NPRM published July
3, 2024. One concern was related to
environmental impact. However, during
the environmental review it was
determined that this event had minimal
to no impact to the environment. The
remaining comments raised concerns
that are unrelated to the regulation and
outside the scope of Coast Guard
authority. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
The COTP is establishing a special
local regulation that will be enforced
annually the third Saturday and Sunday
of July. Annual notice of the exact dates
and times of the effective period with
respect to the event, the geographical
area, and additional details, as needed,
concerning the event 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°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,
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16:03 Jul 25, 2024
Jkt 262001
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 will be permitted
to enter 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 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, the rule has not been
PO 00000
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Sfmt 4700
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 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 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
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
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Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 / Rules and Regulations
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
implications for federalism or Indian
Tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
C. Collection of Information
E. Unfunded Mandates Reform Act
This rule would not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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
would not result in such an
expenditure, we do discuss the potential
effects of this rule elsewhere in this
preamble.
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 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
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 lasting only 9 hours that
would prohibit entry within 150 feet of
60571
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.
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
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, amend Table 3, by
adding item 8 to read as follows:
■
§ 100.801 Annual Marine Events in the
Eighth Coast Guard District.
*
*
*
*
*
TABLE 3 OF § 100.801—SECTOR HOUSTON-GALVESTON ANNUAL AND RECURRING MARINE EVENTS
ddrumheller on DSK120RN23PROD with RULES1
*
8. 3rd Saturday and
Sunday of July.
*
Shootout on the San
Jac Boat Race.
*
San Jacinto River,
Houston, TX.
*
*
*
*
All waters 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.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the
Port Sector Houston-Galveston.
[FR Doc. 2024–16342 Filed 7–25–24; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 89, Number 144 (Friday, July 26, 2024)]
[Rules and Regulations]
[Pages 60569-60571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16342]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0359]
RIN 1625-AA08
Special Local Regulation; San Jacinto River, Houston, TX
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation to
provide for the safety of life on certain waters of the San Jacinto
River, in Houston, TX. This regulation will be enforced during a high-
speed boat race every third weekend in July. This regulation prohibits
persons and vessels from being in the regulated areas unless authorized
by the Captain of the Port Houston-Galveston or designated Coast Guard
Patrol Commander.
DATES: This rule is effective without actual notice from July 26, 2024.
For the purposes of enforcement, actual notice will be used from July
20, 2024, until July 26, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0359 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 Rudy Ortega, 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
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 18, 2024, an organization notified the Coast Guard that it
will be conducting an annual high speed boat race every third weekend
in July 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 3, 2024, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Special Local regulation; San Jacinto
River, Houston, TX (89 FR 55131). There we stated why we issued the
NPRM and invited comments on our proposed regulatory action related to
this boat race. During the comment
[[Page 60570]]
period that ended July 18, 2024, we received 4 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 is impracticable because immediate action is needed to
respond to the potential safety hazards associated with the power boat
race being held on July 20 and July 21, 2024.
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 anyone 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received four comments on our NPRM published
July 3, 2024. One concern was related to environmental impact. However,
during the environmental review it was determined that this event had
minimal to no impact to the environment. The remaining comments raised
concerns that are unrelated to the regulation and outside the scope of
Coast Guard authority. There are no changes in the regulatory text of
this rule from the proposed rule in the NPRM.
The COTP is establishing a special local regulation that will be
enforced annually the third Saturday and Sunday of July. Annual notice
of the exact dates and times of the effective period with respect to
the event, the geographical area, and additional details, as needed,
concerning the event 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.
No vessel or person will be permitted to enter 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 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, the rule 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 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
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 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
[[Page 60571]]
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 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 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 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 rule would 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 lasting only
9 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.
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, amend Table 3, by adding item 8 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
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
8. 3rd Saturday and Sunday of Shootout on the San San Jacinto River, All waters within 150 feet of the
July. Jac Boat Race. Houston, TX. 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. 2024-16342 Filed 7-25-24; 8:45 am]
BILLING CODE 9110-04-P
