Safety Zone; Upper Galveston Bay, Kemah, TX, 63331-63334 [2024-17144]
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Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Proposed Rules
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comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
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as a manufacturing process. Please note
that if you include your name, contact
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identifies you in the body of your
comments, that information will be
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• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
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written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand Delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
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• For written/paper comments
submitted to the Dockets Management
Staff, FDA will post your comment, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2024–C–3384 for ‘‘GNT USA, LLC;
Filing of Color Additive Petition.’’
Received comments, those filed in a
timely manner (see ADDRESSES), will be
placed in the docket and, except for
those submitted as ‘‘Confidential
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submission. You should submit two
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‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ We
will review this copy, including the
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confidential information redacted/
blacked out, will be available for public
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copies to the Dockets Management Staff.
If you do not wish your name and
contact information to be made publicly
available, you can provide this
information on the cover sheet and not
in the body of your comments and you
must identify this information as
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://
www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
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and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
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FOR FURTHER INFORMATION CONTACT:
Marissa Santos, Center for Food Safety
and Applied Nutrition, Food and Drug
Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–8160.
Under
section 721(d)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C.
379e(d)(1)), we are giving notice that we
have filed a color additive petition (CAP
No. 4C0334), submitted on behalf of
GNT USA, LLC by Exponent, Inc., 1150
Connecticut Ave. NW, Suite 1100,
Washington, DC 20036. The petition
proposes to amend the color additive
regulations in part 73 (21 CFR part 73),
Listing of Color Additives Exempt From
Certification, to provide for the safe use
of spirulina extract in foods generally in
amounts consistent with good
manufacturing practice.
The petitioner has claimed that this
action is categorically excluded under
21 CFR 25.32(k) because the substance
is intended to be added directly to food,
remain in food through ingestion by
consumers, and is not intended to
replace macronutrients in food. In
addition, the petitioner has stated that,
to their knowledge, no extraordinary
circumstances exist. If FDA determines
a categorical exclusion applies, neither
an environmental assessment nor an
environmental impact statement is
required. If FDA determines a
categorical exclusion does not apply, we
will request an environmental
assessment and make it available for
public inspection.
SUPPLEMENTARY INFORMATION:
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63331
Dated: July 30, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–17090 Filed 8–2–24; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0503]
RIN 1625–AA00
Safety Zone; Upper Galveston Bay,
Kemah, TX
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to update the location and description
of a safety zone, and add two annually
recurring dates, for events at the Kemah
Board Walk Fireworks Display, in the
Upper Galveston Bay in Kemah, Texas.
The safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by the fireworks show. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port,
Sector Houston-Galveston, or a
designated representative. The purpose
of this safety zone is to ensure no
members of the public will be within
the fallout radius from the fireworks
show taking place, this will reduce the
probability of any injuries or damage
due to the inherent danger of launching
fireworks from a barge. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 20, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0503 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
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 Marine
Science Technician First Class
Christopher C. Morgan, Sector HoustonGalveston Waterways Management
SUMMARY:
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Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Proposed Rules
III. Discussion of Proposed Rule
Division; 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
The Coast Guard was informed that an
organization will be conducting a
fireworks display, annually, during the
first week in September and on
December 31. The fireworks will be
launched from a barge in the Upper
Galveston Bay approximately 1000 feet
East of the Kemah Boardwalk in Kemah,
TX. Hazards from firework displays
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
Captain of the Port Sector HoustonGalveston (COTP) has determined that
potential hazards associated with the
fireworks to be used in this display
would be a safety concern for anyone
within an 850-foot radius of the barge.
This proposed rule would amend 33
CFR 165.801 by adding the September
and December 31 dates, as well update
location information, for the safety zone
identified in TABLE 3 of 33 CFR
165.801, line 3.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within an 850-foot
radius of the fireworks barge before,
during, and after the recurring events.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034.
The Coast Guard is requesting that
interested parties provide comments
within a shortened comment period of
15 days instead of the typical 30 days
for this notice of proposed rulemaking.
The Coast Guard believes the 15-day
comment period still provides for a
reasonable amount of time for interested
parties to review the proposal and
provide informed comments on it while
also ensuring the Coast Guard has time
to review and respond to any significant
comments and has a final rule in effect
in time for the scheduled event to
protect against the identified hazards.
The Coast Guard anticipates issuing a
final rule with an effective date less
than 30 days after publication in the
Federal Register. Should that occur, we
will explain our good cause for doing so
in that publication, as required by 5
U.S.C. 553(d)(3).
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The COTP is proposing update
location information of a recurring
safety zone and add two annually
recurring event dates, one during the
first week of September and another on
December 31. The safety zone would
cover all navigable waters within 850
feet of a barge in the Upper Galveston
Bay located approximately 1000 feet
east of Kemah Boardwalk in Kemah, TX.
The safety zone is intended to ensure
the safety of vessels and persons on
these navigable waters during the
scheduled fireworks displays. No vessel
or person would be permitted to enter
the safety zone without obtaining
permission from the COTP or a
designated representative. If permission
is granted, all persons and vessels must
comply with the instructions of the
COTP or designated representative.
Designated representatives include
commissioned, warrant, and petty
officers of the U.S. Coast Guard. 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, duration, and
location of the safety zone. The safety
zone will last during the scheduled
fireworks events and covers an 850-foot
radius of navigable waters of Upper
Galveston Bay, TX. The zone does not
completely restrict vessel traffic and
allows mariners to ask for permission to
enter the safety zone via VHF radio or
contacting the Command Center. The
COTP or a designated representative
will inform the public through
broadcast notices to mariners of the
enforcement period for the safety zone
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as well as any changes in the planned
schedule.
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.
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
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Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Proposed Rules
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 two safety zones lasting
approximately 2 hours that would
prohibit entry without permission
within 850 feet of a fireworks barge.
Normally such actions are categorically
excluded from further review under
paragraph L[60a] of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A preliminary 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. 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–2024–0503 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 165
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 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. In § 165.801, amend Table 3, by
revising item 3 to read as follows:
■
§ 165.801 Annual fireworks displays and
other events in the Eighth Coast Guard
District requiring safety zones.
*
*
*
*
*
TABLE 3 OF § 165.801—SECTOR HOUSTON-GALVESTON ANNUAL AND RECURRING SAFETY ZONES
Sponsor/name
Sector HoustonGalveston location
Safety zone
*
Kemah Boardwalk
Fireworks Display, Kemah, TX.
*
Kemah, TX .............
*
*
*
The area within an 850-foot radius of the fireworks barge
located on the south side of Clear Creek Channel, 1000
feet east of Kemah Boardwalk in Kemah, TX.
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Date
*
*
3. July 4th; every Friday night in June
and July; first week of September;
December 31.
*
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*
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63334
Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Proposed Rules
Dated: July 30, 2024.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Alternate Captain
of the Port Sector Houston-Galveston.
[FR Doc. 2024–17144 Filed 8–2–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 401
[Docket No. USCG–2024–0406]
RIN 1625–AC94
Great Lakes Pilotage Rates—2025
Annual Review
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
In accordance with the
statutory provisions enacted by the
Great Lakes Pilotage Act of 1960, the
Coast Guard is proposing new pilotage
rates for 2025. The Coast Guard
estimates that this proposed rule would
result in approximately a 7 percent
increase in operating costs compared to
the 2024 season. The proposed new
pilotage rates are the result of increases
in both the number of Pilots and
revenue needed for the working capital
fund.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 4, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0406 using the Federal DecisionMaking Portal at www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
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: For
information about this document call or
email Mr. Brian Rogers, Commandant,
Office of Waterways and Ocean Policy—
Great Lakes Pilotage Division (CG–
WWM–2), Coast Guard; telephone 410–
360–9260, email Brian.Rogers@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Table of Contents for Preamble
I. Public Participation and Request for
Comments
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Summary of the Ratemaking Methodology
VI. Discussion of Proposed Rate Adjustments
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District One
A. Step 1: Recognize Previous Operating
Expenses
B. Step 2: Project Operating Expenses,
Adjusting for Inflation or Deflation
C. Step 3: Estimate Number of Registered
Pilots and Apprentice Pilots
D. Step 4: Determine Target Pilot
Compensation Benchmark and
Apprentice Pilot Wage Benchmark
E. Step 5: Project Working Capital Fund
F. Step 6: Project Needed Revenue
G. Step 7: Calculate Initial Base Rates
H. Step 8: Calculate Average Weighting
Factors by Area
I. Step 9: Calculate Revised Base Rates
J. Step 10: Review and Finalize Rates
District Three
A. Step 1: Recognize Previous Operating
Expenses
B. Step 2: Project Operating Expenses,
Adjusting for Inflation or Deflation
C. Step 3: Estimate Number of Registered
Pilots and Apprentice Pilots
D. Step 4: Determine Target Pilot
Compensation Benchmark and
Apprentice Pilot Wage Benchmark
E. Step 5: Project Working Capital Fund
F. Step 6: Project Needed Revenue
G. Step 7: Calculate Initial Base Rates
H. Step 8: Calculate Average Weighting
Factors by Area
I. Step 9: Calculate Revised Base Rates
J. Step 10: Review and Finalize Rates
VII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for
Comments
The Coast Guard views 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
www.regulations.gov. To do so, go to
https://www.regulations.gov, type
USCG–2024–0406 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
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www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternative 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
www.regulations.gov ‘‘Frequently Asked
Questions’’ (FAQ) web page. That FAQ
page also explains how to subscribe for
email alerts that will notify you when
comments are posted or if 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 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).
Public meeting. We do not plan to
hold a public meeting, but we will
consider doing so if we determine from
public comments that a meeting would
be helpful. We would issue a separate
Federal Register notice to announce the
date, time, and location of such a
meeting.
II. Abbreviations
2024 final rule Great Lakes Pilotage Rates—
2024 Annual Review
2023 final rule Great Lakes Pilotage Rates—
2023 Annual Ratemaking and Review of
Methodology
APA American Pilots’ Association
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
CPI Consumer Price Index
DHS Department of Homeland Security
Director U.S. Coast Guard’s Director of the
Great Lakes Pilotage
ECI Employment Cost Index
FOMC Federal Open Market Committee
FR Federal Register
GLPAC Great Lakes Pilotage Advisory
Committee
LPA Lakes Pilots Association
NAICS North American Industry
Classification System
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PCE Personal Consumption Expenditures
§ Section
SBA Small Business Administration
SLSPA Saint Lawrence Seaway Pilot
Association
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[Federal Register Volume 89, Number 150 (Monday, August 5, 2024)]
[Proposed Rules]
[Pages 63331-63334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17144]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0503]
RIN 1625-AA00
Safety Zone; Upper Galveston Bay, Kemah, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to update the location and
description of a safety zone, and add two annually recurring dates, for
events at the Kemah Board Walk Fireworks Display, in the Upper
Galveston Bay in Kemah, Texas. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the fireworks show. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port, Sector Houston-Galveston, or a designated representative. The
purpose of this safety zone is to ensure no members of the public will
be within the fallout radius from the fireworks show taking place, this
will reduce the probability of any injuries or damage due to the
inherent danger of launching fireworks from a barge. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 20, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0503 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the 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 Marine Science Technician First
Class Christopher C. Morgan, Sector Houston-Galveston Waterways
Management
[[Page 63332]]
Division; 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
The Coast Guard was informed that an organization will be
conducting a fireworks display, annually, during the first week in
September and on December 31. The fireworks will be launched from a
barge in the Upper Galveston Bay approximately 1000 feet East of the
Kemah Boardwalk in Kemah, TX. Hazards from firework displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port Sector Houston-
Galveston (COTP) has determined that potential hazards associated with
the fireworks to be used in this display would be a safety concern for
anyone within an 850-foot radius of the barge. This proposed rule would
amend 33 CFR 165.801 by adding the September and December 31 dates, as
well update location information, for the safety zone identified in
TABLE 3 of 33 CFR 165.801, line 3.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within an 850-foot radius of the fireworks
barge before, during, and after the recurring events. The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70034.
The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of the
typical 30 days for this notice of proposed rulemaking. The Coast Guard
believes the 15-day comment period still provides for a reasonable
amount of time for interested parties to review the proposal and
provide informed comments on it while also ensuring the Coast Guard has
time to review and respond to any significant comments and has a final
rule in effect in time for the scheduled event to protect against the
identified hazards.
The Coast Guard anticipates issuing a final rule with an effective
date less than 30 days after publication in the Federal Register.
Should that occur, we will explain our good cause for doing so in that
publication, as required by 5 U.S.C. 553(d)(3).
III. Discussion of Proposed Rule
The COTP is proposing update location information of a recurring
safety zone and add two annually recurring event dates, one during the
first week of September and another on December 31. The safety zone
would cover all navigable waters within 850 feet of a barge in the
Upper Galveston Bay located approximately 1000 feet east of Kemah
Boardwalk in Kemah, TX. The safety zone is intended to ensure the
safety of vessels and persons on these navigable waters during the
scheduled fireworks displays. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. If permission is granted, all persons and
vessels must comply with the instructions of the COTP or designated
representative. Designated representatives include commissioned,
warrant, and petty officers of the U.S. Coast Guard. 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,
duration, and location of the safety zone. The safety zone will last
during the scheduled fireworks events and covers an 850-foot radius of
navigable waters of Upper Galveston Bay, TX. The zone does not
completely restrict vessel traffic and allows mariners to ask for
permission to enter the safety zone via VHF radio or contacting the
Command Center. The COTP or a designated representative will inform the
public through broadcast notices to mariners of the enforcement period
for the safety zone as well as any changes in the planned schedule.
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.
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
[[Page 63333]]
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 two safety
zones lasting approximately 2 hours that would prohibit entry without
permission within 850 feet of a fireworks barge. Normally such actions
are categorically excluded from further review under paragraph L[60a]
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
A preliminary 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. 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-2024-0503 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 165
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 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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.
0
2. In Sec. 165.801, amend Table 3, by revising item 3 to read as
follows:
Sec. 165.801 Annual fireworks displays and other events in the Eighth
Coast Guard District requiring safety zones.
* * * * *
Table 3 of Sec. 165.801--Sector Houston-Galveston Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
Sector Houston- Galveston
Date Sponsor/name location Safety zone
----------------------------------------------------------------------------------------------------------------
* * * * * * *
3. July 4th; every Friday night in Kemah Boardwalk Kemah, TX..................... The area within an
June and July; first week of Fireworks Display, 850-foot radius of
September; December 31. Kemah, TX. the fireworks barge
located on the south
side of Clear Creek
Channel, 1000 feet
east of Kemah
Boardwalk in Kemah,
TX.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 63334]]
Dated: July 30, 2024.
Nicole D. Rodriguez,
Captain, U.S. Coast Guard, Alternate Captain of the Port Sector
Houston-Galveston.
[FR Doc. 2024-17144 Filed 8-2-24; 8:45 am]
BILLING CODE 9110-04-P
