Safety Zone; Upper Galveston Bay, Kemah, TX, 72329-72331 [2024-19945]
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Rules and Regulations
(d) Enforcement period. This section
will be enforced from 8 a.m. to 1 p.m.
on September 21, 2024.
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. Add § 100.T08–0766 to read as
follows:
■
[FR Doc. 2024–19908 Filed 9–4–24; 8:45 am]
BILLING CODE 9110–04–P
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§ 100.T08–0766 Texian Navy Boat Parade;
Galveston Channel, Galveston, TX.
(a) Regulated areas. (1) Pre-Staging
Zone comprised of all waters of
Galveston Channel surrounding
29°20′23″ N, 094°46′37″ W, from surface
to bottom, in a radius 200 yards. These
coordinates are based on chart 11330.
(2) Spectator Zone comprised of all
waters of Galveston Channel from
surface to bottom located within the
following coordinates: 29°19′17″ N,
094°46′36″ W, thence to 29°19′37″ N,
094°46′53″ W, and both points
connecting to the eastern shore. These
coordinates are based on chart 11330.
(3) Parade Transit Zone comprised of
all waters of Galveston Channel from
surface to bottom located within the
following coordinates: 29°19′07.02″ N,
094°47′10.98″ W, thence to 29°18′55.43″
N, 094°47′04.23″ W, thence to
29°20′29.45″ N, 094°46′14.18″ W, thence
to 29°20′32.68″ N, 094°46′29.94″ W, and
along the shore line back to the
beginning point. These coordinates are
based on chart 11330.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Houston-Galveston
(COTP) in the enforcement of the
regulations in this section.
(c) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the pre-staging
and parade transit zones described in
paragraph (a) of this section unless
authorized by the COTP or their
designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Radio Channel
12. Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners
and by on-scene designated
representatives.
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Dated: August 28, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the
Port Sector Houston-Galveston.
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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is updating
the location and description of a safety
zone, and adding two annually
recurring dates, for events at the Kemah
Boardwalk 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.
DATES: This rule is effective September
5, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0503 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email Marine Science Technician
First Class Christopher C. Morgan,
Sector Houston-Galveston Waterways
Management Division; telephone 713–
398–5823, Email houstonwwm@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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
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Fmt 4700
Sfmt 4700
U.S.C.
72329
United States Code
II. Background Information and
Regulatory History
The Coast Guard was informed that
the city of Kemah will be conducting an
annual fireworks display during the first
week in September and on December 31
every year. The fireworks will be
launched from a barge in the Upper
Galveston Bay approximately 1,000 feet
east of the Kemah Boardwalk in Kemah,
TX. In response, on August 5, 2024, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Upper Galveston Bay,
Kemah, TX (89 FR 63331). There we
stated why we issued the NPRM and
invited comments on our proposed
regulatory action related to this
fireworks display. During the comment
period that ended August 20, 2024, we
received 1 comment.
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
prompt action is needed to respond to
the potential safety hazards associated
with the fireworks display during the
first week in September 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port, Sector HoustonGalveston (COTP) has determined that
potential hazards associated with the
fireworks to be used in these annual
recurring fireworks displays will be a
safety concern for anyone within an
850-foot radius of the barge. The
purpose of this rule is to ensure safety
of persons, vessels and the navigable
waters in the safety zone before, during,
and after the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received 1
comment on our NPRM published
August 5, 2024. There are no changes in
the regulatory text of this rule from the
proposed rule.
The comment that was received stated
‘‘[T]he record of environmental
consideration has not been made
available in the docket even though the
notice states that it was. Request the CG
upload the document and request a 30
day extension to allow public review of
the document.’’ Due to time constraints
for the upcoming display, and the fact
that this is an already established safety
zone for multiple other displays in the
area throughout the year, a 30-day
extension is not feasible or necessary. A
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Rules and Regulations
final record of environmental
consideration will be available for
review on the docket.
The COTP is updating the location
information for a recurring safety zone
and adding two annually recurring
event dates, one during the first week of
September and another on December 31
The safety zone includes all navigable
waters within 850 feet of a fireworks
barge in the Upper Galveston Bay
located approximately 1,000 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
will 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 lawful instructions of the
COTP or designated representative.
Designated representatives include
commissioned, warrant, and petty
officers of the U.S. Coast Guard.
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.
khammond on DSKJM1Z7X2PROD with RULES
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, duration, and
location of the safety zone. The safety
zone will last during the scheduled
fireworks events and covers an 850-foot
radius from the fireworks barge in the
navigable waters of Upper Galveston
Bay, TX. The zone 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.
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21:04 Sep 04, 2024
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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
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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
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 safety
zone that prohibits entry without
permission within 850 feet of a
fireworks barge. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Rules and Regulations
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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.
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
2. In § 165.801, amend table 3, by
revising item 3 to read as follows:
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues 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
Date
*
*
3. July 4th; every Friday night in
June and July; first week of
September; December 31.
*
*
*
*
Kemah Boardwalk Fireworks Display, Kemah, TX.
*
*
*
Sector HoustonGalveston location
Sponsor/name
*
Safety zone
*
*
*
*
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.
*
*
associated with the site and to
determine what CERCLA-financed
remedial action(s), if any, may be
appropriate. This rule adds one site to
the General Superfund section of the
NPL.
*
Dated: August 29, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Houston-Galveston.
[FR Doc. 2024–19945 Filed 9–4–24; 8:45 am]
DATES:
BILLING CODE 9110–04–P
The rule is effective October 5,
2024.
40 CFR Part 300
[EPA–HQ–OLEM–2024–0066; FRL–12163–
02–OLEM]
National Priorities List
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Comprehensive
Environmental Response,
Compensation, and Liability Act of 1980
(‘‘CERCLA’’ or ‘‘the Act’’), as amended,
requires that the National Oil and
Hazardous Substances Pollution
Contingency Plan (‘‘NCP’’) include a list
of national priorities among the known
releases or threatened releases of
hazardous substances, pollutants or
contaminants throughout the United
States. The National Priorities List
(‘‘NPL’’) constitutes this list. The NPL is
intended primarily to guide the
Environmental Protection Agency (‘‘the
EPA’’ or ‘‘the agency’’) in determining
which sites warrant further
investigation. These further
investigations will allow the EPA to
assess the nature and extent of public
health and environmental risks
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SUMMARY:
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Contact information for the
EPA Headquarters:
• Docket Coordinator, Headquarters;
U.S. Environmental Protection Agency;
CERCLA Docket Office; 1301
Constitution Avenue NW; William
Jefferson Clinton Building West, Room
3334, Washington, DC 20004, (202) 566–
0276.
FOR FURTHER INFORMATION CONTACT:
Vanessa Van Note, Site Assessment and
Remedy Decisions Branch, Assessment
and Remediation Division, Office of
Superfund Remediation and Technology
Innovation (Mail code 5203T), U.S.
Environmental Protection Agency; 1301
Constitution Avenue NW, Washington,
DC 20460, telephone number: (571)
882–3866, email address:
vannote.vanessa@epa.gov.
The contact information for the
regional dockets is as follows:
• Holly Inglis, Region 1 (CT, ME, MA,
NH, RI, VT), U.S. EPA, Superfund
Records and Information Center, 5 Post
Office Square, Suite 100, Boston, MA
02109–3912; (617) 918–1413.
• James Desir, Region 2 (NJ, NY, PR,
VI), U.S. EPA, 290 Broadway, New
York, NY 10007–1866; (212) 637–4342.
• Lorie Baker, Region 3 (DE, DC, MD,
PA, VA, WV), U.S. EPA, 4 Penn Center,
1600 John F. Kennedy Boulevard, Mail
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
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*
*
code 3SD12, Philadelphia, PA 19103
(215) 814–3355.
• Sandra Bramble, Region 4 (AL, FL,
GA, KY, MS, NC, SC, TN), U.S. EPA, 61
Forsyth Street SW, Mail code 9T25,
Atlanta, GA 30303; (404) 562–8926.
• Todd Quesada, Region 5 (IL, IN, MI,
MN, OH, WI), U.S. EPA Superfund
Division Librarian/SFD Records
Manager SRC–7J, Metcalfe Federal
Building, 77 West Jackson Boulevard,
Chicago, IL 60604; (312) 886–4465.
• Michelle Delgado-Brown, Region 6
(AR, LA, NM, OK, TX), U.S. EPA, 1201
Elm Street, Suite 500, Mail code SED,
Dallas, TX 75270; (214) 665–3154.
• Kumud Pyakuryal, Region 7 (IA,
KS, MO, NE), U.S. EPA, 11201 Renner
Blvd., Mail code SUPRSTAR, Lenexa,
KS 66219; (913) 551–7956.
• David Fronczak, Region 8 (CO, MT,
ND, SD, UT, WY), U.S. EPA, 1595
Wynkoop Street, Mail code 8SEM–EM–
P, Denver, CO 80202–1129; (303) 312–
6096.
• Leslie Ramirez, Region 9 (AZ, CA,
HI, NV, AS, GU, MP), U.S. EPA, 75
Hawthorne Street, Mail code SFD–6–1,
San Francisco, CA 94105; (415) 972–
3978.
• Brandon Perkins, Region 10 (AK,
ID, OR, WA), U.S. EPA, 1200 Sixth
Avenue, Mail code 13–J07, Seattle, WA
98101; (206) 553–6396.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. What are CERCLA and SARA?
B. What is the NCP?
C. What is the National Priorities List
(NPL)?
D. How are sites listed on the NPL?
E. What happens to sites on the NPL?
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]]>Agencies
[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Rules and Regulations]
[Pages 72329-72331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19945]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is updating the location and description of a
safety zone, and adding two annually recurring dates, for events at the
Kemah Boardwalk 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.
DATES: This rule is effective September 5, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0503 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Marine Science Technician First Class Christopher C.
Morgan, Sector Houston-Galveston Waterways Management 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 Information and Regulatory History
The Coast Guard was informed that the city of Kemah will be
conducting an annual fireworks display during the first week in
September and on December 31 every year. The fireworks will be launched
from a barge in the Upper Galveston Bay approximately 1,000 feet east
of the Kemah Boardwalk in Kemah, TX. In response, on August 5, 2024,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Upper Galveston Bay, Kemah, TX (89 FR 63331). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to this fireworks display. During the comment
period that ended August 20, 2024, we received 1 comment.
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 prompt action is needed to respond
to the potential safety hazards associated with the fireworks display
during the first week in September 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Sector Houston-Galveston (COTP) has
determined that potential hazards associated with the fireworks to be
used in these annual recurring fireworks displays will be a safety
concern for anyone within an 850-foot radius of the barge. The purpose
of this rule is to ensure safety of persons, vessels and the navigable
waters in the safety zone before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 1 comment on our NPRM published August
5, 2024. There are no changes in the regulatory text of this rule from
the proposed rule.
The comment that was received stated ``[T]he record of
environmental consideration has not been made available in the docket
even though the notice states that it was. Request the CG upload the
document and request a 30 day extension to allow public review of the
document.'' Due to time constraints for the upcoming display, and the
fact that this is an already established safety zone for multiple other
displays in the area throughout the year, a 30-day extension is not
feasible or necessary. A
[[Page 72330]]
final record of environmental consideration will be available for
review on the docket.
The COTP is updating the location information for a recurring
safety zone and adding two annually recurring event dates, one during
the first week of September and another on December 31 The safety zone
includes all navigable waters within 850 feet of a fireworks barge in
the Upper Galveston Bay located approximately 1,000 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 will 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 lawful instructions of the COTP or
designated representative. Designated representatives include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
duration, and location of the safety zone. The safety zone will last
during the scheduled fireworks events and covers an 850-foot radius
from the fireworks barge in the navigable waters of Upper Galveston
Bay, TX. The zone 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 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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have made a 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 safety zone that prohibits entry without permission
within 850 feet of a fireworks barge. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the
[[Page 72331]]
person listed in the FOR FURTHER INFORMATION CONTACT section to
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or
vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: August 29, 2024.
Keith M. Donohue,
Captain, U.S. Coast Guard, Captain of the Port, Sector Houston-
Galveston.
[FR Doc. 2024-19945 Filed 9-4-24; 8:45 am]
BILLING CODE 9110-04-P
